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Facing Foreclosure? Your Kids Can Cope

By Cathy Moran

    I talk with clients about walking away from underwater houses day after day. * Yet despite the pain and the roadblocks,  these clients express reluctance to move because of the impact on their children.> It’s our home, they intone. It’s as though there can be only ONE home, and it’s this piece of real estate. They imagine […]

Filed Under: Real property & mortgages, True Stories

Tugging On Superman’s Cape

By Cathy Moran

When a Chapter 13 trustee complains that the means test is not easy to administer when only one spouse files, should I be sympathetic? After all, Chapter 13 confirmation is often a negotiation on disputed issues between the trustee and debtor’s counsel. Here’s what I said recently at ConsiderChapter13.org on that issue. Come on, Madame […]

Filed Under: Chapter 13, How bankruptcy works

California Anti Deficiency Laws Trump Short Sale Agreement

By Cathy Moran

short sale liability

A California homeowner who negotiated a short sale of her home that left her personally liable to the lender for the shortage scored an appeals court victory  expanding our understanding of the anti deficiency provisions of California law. Coker v. J.P.Morgan Chase, decided by the 4th Appellate District court, barred enforcement of the seller’s agreement to […]

Filed Under: Real property & mortgages, Strictly California

Super Bankruptcy Lawyer Spotted in Redwood City

By Cathy Moran

Super Bankruptcy Lawyer in Mountain View

Cathy Moran was again named a Super Lawyer in Bankruptcy for Northern California in 2023 for the 17th year in a row. This is pretty heady stuff, Cathy was heard to admit. But then, it’s just part of the job of getting clients out of debt and back in a sound financial place. Between this site, BankruptcySoapbox.com […]

Filed Under: Strictly California

California Pulls The Plug On Debt Buyers

By Cathy Moran

Up until now, old debts lived on, until the person who owed the debt pulled the plug. That’s right:  it is the person who is liable for the debt who can kill the debt off, not the person to whom the money is owed. Because, at law, there’s a limit on the age of a […]

Filed Under: Debt Collection Rights, Strictly California

The Realtor’s Guide To Home Sales In Bankruptcy

By Cathy Moran

Home sales in bankruptcy

Sooner or later, every realtor will encounter a property involved in a bankruptcy case. Or a property that could escape foreclosure and sell, using bankruptcy. Bankruptcy’s a different world when it comes to real estate.  It pays to know how to deal. Let’s walk through the principles and procedures involved when buying or selling real […]

Filed Under: Featured, Real property & mortgages Tagged With: 2016

The Struggle To Surrender Underwater Real Estate

By Cathy Moran

surrendering real propery

How difficult it can be to surrender real property in bankruptcy when you have no hope of paying for it. After all, the lender takes a mortgage on the property so they can take it from you if you don’t pay. My client’s bankruptcy plan said he would make no payments on the rental’s mortgage […]

Filed Under: Featured, Real property & mortgages, True Stories Tagged With: 2016, surrender

Claim Tax Deductions Lurking In Your Chapter 13

By Cathy Moran

lurking tax deductions

Tax deductions may be hiding in your Chapter 13. Did you file for an extension of time to file your income tax return? Well, time to get the return done is running out:  returns are due October 16th in 2023. If you are in a Chapter 13 bankruptcy case, you may have deductions you haven’t […]

Filed Under: Chapter 13, Taxes

10 Best Bankruptcy Soap Box Posts Of 2015

By Cathy Moran

How do I measure which Soapbox posts from 2015 are my favorites?  It’s like asking which of my children I like the best. Some posts I like because the topic is important;  some because they are useful; and some I just like because they were fun to write. So, here goes my countdown to the 10 posts […]

Filed Under: Featured Tagged With: 2015

Why Creditors Should Get Less in Chapter 13

By Cathy Moran

saving in Chapter 13

Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter […]

Filed Under: Chapter 13, 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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