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Bankruptcy Alphabet: M Is For Modify

By Cathy Moran

M is for Modify in my Bankruptcy Alphabet. The Bankruptcy Code provides that a borrower can modify the terms of some secured debts, like car loans, judgment liens, and some mortgages. And in the midst of the current pandemic mess, the automatic stay can prevent foreclosure while a homeowner seeks a mortgage modification on their […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Cramming Down Mortgage Liens: The Plot Thickens

By Cathy Moran

cutting mortgage to size

Can you afford to cram down a mortgage when cram down is permitted? Mortgages on a debtor’s home are protected from cram down in Chapter 13 by 1322(b)(2). Mortgages on any other kind of real estate can be reduced to the value at filing of the collateral securing the debt as of the date of […]

Filed Under: How bankruptcy works, Real property & mortgages

Financial education program worthwhile

By Cathy Moran

Stand by:  I’m going to say something nice about BAPCPA, the bankruptcy “reform” law of 2005.  The debtor education requirement that is a condition of getting a discharge is a good idea.  Just this week, two clients have reported that they learned useful stuff from the required program. Filing bankruptcy is a teachable moment for […]

Filed Under: How bankruptcy works

Another voice in the savings chorus

By Cathy Moran

saving in Chapter 13

I am not alone! A Wisconsin judge allowed Chapter 7 debtors to contribute to retirement savings in the face of a means test challenge claiming savings was an abuse of the bankruptcy system. Hurray! Another in the small band of those touting savings. In the Mravik case, the debtor’s Chapter 7 means test, which does […]

Filed Under: How bankruptcy works

Cash collateral in consumer cases

By Cathy Moran

It works like this: a creditor with a lien on income producing assets has a lien on the cash that asset produces as well. But you don’t have to have a traditional business to have cash collateral, and the duties it brings, in a bankruptcy reorganization. Rents are cash collateral The issue usually arises with […]

Filed Under: How bankruptcy works

Bankruptcy improves your credit score

By Cathy Moran

To a distressing extent, people in dire financial straits still worry that escaping overwhelming debt via bankruptcy will destroy their credit score. This article in Smart Money shows why filing bankruptcy can improve the debtor’s credit score and offers tips to get the most improvement following bankruptcy. While I resist the growing importance of credit […]

Filed Under: How bankruptcy works, Life after bankruptcy

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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

When Can I File Bankruptcy Again

Remember the old high school cheer:  two, four, six, eight, who do we appreciate? Turns out, that's not just a cheer, it's shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here's how it … Read more

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