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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

The Parent School Loan

By Cathy Moran

parent loan

  Take a good look at the result of the parent loan for college. Tied up, captive, grimacing. That’s what my client’s situation looks like to me: Mid sixties Kids just graduated Parents liable for $250,000 in loans If college makes the life of the kids, it stands to ruin the lives of the parents. […]

Filed Under: Featured Tagged With: 2016

The Foreclosure That Was Longer Than War & Peace

By Cathy Moran

foreclosure timeline

How much time til foreclosure? Foreclosure is coming.  Whether by choice or circumstances, you know the bank will take the house. Should you start packing immediately? The way banks are currently operating, the answer is:  not yet, not soon, not for a long time. For one of my clients, the answer to how long was well more than […]

Filed Under: Real property & mortgages, True Stories Tagged With: 2015

How To Spend Money Before Filing Bankruptcy

By Cathy Moran

checks float before bankruptcy

Trying to spend down cash before filing bankruptcy? It’s time to talk about the float. Not the root beer float, though that would be more fun. The bank “float”:  the period between writing a check and it clearing your bank. (We’ll talk about what to spend on before filing bankruptcy, too). When you file bankruptcy, […]

Filed Under: How bankruptcy works

Bankruptcy Isn’t The Real Threat To Your Retirement Savings

By Cathy Moran

Your creditors can’t get your retirement savings. In bankruptcy or not, your creditors can’t take money from your formalized retirement savings. California state law and federal bankruptcy law protect your savings for retirement held in recognized retirement vehicles from levy or lien. But retirement savings are at risk. Look in the mirror. You are usually […]

Filed Under: Considering Bankruptcy, Consumer Rights

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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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