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No More Repossession Threat If Exemption Bill Passes

By Cathy Moran

What Congress took away ten years ago, the California legislature may give back if SB 308 becomes law. When the Bankruptcy Code was amended in 2005, Congress gifted the car finance industry with a plum:  those who filed bankruptcy could no longer make their car payments  after bankruptcy and count on keeping their cars. Instead debtors were […]

Filed Under: Strictly California

California Foreclosure Law Streamlined By Amendment

By Cathy Moran

foreclosure sale in California

California foreclosure law now permits a sale date to be set before the reinstatement period has run, under a new provision to the Civil Code. An amendment effective January 1, 2011 allows the trustee under the deed of trust to record the notice of sale up to five days before the 90 day cure period […]

Filed Under: Real property & mortgages, Strictly California

No Recourse for Junior Lien in Short Sale

By Cathy Moran

Junior lenders who consent to a short sale of underwater homes are barred from seeking to collect anything further from sellers under a newly enacted California statute. The law, signed on July 15, 2011, becomes effective immediately. It applies to properties, held by individuals, comprising 1-4 residential units.  Senate Bill 458 accords the same restrictions […]

Filed Under: Developing law, Strictly California

How Long Til Foreclosure?

By Cathy Moran

time til foreclosure

Everyone who has made the painful decision to let an unaffordable house go to foreclosure wants to know: how long before they have to get out. While the statutory foreclosure process in California , on paper, takes a little more than 4 months, if the the creditor is perfectly efficient, creditors aren’t perfectly efficient. In […]

Filed Under: Real property & mortgages, Strictly California Tagged With: California, default, foreclosure, sale

California addresses foreclosure crisis

By Cathy Moran

California’s legislature passed changes to state foreclosure law that attempts to require dialog between an unpaid mortgage lender and a homeowner facing loss of his home. SB1137 adds a requirement that the parties meet and discuss options to foreclosure before a notice of default can be recorded. Lenders must advise the debtor of the availability […]

Filed Under: Strictly California

Bay Area credit card debt

By Cathy Moran

The changes to credit card billing practices proposed by the FRB are welcome, but just scratch the surface of the crushing quality of credit card debt. My sense, talking to financially stressed people day after day, is that credit cards have merely postponed for many Bay Area residents the recognition that they cannot live a […]

Filed Under: Strictly California

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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 on how I think law should work for the consumer and small businesses when it comes to debt.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Speak Fluent Bankruptcy: Guide To Essential Bankruptcy Terms

Bankruptcy has its own language.  If you are considering filing bankruptcy, it helps to know the language spoken there. Master just a couple of words and phrases, and input from a bankruptcy lawyer starts to make sense. So, in our continuing campaign for better understanding of bankruptcy, here's a dozen … Read more

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