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When Is The Time Right To File Bankruptcy

By Cathy Moran

time to file bankruptcy

Just like stand-up comedy and batting in baseball, filing bankruptcy is all about timing. Timing your bankruptcy filing is no different. File bankruptcy too early, or too late, and you risk losing assets or advantages that better timing could have assured. Admittedly, you don’t always have the luxury of filing bankruptcy on your own schedule. […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2020, when to file bankruptcy

Debt Is Nothing To Shrug Off

By Cathy Moran

too much debt

When this site was young,  U.S. Armed Services disclosed that a significant number of service personnel could not be deployed overseas because they had too much debt. The military said that excessive debt both distracts from job performance and makes the G.I. vulnerable to corruption. It’s the same for the rest of us and it’s […]

Filed Under: Featured Tagged With: fresh start

Life And Death of Debt In California

By Cathy Moran

statute of limitations on debt

CPR has its place when human life is involved. Human life is precious. But when what’s dying is the legal right to collect a debt?   Not so fast. You don’t want to breathe new life into an old debt that is legally dead. Yet you can do that, unintentionally reviving a debt that is legally […]

Filed Under: Debt Collection Rights, Featured Tagged With: 2018

What If You Ignore That Lawsuit Against You

By Cathy Moran

ignore lawsuit

How do you ignore a lawsuit and expect a good outcome? Yet twice in the past few months, individuals have come to me with judgments already entered against them. That’s not noteworthy; after all, I’m a bankruptcy lawyer. We deal with unpaid judgments. But both of these men explained the situation this way: the claims […]

Filed Under: Featured Tagged With: 2021, collection, judgment, lawsuit

What You Left Out Of Your Bankruptcy Schedules

By Cathy Moran

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 schedules […]

Filed Under: How bankruptcy works Tagged With: bankruptcy hearing, bankruptcy papers

Save The House Even AFTER The Foreclosure Sale

By Cathy Moran

after foreclosure

The fall of the hammer at the foreclosure sale threatened to leave my widowed client homeless and poorer by hundreds of thousands of dollars. Instead, we recovered her house from the foreclosure sale under new California law which delays the finality of the change of title. She had rights after foreclosure. The prompt filing of […]

Filed Under: Featured Tagged With: 2023, California, chapter 13, foreclosure

When You Can’t Pay The EIDL Loan

By Cathy Moran

EDIL loan due

The COVID-era EIDL loans are coming due. But just because the pandemic is over doesn’t mean that business has returned to normal. Prepandemic, normal may have been difficult too. If yours is one of the many businesses can’t bear the additional stress of repaying EIDL loans, here’s what you need to know. What are EIDL […]

Filed Under: Featured, Small business Tagged With: 2023, COVID, EIDL, SBA

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

What Happens To Your Bank Account in Chapter 13

By Cathy Moran

chapter 13 bank account

Those considering filing a Chapter 13 bankruptcy worry about “what happens to my bank account?” Will the trustee take all the money? How do I pay my living expenses after I file? The short answer is: nothing changes. The account remains yours and available for all the expenses of day to day living. Because, in […]

Filed Under: Chapter 13, How bankruptcy works

The Secret Bankruptcy Discharge For Community Property

By Cathy Moran

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 Tagged With: discharge, non-filing spouse

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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

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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