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Rant on realtors claiming to be a profession

By Cathy Moran

Or maybe this is just a continuing, disappointed sigh that this group, who tries to build a profession around selling houses, is itself oversold. Latest example arose where a homeowner was referred to me by his accountant, concerned about a pending short sale of the client’s home.  By our rough calculations, the short sale of […]

Filed Under: Real property & mortgages

Guilt & fear used to keep homeowners paying

By Cathy Moran

Susanne Robicsek’s post on the futility of keeping a home through bankruptcy brought to mind Professor Brent White’s paper on the use by government and financial counselors of fear and shame to keep people paying on mortgages on underwater homes. White cites a litany of messages from apparently credible sources who chant that a foreclosure […]

Filed Under: Real property & mortgages

Loan modification resources

By Cathy Moran

The good folks at the National Consumer Law Center have put together a page of links to various programs and procedures for troubled home loans. My colleague John Mlnarik has begun a discussion of the Obama Treasury programs announced earlier in  March on www.norcalmortgagemods.com. Now, we need the Senate to move on S. 61 and […]

Filed Under: Real property & mortgages

Sell first, litigate later

By Cathy Moran

Meeting with a client with Truth in Lending claims the other day reminded me about the power of the Bankruptcy Code to facilitate the sale of property subject to disputed liens while preserving the claims against a secured creditor. These clients had property they wanted to sell but the amount they owed the holder of […]

Filed Under: Real property & mortgages, Remodel

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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

Everyone gets $1M + bankruptcy exemption

Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It's part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA's and Roth IRA's that are funded with after-tax dollars. … Read more

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