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Collection Suits and Court Dates

By Cathy Moran

Those in financial difficulty are frequently not operating at their peak.  I know that. But for the life of me, I can’t understand how the recipient of a summons and complaint from a California court can read the papers and absorb only that they have a “court date”. Arghhh! How California lawsuit works The basic […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: sued

Why Even Rock Solid Marriages Need A Prenuptial Agreement

By Cathy Moran

Pre nuptial agreements aren’t just for the rich or  mid-life marriages. In California, pre nuptial agreements do far more than provide a blueprint for division of property at divorce. A prenup can earn its keep for decades in marriages where divorce never enters the picture. Why? It protects the assets of the marriage from outsiders. […]

Filed Under: Featured, Strictly California Tagged With: community property

When $400 Emergency Pushes You Over The Edge

By Cathy Moran

emergency expense

The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency expense without borrowing.  A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. My God. The guy was too caught up in […]

Filed Under: Featured Tagged With: 2019

Debt Buyers Barred From California Courts

By Cathy Moran

debt buyer

Zombie debt may have met its match. California law now bars the door to the courthouse to a debt buyer holding a claim that is beyond the statute of limitations.  Civil Code § 1788.56.  If the party holding the debt bought it from someone else, after the original creditor had charged the debt off of […]

Filed Under: Debt Collection Rights, Featured

Cheapskate’s Guide To Asset Protection

By Cathy Moran

protecting assets

We’ve been looking for ways to protect our possessions since the beginning of time. The tools change, but the goal is the same: defend what’s ours against others. Today, the whole asset protection industry is built on keeping your wealth and stiffing your creditors.  The gurus of asset protection, at least, get rich with elaborate schemes; […]

Filed Under: Featured Tagged With: 2016, asset protection

What Small Business Needs From Government

By Cathy Moran

business challenges

  This post was first published 10 years ago, in the midst of the Great Recession.  I continue to think about the real challenges of running a small business and the balance needed between simplicity for the business owner and protections for the public.  More below. Senator McCain this morning on Meet the Press reprised […]

Filed Under: Consumer Rights, Small business

The Trouble With Your Social Security

By Cathy Moran

Social Security call

The caller says your Social Security file is incomplete and without more information, your assets, as well as your benefits, will be frozen. Pretty terrifying if you depend on Social Security checks. Only, it’s not true. The caller isn’t from Social Security. Social Security can’t freeze your assets. Social Security doesn’t do business by phone. […]

Filed Under: Consumer Rights Tagged With: 2018

Ordinary Heroes Deliver Second Chances With Bankruptcy

By Cathy Moran

bankruptcy is heroic

Guest author Bob Schuman on the good that bankruptcy does. I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to […]

Filed Under: You & your lawyer Tagged With: 2019

Sign Your Corporation’s Name So You Aren’t On The Hook

By Cathy Moran

John Hancock knew how to sign his name- so large that King George could read it without his glasses. But could he sign for a corporation as effectively? Most small business folks who do business today as a corporation are clueless when it comes to signing contracts on behalf of their corporation. When they sign […]

Filed Under: Featured, Small business

Silicon Valley Horror Story: The Business Credit Card That Bit

By Cathy Moran

business credit card

I’ve long said that there is no credit card for which a real, live human being isn’t liable. (That may be an exaggeration, but not by much.) And I’ve long worried about the prospects for success of business startups financed on credit cards. But I’ve never seen a departing employee of a start up stuck […]

Filed Under: Featured, Small business, True Stories Tagged With: 2019, credit card

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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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