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Can you file bankruptcy tomorrow?

By Cathy Moran

Most people clearly have little sense of how long it takes to file bankruptcy. Proof is what happened Monday: there’s an email the morning’s inbox from a client whom I first met weeks ago. He tells me they want to file before Wednesday’s mediation in state court! I have no creditor information, representation agreement, money, […]

Filed Under: Consumer Rights, You & your lawyer

California’s Good Deed: Passing Real Property At Death

By Cathy Moran

property upon death

The horror stories about do-it-yourself estate planning are both plentiful and tragic. Between the fear of probate and the fear of legal fees, inventive people invent inexpensive strategies for passing property to the next generation. Adding someone to the deed is the most common one I see. It works like this: in order to see […]

Filed Under: Strictly California Tagged With: 2017, estate planning

The Kind of Person Who Files Bankruptcy

By Cathy Moran

who files bankruptcy

You’d think the person who files bankruptcy is some alien fraudster, to listen to my clients. This is last place I ever expected to be, says the client sitting in my bankruptcy office.  I hear that probably twice a week. Or, the client assures me:  I’m not the kind of person who doesn’t pay their […]

Filed Under: Considering Bankruptcy, True Stories

Who Profits When Money Trouble Is Shameful?

By Cathy Moran

money troubles taboo

Talking about our financial troubles is taboo in this society. In fact, we are more willing to talk about our sex lives than our money troubles. We lionize those who make a fortune.  Everyone expects to live the middle class life. It becomes easy to think that something is wrong with you if you aren’t […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: debt settlement

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: Consumer Rights Tagged With: 2021, collection, judgment, lawsuit

What The Fool Got Wrong About Filing Bankruptcy

By Cathy Moran

should I file bankruptcy

The famous poem begins, “how do I love thee? let me count the ways”. But what if it’s not love that we are counting, but loathing? Let me count the ways I loathe the Motley Fool’s article asking should I file bankruptcy? The Fool’s underlying assumption is that people in debt flock to bankruptcy as […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: 2018, should I file

The Tortoise Is The Mascot Of Retirement Savings

By Cathy Moran

Every campaign needs a logo. Make the logo of your retirement planning a turtle, rampant. Rampant, you say?  Turtle? In the Middle Ages, knights put their ID’s on their shields in  elaborate heraldry that told bystanders who he was, what his birth order was, and which side of the blanket he was born on. Heraldry featured animals, […]

Filed Under: Consumer Rights, Featured Tagged With: asset protection, exemptions, retirement

Get The Most From Meeting With A Bankruptcy Lawyer

By Cathy Moran

documents

To get the most out of a consultation with a bankruptcy lawyer, you need to come with some basic information and an idea about your goals for a possible bankruptcy filing. After all, you want to know how your situation lines up with the available bankruptcy relief. Every bankruptcy lawyer is different and each one […]

Filed Under: Featured, You & your lawyer Tagged With: consultation, lawyer, meeting

7 Principles of California Community Property

By Cathy Moran

community property

Baffled by California community property? Think it makes you personally liable for the debts of your spouse? Lots of people do. But it doesn’t. California has been a community property state since it became a state in 1850. You would think we’d have gotten the hang of it long ago. But the community property system […]

Filed Under: Strictly California Tagged With: community property, debts of spouse

Do California Seniors Need to File Bankruptcy?

By Cathy Moran

California, it turns out, is a great place to retire. Not because of the cost of living, certainly. It’s great in spite of the cost of living. Because California exemptions are very generous to those of retirement age. Those exemptions effectively make many indebted seniors collection-proof. Bankruptcy for those seniors may seem unnecessary. How exemptions protect […]

Filed Under: Considering Bankruptcy, Strictly California Tagged With: California, elders, estate

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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

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. The struggle often seems Herculean. Sometimes, they will tell me they don't want to include their car loan in the case because they "need the car". Sometimes I find the … Read more

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