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About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Debt Collection Breakthrough Protection

By Cathy Moran

lawsuit on old debt

The new rule defines attempts to collect a time-barred debt a false or deceptive practice, forbidden to debt collectors. The new prohibition becomes effective November 30, 2021 when amendments to the rules associated with the federal Fair Debt Collection Practices Act become law. New rule applies to debt collectors Importantly, the FDCPA applies only to […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2020, debt collection

How Many Collection Calls Is Too Many

By Cathy Moran

collection calls

The CFPB has answered the burning question of how many collection calls is too many. Starting November 30, 2021, seven calls within seven consecutive days is the limit. More collection calls than that constitutes prohibited harassing conduct. And harassing conduct violates the Fair Debt Collection Act. Remember that the FDCPA governs the conduct of debt […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2021, debt collection, FDCPA

The Secret Bankruptcy Discharge For Community Property

By Cathy Moran Leave a Comment

Psst! Let me tell you a secret about bankruptcy law. You can get 3/4 of the benefits of a bankruptcy discharge without ever going near a bankruptcy court if you are a married person in California, or any other community property state. If your spouse files bankruptcy and you don’t join in, you still reap much […]

Filed Under: Strictly California

7 Essentials For Better Results From Filing Bankruptcy

By Cathy Moran

before filing bankruptcy

Plan before filing bankruptcy and you get better, more certain relief. Even if you’re not quite sure that you’re ready to take the bankruptcy plunge, scout the bankruptcy territory. Take some time to learn the rules and explore ways to maximize the relief available in bankruptcy. If you don’t plan ahead and just rush into […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2021, means test

Facing Foreclosure, You Need A Plan B

By Cathy Moran

stop foreclosure

Bankruptcy stops foreclosures, with certainty. It’s the surefire defense to a scheduled foreclosure sale. Then why do homeowners keep waiting til the day before the sale to find a bankruptcy lawyer? Most of the other ways to stop a foreclosure sale require either gobs of money or an agreement with the existing lender or a […]

Filed Under: Real property & mortgages

Five Ways To Bankruptcy Proof Your Divorce

By Cathy Moran

No matter how prejudicial or unfair, a Chapter 13 discharge will relieve a former spouse of obligations of all obligations to their ex except for support. It’s too late to protect your hard won rights to non support payments once the bankruptcy is filed. Let’s look at how ex spouses are vulnerable to a bankruptcy discharge. Then […]

Filed Under: Consumer Rights, Family Law Tagged With: divorce

Does My Bankruptcy Lawyer Need To Be From My City?

By Cathy Moran

find local bankruptcy lawyer

If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but “local” means active before the judges in the federal judicial district where you live. It doesn’t mean having an office around […]

Filed Under: How bankruptcy works, You & your lawyer

Are You Better Off With Bankruptcy?

By Cathy Moran Leave a Comment

Bankruptcy trends meaningless

Who cares whether bankruptcy filings are up or down? Bankruptcy professionals, certainly. Economists, probably. But if it’s you and your checkbook, you take little comfort that lots of others are filing.  Nor, when everyone else seems to be making it OK  while you flounder, are you reassured. My friend Wendell Sherk is right about bankruptcy […]

Filed Under: Considering Bankruptcy, Consumer Rights, Pondering

Danger In Delaying Division of Property In CA Divorce

By Cathy Moran

dividing assets at divorce

Delay dividing property in your California divorce and a bankruptcy filing may cost you any shred of control over the division. All it takes is for your ex-spouse to file bankruptcy, and all the assets and the debts of the marriage become entangled in a bankruptcy case. Understand California community property That’s because your assets […]

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. 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

Does My Bankruptcy Lawyer Need To Be From My City?

If you're inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but "local" means active before the judges in the federal judicial district where you live. It doesn't mean having an … Read more

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