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6 Things You Need To Know About The California Homestead

By Cathy Moran

California homestead

California’s homestead exemption is the Super Hero of the exemption world. While other exemptions protect things worth a thousand dollars here and a couple of thousand there, the homestead protects big bucks.  Starting January 1, 2021, the homestead for every homeowner is at least $300,000 and as much as $600,000, depending on countywide home prices. […]

Filed Under: Strictly California Tagged With: 2016, exemption, homestead

Why Your Mortgage Lender Won’t Send Statements After Bankruptcy

By Cathy Moran

Lists of stupid laws are lots of fun, when they don’t really touch your life. But the law that gags mortgage lenders after bankruptcy isn’t funny. Preventing lenders from sending mortgage statements to homeowners after bankruptcy just sets families up for foreclosure and rewards servicers with the fees that follow default. It’s just a stupid […]

Filed Under: Real property & mortgages, True Stories

What Litigators Need To Know About Bankruptcy

By Cathy Moran

Civil litigation often decides who owes what to whom.  Bankruptcy law can impact ongoing litigation and what happens thereafter to those who owe.  And to those to whom money is owed. So it behooves litigators to have a good grasp on how bankruptcy works. If you’re defendant’s counsel, you want to assess your client’s options should […]

Filed Under: Featured Tagged With: 2018, lawsuit, litigation

Don’t Get Fleeced At The Car Dealership: Tips On Buying A Car

By Cathy Moran

car buyers get fleeced

Getting fleeced at the car dealership is all too common. The ways to get taken, bamboozled, oversold, and generally ripped off are too numerous to count. But the good folks at NCLC have studied the car-buying extras and add-ons that pad the price of the car.  The mark up on add-ons can be huge. Add-ons, […]

Filed Under: Consumer Rights Tagged With: 2017

Hidden Dangers In Tapping The Reverse Mortgage Piggybank

By Cathy Moran

reverse mortgage

Actor Fred Thompson used to appear on my Sunday morning news program every week touting the benefits of a “government insured”,  safe, reverse mortgage. Get the money you deserve to live the good life, he urged. I’m watching the aftermath of that sales pitch play out for one of my clients, and it’s not “the […]

Filed Under: Real property & mortgages, True Stories

When Chapter 20 Bankruptcy Adds Up

By Cathy Moran

looking for Chapter 20

You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there;  so are Chapters 11 and 13.  But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang.  It’s a Chapter 7 case […]

Filed Under: How bankruptcy works Tagged With: 2016

The Most Compelling Reason To File Bankruptcy

By Cathy Moran

retirement planning

Shedding debt so you can save for retirement is the most compelling reason to file bankruptcy in my book. Get rid of the debt that’s dischargeable so you can pay for retirement, I exhort. Between the crippling cost of housing in the Bay Area and parent loans for college, there is so little margin for […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2017, reason to file, retirement, saving

Last Minute Tax Break For Distressed Homeowners

By Cathy Moran

tax break

  Days before the end of the tax year, the massive tax bill changed the rules retroactively.  And for once, the change benefited individual taxpayers. The tax bill revived, for tax year 2017, the exclusion from income accorded to phantom income upon foreclosure, short sale, or loan modification. The provision that created an exception protecting […]

Filed Under: Featured, Taxes Tagged With: 2018, qualified principal residence debt

IRS Shakedown Happening In Bankruptcy Court

By Cathy Moran

The latest IRS scam is happening in bankruptcy, out in the open. Now usually when I write about IRS scams, I’m talking about genuine bad guys either pretending to be the IRS to hijack your money or pretending to be you to the IRS, to hijack your money. But nobody is pretending in the trick […]

Filed Under: Featured, Taxes, True Stories Tagged With: 2018

Warning: Wells Fargo Can Freeze Your Account

By Cathy Moran

Preparation for filing bankruptcy should include getting your money out of Wells Fargo Bank. Unless, of course, you’re willing to have Wells freeze your money for days or weeks, on its own initiative. Wells says they are “helping” the bankruptcy trustee by denying you access to your money.  Only the bankruptcy trustee didn’t ask for […]

Filed Under: How bankruptcy works

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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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