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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

You Keep Underwater Property in Bankruptcy

By Cathy Moran

underwater real estate

Good news or bad news, the bankruptcy trustee doesn’t want your underwater property. Trustees only want the good stuff, the assets that generate cash to pay creditors. That doesn’t include real estate where the debt is on par with the property’s fair market value. Will we have to sell? My clients this week own a […]

Filed Under: Real property & mortgages

Vince Lombardi Is To Blame

By Cathy Moran

win-lose

Ever feel like you’re battling your mortgage lender for your life?  Or the life of your home? The unfairness and irrationality of mortgage servicing makes it easy to see the fight as one for your self worth.  Who is comfortable being a victim of incompetent and indifferent institutions toying with your life? I’m equally indignant. […]

Filed Under: Pondering, Real property & mortgages Tagged With: 2016, home loan

Before You List Your Home For Sale: The Essential First Task

By Cathy Moran

Selling your home?   A letter to the servicer of your mortgage. You want full disclosure of what charges, fees, expenses and other “stuff” they want to collect from you when your sale closes. For all you know, they’ve stuffed your loan full of fees, not authorized by law or agreement, that pad their bottom […]

Filed Under: Real property & mortgages Tagged With: 2017, mortgage servicing

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

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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 You Left Out Of Your Bankruptcy Schedules

One of the first questions a bankruptcy trustee will ask you at the hearing in your bankruptcy case is:  did you read the schedules before you signed them? The obvious, and expected, answer is YES. And if your answer is "yes", then the trustee can conclude that you stand behind the information that the … Read more

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