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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

Chapter 13 Eligibility Greatly Expanded And Simplified

By Cathy Moran

chapter 13 debt limits

Congress has just expanded and simplified eligibility for Chapter 13 by enacting new debt limits. This is big news and long-awaited. Upon the president’s signature on S. 3823 on June 21, 2022, Chapter 13 debtors can have up to $2.75M in debts and qualify for the streamlined reorganization offered by Chapter 13. The previous, two-part […]

Filed Under: Chapter 13, Featured Tagged With: 2022, chapter 13

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

By Cathy Moran

keep the house

Filing Chapter 13 bankruptcy stops 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.  You’ve just gotten through the first round. […]

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

Debt Limits Increase For Chapter 13 Bankruptcy

By Cathy Moran

bankruptcy debt limits

Debt limits to swell to $2.75M under new legislation Legislation signed in June, 2022 raised the debt cap in Chapter 13 to $2.75M without regard to whether the debt is secured or unsecured. In the Bay Area with its eyepopping mortgage balances, that will mean more families will be eligible to file Chapter 13. The […]

Filed Under: Chapter 13, Featured Tagged With: 2019, bankruptcy debt limits, chapter 13

How Chapter 13 Cuts Car Loan Down To Size

By Cathy Moran

Car lenders who make new car loans with an underwater trade-in will face the music in Chapter 13. The Supreme Court declined to review a 9th Circuit decision that stripped car loans of their protected specially protected status in bankruptcy; as a result, Californians will continue to benefit from the debtor-friendly decision in Penrod, rising out of […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: car loan, chapter 13, underwater trade in

Chapter 13 Dismissed After All Payments Are Made: Self Inflicted Wounds

By Cathy Moran

Debtors shoot themselves

There’s been a rash of bullet-ridden feet lately in Chapter 13 cases. Debtors seem to whip out their pistols and shoot themselves in the foot with increasing regularity. Just when their goal of keeping the house was within reach, had they paid attention, they lose it all. It happens when debtors don’t hold up their […]

Filed Under: Chapter 13, Featured Tagged With: california bankruptcy, chapter 13

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

How To Pay For Bankruptcy When You’re Flat Broke

One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you're smart, an experienced lawyer to make sure … Read more

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