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Chapter 13: Know Who Gets Paid First Under Your Plan

By Cathy Moran

Who gets paid in Chapter 13, and in what order, makes a huge different when charting your course. Sometimes, we must realize that reality exists outside of television shows. And when real-world reality hits some debtors, it’s a trainwreck. It comes up for me when Chapter 13 clients and I sit down to write the […]

Filed Under: Chapter 13, How bankruptcy works

Tax Deductions Hidden In Chapter 13

By Cathy Moran

tax deductions bankruptcy

Don’t miss the tax deductions hiding in your Chapter 13 plan payments. The same, very important debts that your Chapter 13 plan pays are often tax deductible. And you are still the person who’s paying, even if the trustee writes the check. Deductions in bankruptcy Let’s look at some common deductions lurking in the Chapter […]

Filed Under: Chapter 13, Featured, Taxes

How Chapter 13 Cuts Car Loan Down To Size

By Cathy Moran

Car lenders who make new car loans with an underwater trade-in will face the music in Chapter 13. The Supreme Court declined to review a 9th Circuit decision that stripped car loans of their protected specially protected status in bankruptcy; as a result, Californians will continue to benefit from the debtor-friendly decision in Penrod, rising out of […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: car loan, chapter 13, underwater trade in

How To Save Your House With Chapter 13 Bankruptcy

By Cathy Moran

California homestead

Saving your house ranks high on the list of reasons people file Chapter 13. The automatic stay stops foreclosures; Chapter 13 gives you time to fix the problem. Powerful stuff. But the stay and more time, alone, aren’t enough to save the day if you run afoul of other rules, written and unwritten, about homeownership […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2018

What You Think About Chapter 13 Is Dead Wrong

By Cathy Moran

bankruptcy misunderstanding

The difference between bankruptcy’s Chapter 7 and Chapter 13 is often expressed this way:    Chapter 7 is a liquidation proceeding Chapter 13 is a repayment plan And therein lies the biggest misconception about Chapter 13:  13 does not necessarily repay everything you owe. It’s a repayment plan alright, but not necessarily a 100% repayment . […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2018

Chapter 13 Keeps You In Control

By Cathy Moran

steering your financial course

You can’t decide between bankruptcy chapters until you really understand how Chapter 13 works to keep you in control.   Control of your assets, control of your payment plan, control of who gets paid. You want to be at the helm of your case.  Chapter 13 can do that. Chapter 13 protects more than assets Chapter […]

Filed Under: Chapter 13, Featured Tagged With: 2016

Pay Off Credit Cards At Zero Percent

By Cathy Moran

I’ve got news for you: There’s a government program that lets you pay the balance on your credit card without interest and owe nothing more. Sound like one of those snarky radio ads? This one’s legit. Meet Chapter 13. Credit card interest is the killer Here’s the refrain I hear from clients, over and over. I […]

Filed Under: Chapter 13, Consumer Rights

The Zero Interest Get-Out-Of-Debt Tool: Bankruptcy For The Solvent

By Cathy Moran

chapter 13 rescue

Once again, Chapter 13 rescued a client. He’ll get out of debt and pay off credit cards with no interest going forward. So many people tell me they could pay off the credit card balance if it wasn’t for the high interest. This client owned a home, had a job, and was solvent on paper, but […]

Filed Under: Chapter 13, How bankruptcy works, True Stories Tagged With: 2016, homestead

How 13 Works To Save Your House From Foreclosure

By Cathy Moran

save house

Saving a house from foreclosure is the single reason most people file bankruptcy. Bankruptcy stops foreclosure- that’s a given. But then what? How can bankruptcy save the house from foreclosure,  rather than just putting off the inevitable loss? After all, the mortgage lender has a lien on the house, and liens aren’t discharged in bankruptcy. […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2017

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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 on how I think law should work for the consumer and small businesses when it comes to debt.

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

How Bankruptcy Works

High Income Earners Pass Bankruptcy’s Means Test

ALERT:   Being above the median income on the means test is not an automatic bar to filing bankruptcy I'm so used to railing against deliberate campaigns of misinformation about bankruptcy that I forget that there's a lot of innocent ignorance out there. Start with "qualifying" for bankruptcy. A very … Read more

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