• Home
  • Bankruptcy in Brief
  • ABC’s of Bankruptcy
  • Considering Bankruptcy
  • True Stories
  • Chapter 13
  • Blog
  • About
  • TOC

Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box
  • How bankruptcy works
  • Mortgage Matters
  • Consumer Rights
  • You & Your Lawyer
  • Small Business
  • Family Law

The Collection Call That Terrifies

By Cathy Moran

debt collector

Nothing strikes terror in someone behind on their bills like a debt collector call to their family. Sheer terror. It works, too. That fear is second only to a wage garnishment for bringing people to see a bankruptcy lawyer. The only flaw in the collector’s strategy in contacting your family about your debts is that […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: bankruptcy alternatives, debt collectors

When Foreclosure Requires You Move

By Cathy Moran

When you’ve decided to walk away from a house you can no longer afford, don’t overlook the opportunity to be paid to move out. The foreclosure crisis of 2008 brought with it a new phenomenon:  cash for keys. The  banks who bought the house at foreclosure realized that it is cheaper and more orderly to […]

Filed Under: Real property & mortgages

Why Rising Home Prices Will Sink Some Homeowners

By Cathy Moran

  The median home price in the Bay Area has risen to over $500,000 for the first time in five years, the Mercury News reported this week. For lots of home owners, that says the window of opportunity is closing. What? The usual thinking is that rising values are good for homeowners and bad for […]

Filed Under: Real property & mortgages

Bankruptcy Exemption Bill Changes More Than Dollar Amounts

By Cathy Moran

crtches

An odd quirk in California’s bankruptcy exemptions was eliminated when the exclusion for pain and suffering damages was deleted by the legislature. Before January, 2013, someone filing bankruptcy could exempt money recovered for a personal injury up to $17,425.  But no part of any recovery for pain and suffering associated with that injury was exempt. […]

Filed Under: How bankruptcy works, Real property & mortgages Tagged With: exemptions

Tax Question Roundup

By Cathy Moran

  Not long til tax returns are due. Time for a roundup of tax issues I see from atop my soapbox. I’ll point you to fuller discussions of tax topics. Are Chapter 13 payments deductible?   I’ve never seen a claim that the entire monthly payment is deductible.  In a case where all of the […]

Filed Under: Taxes

Means Test Not Sole Measure Of Bankruptcy Abuse

By Cathy Moran

Two appeals courts hold that a bankruptcy judge may dismiss a Chapter 7 case based on ability to pay debts, even if the debtors pass the means test. Increasingly over the last 20 years, Congress has tried to put Chapter 7 off limits to debtors who can pay a meaningful portion of their debts. For […]

Filed Under: How bankruptcy works, Means test

Filing Bankruptcy Is All About Your Future

By Cathy Moran

The decision to file bankruptcy is usually driven by threats from creditors to take something from you, now. Do nothing and your creditor can levy your bank account or garnish your wages.  More about how lawsuits work It’s all too human to put off a difficult step like filing bankruptcy until those threats seem real and […]

Filed Under: Considering Bankruptcy

Lien Strips Live in Chapter 20

By Cathy Moran

Bankruptcy's Chapter 20

Twenty is my favorite number these days. The Oakland bankruptcy judges have ruled consistent with one another that lien stipping in Chapter 13 is allowed in a case where the debtor isn’t eligible for a discharge. Chapter 20 lives and thrives!! Before you run off to the law library looking for Chapter 20, I confess […]

Filed Under: How bankruptcy works, Real property & mortgages

Car Crazy In Bankruptcy Court

By Cathy Moran

Keep the car through bankruptcy

My client wants to keep paying on his car after bankruptcy. The lender wants my client to keep paying on his car after bankruptcy. Yet it took an afternoon in court for a hearing set by the judge on approval of my client’s reaffirmation agreement with the car lender to get everyone what they wanted. What […]

Filed Under: How bankruptcy works, True Stories Tagged With: bankruptcy, Car, Car After Bankruptcy, Car Payment, Reaffirmation Agreement, Repossession

Depressed Property Values & Valueless Liens

By Cathy Moran

Filing bankruptcy to eliminate an underwater lien is perfectly acceptable, says the 9th Circuit Bankruptcy Appellate Panel. Whew! Sometimes the wave of hostility to debtors that resulted in bankruptcy “reform” in 2005 seems to continue to poison judicial attitudes toward my clients. The Lepe decision is refreshingly different and supportive. And provides a window of […]

Filed Under: Real property & mortgages

  • « Previous Page
  • 1
  • …
  • 60
  • 61
  • 62
  • 63
  • 64
  • …
  • 71
  • Next Page »
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

More Posts from this Category

643 Bair Island Road
Suite 403
Redwood City, CA 94063
Phone: (650) 694-4700
Phone: (650) 368-4700

Categories

All content copyright © Moran Law Group. All rights reserved.