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Bankruptcy Alphabet: Q is for Questions

By Cathy Moran

Bankruptcy Alphabet Q is for Questions

  The letter Q stands for Questions in my bankruptcy alphabet. Like the storied Light Brigade, “stormed at with shot and shell” , we in bankruptcy are peppered with questions, not cannons. Those considering bankruptcy have the profound questions:will bankruptcy improve my situation? what will I give up to get a bankruptcy discharge? what is life […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Free Bankruptcy Advice: Consider The Source

By Cathy Moran

Who gets their legal advice from their adversary? My client did. Get your legal advice from your adversary, your brother in law, or the internet and be prepared to get a surprise.  Often, not a pleasant surprise. My client insisted that his tenant’s debt to him survived the tenant’s bankruptcy “because it was listed on Schedule […]

Filed Under: Consumer Rights, True Stories

Incorporating Your Business Has Surprise Benefit

By Cathy Moran

incorporation protects

Incorporate to protect yourself from the debts of your  business, shriek the ads. That’s the theory of incorporation for business:  create a separate legal entity in the form of the corporation. Let that entity incur debt and expose itself to other risks.  If it fails, the personal holdings of the owners of the corporation are […]

Filed Under: Consumer Rights, Small business

V Is For Value In Bankruptcy Alphabet

By Cathy Moran

Bankrutpcy Alphabet: V is for Value

  The Letter V is for Value in my bankruptcy alphabet. The value of one’s assets drives exemptions and the question of what you get to keep through bankruptcy. The value of  your assets that are subject to liens also determines whether you can void liens on those assets. I’m fond of saying that bankruptcy […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Keep Your Tax Refund Through Your Bankruptcy

By Cathy Moran

keep tax refund

For most of us, finding out that we are getting a sizable tax refund is great news. But if you’ve recently filed a Chapter 7 bankruptcy, hold your celebration. That refund may not be yours. You have a bankruptcy estate When you file bankruptcy, all of your assets become a “bankruptcy estate”.  The estate includes […]

Filed Under: Featured, Taxes

Got A 1099? How To Avoid Paying More Tax

By Cathy Moran

insolvent for tax purposes

One of life’s persistent gotcha’s is the tax consequence of having debt forgiven. Did you compromise a debt, eliminate it upon foreclosure, or have your creditor simply wipe it out without payment. You may have a tax problem. The tax code treats the forgiveness of debt as income, even though you never saw a penny […]

Filed Under: Featured, Taxes Tagged With: cancellation, tax

Old Tax Liability Discharged In Bankruptcy, If….

By Cathy Moran

Discharging tax debt in bankruptcy gets lots of families out of a horrible hole. Tax debt can be large and swelled beyond the tax by interest and penalties.   Collection on old tax debt often compromises the ability to stay current on more recent years. Bankruptcy can save their bacon because taxes found on returns […]

Filed Under: Consumer Rights, Taxes, True Stories

Best New Bankruptcy Insights Of 2019

By Cathy Moran

best of 2019

As we wave goodbye to 2019, we asked what issues grabbed you in 2019? Or, at least, what bankruptcy issues caught your attention? So, we tallied the traffic numbers from this calendar year and assembled this list of the top 10 new posts here on Bankruptcy Soapbox in 2019. Take a look, and see if […]

Filed Under: Featured Tagged With: 2019

2019 Reader Favorites From Bankruptcy Soapbox

By Cathy Moran

top bankruptcy posts 2021

It’s always fun to see which posts spoke to readers of Bankruptcy Soapbox during the year. There’s lots to choose from.  After all, we touch on law, personal finance, small business issues, and some just basic matters of operating in this economy. Here, starting with number 10, and working up to your favorite post, are […]

Filed Under: Featured Tagged With: 2019

Retirement Nest Egg: Ostrich Egg Or Quail Egg?

By Cathy Moran

retirement nest egg

Will my retirement nest egg be enough to live comfortably when I’m done working? Living will be slow and my needs will be simple. I look at the growth in my retirement savings, the cost of “things”,  and my life expectancy, and wonder if my savings are sufficient to buy what I’ll need. But, turns out, the analysis is far […]

Filed Under: Consumer Rights Tagged With: 2016

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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

Everyone gets $1M + bankruptcy exemption

Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It's part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA's and Roth IRA's that are funded with after-tax dollars. … Read more

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