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Lien Stripping Works Without A Bankruptcy Discharge

By Cathy Moran

The waiting and uncertainty is over.  The judges have decided. Chapter 13 debtors can void underwater junior liens even if they aren’t eligible for a bankruptcy discharge in the Chapter 13 case. So says the 9th Circuit Court of Appeals in a case called Blendheim, decided October 1. And so, a myriad of Chapter 20 debtors […]

Filed Under: Chapter 13, Featured, Real property & mortgages

No Discharge Chapter 13 Effective To Strip Lien

By Cathy Moran

The wait is over; the decision is in. Homeowners in the 9th Circuit can strip off underwater mortgages in Chapter 13 cases even when they aren’t entitled to a bankruptcy discharge, the 9th Circuit BAP has held. Thus, courts have taken another step in the building consensus that the debtor doesn’t have to be eligible […]

Filed Under: Chapter 13

The Most Important Bankruptcy Decision Of 2013

By Cathy Moran

  A bankruptcy case nominally about  travel trailers, ATV’s, and a car for a an adult child gets my vote as the most important bankruptcy decision of 2013 for Californians. When the 9th Circuit decided Welsh, it told us, and Chapter 13 trustees, that you take your Chapter 13 debtors as you find them. If you […]

Filed Under: Chapter 13, How bankruptcy works

What T-Boz Missed When Chapter 13 Dismissed

By Cathy Moran

      T-Boz Watkins got her Chapter 13 case tossed out of court for not following the rules of Chapter 13 bankruptcy. While Jay Fleischman at ConsumerHelpCentral laid down the law, so to speak, in listing the rules, he didn’t remind us why they are worth following. Chapter 13 bankruptcy: better than sliced bread […]

Filed Under: Chapter 13, How bankruptcy works

“Chapter 20” Lives in Northern California Bankruptcy Courts

By Cathy Moran

Debtors with a Chapter 7 discharge too recently to get a discharge in a subsequent Chapter 13 can strip off underwater mortgage liens under a decision issued by Judge Edward Jellen in the Oakland division. This has been a simmering issue, since the guidelines issued by the judges in the Northern District of California include […]

Filed Under: Chapter 13, Developing law

Chapter 13 debt limits double for couples

By Cathy Moran

Each debtor in a Chapter 13 was entitled to debts within the debt ceilings for Chapter 13 eligibility according to a recent bankruptcy decision out of Kansas called Dana Werts. That effectively doubled the amount of debt a married couple could have and still meet the debt limits of Chapter 13. [Since this decision, Chapter 13 […]

Filed Under: Chapter 13

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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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