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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, How bankruptcy works Tagged With: 2016

Sloppy Mortgage Servicers Prey On Borrowers

By Cathy Moran

banks behaving badly

  Given the way they behave, you’d think mortgage servicers actually flew a pirate flag over their operations. They cash your check for the mortgage payment, then who knows what they do with it and what they credit it to. Outside of bankruptcy, screw ups in handling your payments are a breach of the contract […]

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

Chapter 13 Discharges HOA Debt

By Cathy Moran

HOA debt discharged

Condo fees that come due after a Chapter 13 bankruptcy is filed are discharged at the conclusion of the case. In a victory for condo owners, the 9th Circuit Court of Appeals ruled that the more expansive Chapter 13 discharge trumped a bankruptcy statute sticking condo owners with the fees. Or really, this is a […]

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

Tax Deductions Hidden In Chapter 13

By Cathy Moran

tax deductions bankruptcy

Don’t miss the tax deductions hiding in your Chapter 13 bankruptcy. 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. Don’t miss out on those deductions. Tax deductions in bankruptcy Let’s look at some […]

Filed Under: Chapter 13, Consumer Rights, Taxes

$7000 Off The Price Of The Car In Chapter 13

By Cathy Moran

car loan in 13

How would you like to reduce your car payment, by lots? In a recent case, Chapter 13 allowed my client to save $7000 off the loan balance based on an examination of the car finance contract. You couldn’t see the issue from the monthly statement. When I got the finance agreement itself, I found the […]

Filed Under: Chapter 13, How bankruptcy works, True Stories Tagged With: 2018

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

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

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

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

Does Bankruptcy Bar Retirement Savings?

By Cathy Moran

retirement contributions

Ongoing retirement saving by Chapter 13 debtors has been a touchy subject since the means test became a part of the bankruptcy scene. The means test was intended to squeeze every available dollar from consumer debtors. It works by limiting the expenses that can be deducted from income in figuring what a debtor can/must pay […]

Filed Under: Chapter 13, Developing law, Featured Tagged With: 2020, means test, retirement

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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

What You Left Out Of Your Bankruptcy Schedules

One of the first questions a bankruptcy trustee will ask you at the hearing in your bankruptcy case is:  did you read the schedules before you signed them? The obvious, and expected, answer is YES. And if your answer is "yes", then the trustee can conclude that you stand behind the information that the … Read more

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