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The Biggest Lie About Bankruptcy

By Cathy Moran

possessions are sold

Read anything about Chapter 7 and you get, “Your possessions are sold in Chapter 7 bankruptcy.“ That is, flat out, the biggest lie about bankruptcy. It’s a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off from getting relief from debts they can’t […]

Filed Under: How bankruptcy works Tagged With: bankruptcy sale, exemptions, liquidation

The Worst Reason To Choose Debt Settlement Over Bankruptcy

By Cathy Moran

The guy with an old debt asked if bankruptcy or debt settlement would cause greater damage to his “credit”. The money advice columnist gave the right answer to the wrong question. She got it backwards. She advised that bankruptcy was more damaging given that the nagging debts were already three years old and would drop off his […]

Filed Under: Considering Bankruptcy, Consumer Rights, Managing Money Tagged With: credit score, debt settlement

The Bankruptcy Problem Your Lawyer Can’t Fix

By Cathy Moran

what to tell lawyer

Everyone considering bankruptcy faces the question of what to tell their lawyer. Sometimes  it’s a problem you don’t want to face yourself, or a debt your spouse doesn’t know about. The problem even the best bankruptcy lawyer can’t fix is the one you hide. Maybe it’s a claim you hope to bring after the bankruptcy. You’re […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: disclosure, secrets

Does Bankruptcy Bar Retirement Savings?

By Cathy Moran

retirement contributions

Ongoing retirement saving by Chapter 13 debtors has been a touchy subject since the means test became a part of the bankruptcy scene. The means test was intended to squeeze every available dollar from consumer debtors. It works by limiting the expenses that can be deducted from income in figuring what a debtor can/must pay […]

Filed Under: Chapter 13, Featured Tagged With: 2020, means test, retirement

Can You Spot The Signs Of A Collection Scam

By Cathy Moran

It’s pretty scary when a $300 payday loan turns into an investigation by the Federal Crimes Bureau. Not only was the recipient of the collection letter  below being  “investigated for crimes”,  his Social Security number would be suspended, and a court case initiated against him immediately. At great cost and embarrassment. Unless, of course, he sent the […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories Tagged With: jail for debt, scam

Get real information about what’s happening with your mortgage loan payments

By Cathy Moran

What have they been doing with my mortgage payments? The client has been making a mortgage payment according to the HAMP formula for almost 18 months of her Chapter 13. Yet without a 1098 form, her very capable tax preparer told her she couldn’t deduct mortgage interest on her tax return. Never fear. We have a new […]

Filed Under: Real property & mortgages, Taxes Tagged With: loan payments, QWR, request for information

Bankruptcy Without A Discharge: Why Chapter 20 Works

By Cathy Moran

13 without discharge

What does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? Lots, actually. It’s complicated.  Powerful, but complicated. Let’s see how all the parts interact when your Chapter 13 is filed before you’re eligible for a discharge. Law limits discharge The bankruptcy code doesn’t limit when you can file bankruptcy;  it […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: 2018

The Essential Step To Get Your Day In Court

By Cathy Moran

defending debt suit

When you’re sued on an old debt, it’s easy to imagine appearing in court to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. It’s a comforting image, but it will never happen if you haven’t taken the first step in […]

Filed Under: Consumer Rights Tagged With: collection, court, lawsuit, sued

What A Bankruptcy Lawyer Is Thankful For

By Cathy Moran

On Thanksgiving, I’m mindful of how precious the American approach to insolvency is. In the U.S.  a bankruptcy discharge provides the proverbial fresh start to move forward with life. Money troubles do not have to cloud a life forever. Bankruptcy is widely available and broadly effective in getting people a fresh financial start. On the individual level, […]

Filed Under: Featured

5 Things To Do When You Have Been Sued

By Cathy Moran

The ring on the doorbell was a process server. Bingo!  You’ve been sued in a California court. Now what? Breathe deeply and work your way through this five step check list.  Then I’ll suggest some options. Scout the territory 1. Look at the caption:  It identifies the parties to the suit.  It’s right below the […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: lawsuit

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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

When Can I File Bankruptcy Again

Remember the old high school cheer:  two, four, six, eight, who do we appreciate? Turns out, that's not just a cheer, it's shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here's how it … Read more

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