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The Killer Rule That Zaps Private Student Loans

By Cathy Moran

private student loan

Got private student loans? I’ve got good news and bad news. Bad news first. Private Student Loans Inflexible Private student loans have no built in mechanisms for deferment and forbearances, like government-backed loans do. There are no income based repayment plans, as there are with federal student loans.’  No “outs” for disability or schools that close […]

Filed Under: Strictly California, Student loans

Protect Your Credit After Equifax Security Breach

By Cathy Moran

EQUIFAX data breach

Half the US population may be affected by the hacking of credit reporting agency Equifax.  I’m in that group along with 143 million other Americans. Stolen were names, addresses, dates of birth, and Social Security numbers.  Some credit card numbers were also lifted.  Everything an identity thief needs to ruin your financial life. Equifax is […]

Filed Under: Featured Tagged With: 2017

Foreclosure: The Unseen Hazards

By Cathy Moran

It’s not the foreclosing creditor that really threaten California homeowners. It’s the forces that follow foreclosure. The junior lender and the tax man can deliver  truly punishing blows to a family losing a home. Cut-off Junior Lienholders Californians enjoy the protection of the one action rule governing foreclosures. A creditor who conducts a non judicial […]

Filed Under: Strictly California

Bank Has No Remedy After Foreclosure

By Cathy Moran

Facing foreclosure is bad enough; worrying about your exposure afterwards is worse. Breathe deeply. California laws shield homeowners from further collection by a lender who has foreclosed. Understanding Foreclosure Sales To understand California’s protections for homeowners, you have to understand how a typical foreclosure sale works. The deed of trust, given to the lender when […]

Filed Under: Strictly California

Cut Tax Liens Down to Size

By Cathy Moran

tax liens

Tax liens are no match for Chapter 13 when it comes to cutting the lien down to its real value. On paper, a tax lien can quickly become huge. In bankruptcy however, a lien is no bigger than the value of the assets it attaches to. While in Chapter 7, liens pass through bankruptcy without […]

Filed Under: Consumer Rights, Taxes

New Tool For Homeowners Against Mortgage Lender Mistakes

By Cathy Moran

mortgage abuse

  Pstt! Homeowners.  Bankruptcy Lawyers. We’ve been handed a new tool for dealing with problems with mortgage lenders. Or maybe the courts are just showing us how to use some tools we’ve accumulated.  Tools to make sure that homeowners who emerge from Chapter 13 are right and square with their mortgage lender. Scott v. Caliber (Bankr. […]

Filed Under: Real property & mortgages Tagged With: 2016

All Star Soapbox Posts For 2017 – The Readers’ Favorites

By Cathy Moran

best of Soapbox

We’re half way through the year here on the Bankruptcy Soapbox.  Let’s take an All Star break and single out the best performing posts so far this year. Strikingly, the team is all veterans.  Not a single post written in 2017 cracked the top ten. Nor did the two topics that animate me the most, […]

Filed Under: Featured Tagged With: 2017

Tax Trap When You Settle Debts Outside Of Bankruptcy

By Cathy Moran

debt settlement

Debt settlement has a hidden tax consequences no one ever discusses. If you own a home, debt settlement can bite you in the asset down the road. That’s because debt forgiven outside of bankruptcy gets deducted from the basis of your home.   Result:  more potentially taxable capital gains on sale. That’s the killer reason […]

Filed Under: Considering Bankruptcy, Taxes Tagged With: 1099, cancelled debt, debt settlement

Homestead Law Little Protection For California Seniors

By Cathy Moran

California homestead law

Home equity makes up most of the net worth of California seniors. Most are house poor.  Lots of equity, little in liquid assets. But unless you take a very expensive reverse mortgage, that equity may as well be under lock and key.  You can’t pay the monthly expenses from value in real estate. When expenses […]

Filed Under: Strictly California Tagged With: 2016

Google & Me

By Cathy Moran

Google and BankruptcyInBrief share a birthday, I’ve learned. I’m sure you saw the similarities in a flash. The Mercury News reports that Google was founded in 1998, the same year I bought a book and set out to make a web site about bankruptcy. I knew nothing about programming, and less about web design.  But I knew that […]

Filed Under: Consumer Rights

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Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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