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Make Sure Your Mortgage Is Current At Bankruptcy’s End

By Cathy Moran

mortgage maze

What do you really owe on your home mortgage when you get to the end of your Chapter 13 case? For years, homeowners couldn’t tell where they were or how to get answers. But with the recent changes to bankruptcy rules, you don’t have to wonder where you stand with your mortgage lender. Starting December […]

Filed Under: Real property & mortgages Tagged With: 2016, chapter 13 mortgage

The Judgment Lien That Escaped Your Bankruptcy

By Cathy Moran

forgotten lien

What do you do when you discover old judgment liens on your home long after you filed bankruptcy? Your bankruptcy case is closed. You’re recovering nicely. Then you find there’s a judgment lien on your house from before your bankruptcy that you didn’t know about. And the law says that liens survive a bankruptcy case, […]

Filed Under: Real property & mortgages

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

By Cathy Moran

keep the house

You filed filed Chapter 13 bankruptcy to keep your house and stop 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.  […]

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

No House, No Discharge When Chapter 13 Goes Off Script

By Cathy Moran

Chapter 13 alarm

Sound the alarm. Chapter 13 bankruptcy cases are getting dismissed right and left when debtors fail to make mortgage payments. What began as a trickle of Chapter 13 cases ending badly has become a torrent. More and more, bankruptcy judges are strictly enforcing the direct pay term of Chapter 13 plans. If your plan says […]

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

It Takes More Than Bankruptcy To Save Your House

By Cathy Moran

California homestead

Protecting your house from foreclosure ranks high on the list of reasons people file Chapter 13. The automatic stay stops foreclosures; Chapter 13 gives you time to fix the problem. Powerful stuff. But the stay and more time, alone, aren’t enough to save the day if you run afoul of other rules, written and unwritten, […]

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

Don’t Fall For Your Mortgage Lender’s Insurance

By Cathy Moran

lender home insurance

If the mortgage company provides your property insurance, you are not in good hands. No matter how much time it saves you. Your lender is not a good neighbor when it comes to insurance. When your home insurance lapses Somehow my client let her homeowners insurance lapse.  She wasn’t worried about it, she told me, […]

Filed Under: Real property & mortgages Tagged With: force-placed insurance, homeowners insurance

Get real information about what’s happening with your mortgage loan payments

By Cathy Moran

What have they been doing with my mortgage payments? The client has been making a mortgage payment according to the HAMP formula for almost 18 months of her Chapter 13. Yet without a 1098 form, her very capable tax preparer told her she couldn’t deduct mortgage interest on her tax return. Never fear. We have a new […]

Filed Under: Real property & mortgages, Taxes Tagged With: loan payments, QWR, request for information

The Thousands That Sat In Mortgage Suspense Account

By Cathy Moran

suspense balance

Sharp eyes on the part of the debtor spotted the unapplied suspense balance, and diligence on the part of his attorney, saved one homeowner $27,000. Mortgage payments during Chapter 13 During his Chapter 13 case, the borrower continued to make monthly payments on his mortgage. But the loan servicer for Bank of America dumped payments […]

Filed Under: Real property & mortgages Tagged With: 2022, mortgage servicing, Reg. Z, suspense balance

Bankruptcy Alphabet: H is for House

By Cathy Moran

In my bankruptcy alphabet, H is for house. Can I keep my house if I file bankruptcy, anxious homeowners ask. In most cases, my answer is “yes”. Should you keep the house is another question. Houses are vulnerable in bankruptcy only if there is significant equity above the total of the mortgage payoffs and delinquent […]

Filed Under: ABC's of bankruptcy, Real property & mortgages

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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

The Biggest Lie About Bankruptcy

Read anything about Chapter 7 and you get, "Your possessions are sold in Chapter 7 bankruptcy." That is, flat out, the biggest lie about bankruptcy. It's a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off from getting relief from debts they … Read more

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