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Sloppy Mortgage Servicers Prey On Borrowers

By Cathy Moran

banks behaving badly

  Given the way they behave, you’d think mortgage servicers actually flew a pirate flag over their operations. They cash your check for the mortgage payment, then who knows what they do with it and what they credit it to. Outside of bankruptcy, screw ups in handling your payments are a breach of the contract […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2017

What The Wild Things Teach Us About Bankruptcy

By Cathy Moran

bankruptcy fears overblown

I miss Maurice Sendak, the late author of children’s books. What does a book about a naughty child who adventures in a nighttime land of monsters have to do with being scared of bankruptcy? The last image in his signature book, Where The Wild Things Are, is my touchpiece for clients afraid to file bankruptcy. […]

Filed Under: Considering Bankruptcy, Consumer Rights

Bankruptcy Disclosure: Don’t Let Orange Be The New Black

By Cathy Moran

Bankruptcy crime-do time

How will anyone know? That’s the question clients ask about assets that they don’t want to disclose on their bankruptcy schedules. Clients are usually afraid of losing the property or of involving family and friends with the bankruptcy court.  They really just want to fly under the radar in their social circles. Why do we […]

Filed Under: Consumer Rights

Free Tax Preparation Offered In Bay Area

By Cathy Moran

free tax preparation

Households with an annual income of $54,000 or less can have their tax returns prepared for free through the Bay Area United Way’s Earn It, Keep It, Save It program. Earned Income Tax Credit The Earn It, Keep It, Save It campaign is particularly focused on enabling qualifying individuals and families to access this tax […]

Filed Under: Strictly California, Taxes Tagged With: 2018

Turned Down For A Bank Account? Fight Back

By Cathy Moran

bank account rejection

Turned down when you tried to open a bank account? We have a clue why. We all know the big three credit reporting agencies:  Experian, TransUnion, and Equifax. But if you’ve been turned down for a bank account, you need to meet the other players in this space:  the checking account screening companies. Certegy ChexSystems […]

Filed Under: Consumer Rights Tagged With: 2017

What’s Included In Bankruptcy?

By Cathy Moran

Snapshot of the day you file bankruptcy

People ask, all the time, what’s included in bankruptcy? Too often, people use “included” to mean “discharged”. That confuses what do you disclose in your schedules with what is discharged at the end of the case. The short answer to what is included on your paperwork is EVERYTHING, dischargeable or not. What goes in the […]

Filed Under: Consumer Rights

List It Or Lose It: Why It’s Critical To Tell All

By Cathy Moran

bankruptcy disclosure

It is vital to include everything in your bankruptcy list of assets. Transparency is the essential ingredient in bankruptcy. The name of the game is disclosure. In exchange for that full disclosure in your bankruptcy papers of assets , debts, and financial history, you get a discharge. Do it right, everyone with notice of your […]

Filed Under: How bankruptcy works Tagged With: 2017, bankruptcy papers

Right To Support When Your Ex Files Bankruptcy

By Cathy Moran

Outrage is the usual reaction when a former spouse with child support or alimony files bankruptcy. It reinforces all those less-than-flattering thoughts you harbor about your ex. But,maybe, that’s not the right reaction for two reasons, one old, one new. One is old: support debts can’t be wiped out in bankruptcy. The second reason is new: failure […]

Filed Under: Consumer Rights, Family Law

Debt Collectors Distort Law On Debts Of Spouses

By Cathy Moran

distorted law

Debt collectors claim you are personally liable for your spouse’s, debts. Or even for your ex-spouse’s debts. That’s a (convenient) lie. California community property law is complicated. I get it. It shouldn’t surprise me that debt collectors don’t understand community property. Or maybe, they find it inconvenient to understand.  Or maybe, they deliberately distort the […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: debts of marriage

Automatic Stay Has Exceptions: It Doesn’t Stop Everything

By Cathy Moran

bankruptcy stay

The automatic stay is the signature feature of American bankruptcy, but the stay has important exceptions. Just by filing a bankruptcy case, a federal court injunction instantly prohibits your creditors  from actions to collect a debt from you or your assets. But, there’s a whole list of actions that aren’t included in the stay.  We […]

Filed Under: How bankruptcy works Tagged With: 2018

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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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