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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

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

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 Chapter 13 Saves You Money

By Cathy Moran

chapter 13

Why should I file Chapter 13  if I have to pay all my creditors in full? Because, I said, even a 100% repayment plan under Chapter 13 saves you money. This client had a fistful of equity in a home;  that equity made a Chapter 13 the required choice of chapter for the man. But […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: 2019, credit card interest

Chapter 13 To The Rescue In Ruinous Business Lawsuit

By Cathy Moran

rescued

Twice in the last six months, Chapter 13 bankruptcy has saved clients facing catastrophic lawsuits arising out of business. And because the targets of these lawsuits filed bankruptcy before they’d spent a fortune on lawyers and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits. We […]

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

Who Gets A Slice Of The Bankruptcy Pie?

By Cathy Moran

“That woman filed a claim in our bankruptcy case, and we don’t owe her any money!” The next line, or paragraph really, of my client’s email asked what was I, her bankruptcy lawyer, going to do about it. The short answer was nothing. Nada. Not a thing. I didn’t plan to do anything. Because when […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: chapter 13 claims, creditor claims, object to claim, pot plan

Why I Love Chapter 13

By Cathy Moran

13 reasons to love Chapter 13

How do I love thee, Chapter 13? Let me count the ways. Hang on, because it’s a long list.  Thirteen reasons Chapter 13 rocks. I love Chapter 13 because: 1.    Debtors keep control of their assets. They run their businesses. There is no trustee tasked to sell  their assets. 2.    Repayment to creditors […]

Filed Under: Chapter 13, Featured Tagged With: 2016

Chapter 13 Bankruptcy Disrupted by Coronavirus

By Cathy Moran

chapter 13 case

Has your Chapter 13 bankruptcy case been turned upside down by coronavirus? You are not alone. And attorneys, trustees and judges are all working on adaptations and adjustments that will save pending cases. Practices and procedures in Chapter 13 vary widely around the country.  What follows is what I see here in the Bay Area […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2020, covid-19

Chapter 13 Dismissed After All Payments Are Made: Self Inflicted Wounds

By Cathy Moran

Debtors shoot themselves

There’s been a rash of bullet-ridden feet lately in Chapter 13 cases. Debtors seem to whip out their pistols and shoot themselves in the foot with increasing regularity. Just when their goal of keeping the house was within reach, had they paid attention, they lose it all. It happens when debtors don’t hold up their […]

Filed Under: Chapter 13, Featured Tagged With: california bankruptcy, chapter 13

At Risk of Repossession? How To Keep The Car & Pay Less

By Cathy Moran

car repossession

If you are one of the  7 million Americans late on your car payments and living in fear that your car will be repossessed, consider how Chapter 13 bankruptcy can save your wheels. Losing your car can accelerate a torrent of nasty financial consequences. No car, no way to work. No work, no income. So, […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2019, car loan, Chapter 13 car, Repossession

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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

How To Pay For Bankruptcy When You’re Flat Broke

One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you're smart, an experienced lawyer to make sure … Read more

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