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Bankruptcy Without A Discharge: Why Chapter 20 Works

By Cathy Moran

13 without discharge

What does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? Lots, actually. It’s complicated.  Powerful, but complicated. Let’s see how all the parts interact when your Chapter 13 is filed before you’re eligible for a discharge. Law limits discharge The bankruptcy code doesn’t limit when you can file bankruptcy;  it […]

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

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, chapter 13, foreclosure

Chapter 13 Eligibility Greatly Expanded And Simplified

By Cathy Moran

chapter 13 debt limits

Congress has just expanded and simplified eligibility for Chapter 13 by enacting new debt limits. This is big news and long-awaited. Upon the president’s signature on S. 3823 on June 21, 2022, Chapter 13 debtors can have up to $2.75M in debts and qualify for the streamlined reorganization offered by Chapter 13. The previous, two-part […]

Filed Under: Chapter 13, Featured Tagged With: 2022, chapter 13

Protecting Your Co signor When You Can’t Pay

By Cathy Moran

cosigned loans

Cosigning a loan links you and your cosignor together for the life of the debt. If you get in financial trouble, your troubles are your co signor’s troubles too. If you can’t pay your debts, the standard bankruptcy discharge will get rid of your debt, but it doesn’t help your co signor. Even while you […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2017

7 Keys To Keeping Your House: Chapter 13 After You File

By Cathy Moran

keep the house

Filing Chapter 13 bankruptcy stops the foreclosure.  You’ve protected your home, for the moment. Bankruptcy gets you a sheltered legal environment to address the problems with your mortgage. You heave a sigh of relief. But the fight to keep your house isn’t over, just because there’s a stay.  You’ve just gotten through the first round. […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2019, chapter 13, keep the house

Debt Limits Increase For Chapter 13 Bankruptcy

By Cathy Moran

bankruptcy debt limits

Debt limits to swell to $2.75M under new legislation Legislation signed in June, 2022 raised the debt cap in Chapter 13 to $2.75M without regard to whether the debt is secured or unsecured. In the Bay Area with its eyepopping mortgage balances, that will mean more families will be eligible to file Chapter 13. The […]

Filed Under: Chapter 13, Featured Tagged With: 2019, bankruptcy debt limits, chapter 13

How Much Is My Chapter 13 Payment

By Cathy Moran

chapter 13 payment

Intrigued by Chapter 13, but worried about how much your Chapter 13 payment might be? OK, let’s walk through what your payment must be by law and what you want that payment to cover to get a fresh start. Part of the power of Chapter 13 is that you write the plan, with the help […]

Filed Under: Chapter 13, How bankruptcy works

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, Featured

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

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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

What Happens To Your Bank Account in Chapter 13

Those considering filing a Chapter 13 bankruptcy worry about "what happens to my bank account?" Will the trustee take all the money? How do I pay my living expenses after I file? The short answer is: nothing changes. The account remains yours and available for all the expenses of day to day living. Because, … Read more

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