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Bankruptcy Drives Credit Score Surprise

By Cathy Moran

Bankruptcy improved my client’s credit score, almost on the spot. Before bankruptcy, a miserable credit score was no surprise.  This client reported a 498 credit score before he filed. What was surprising is that, three month after he filed bankruptcy, his score was 614! That’s a 116 point increase in his score in three months.  […]

Filed Under: Featured, Life after bankruptcy Tagged With: 2019, credit score

Don’t File Bankruptcy In December

By Cathy Moran

wait to file bankruptcy

Bankruptcy can provide tax relief,  if your timing is right. Tax troubles are at the heart of so many bankruptcy filings.  It makes sense:  bankruptcy is a powerful and predictable tool to get out of tax debt. But filing bankruptcy before the end of the year may fix only a part of your tax problems.  […]

Filed Under: Featured, Taxes Tagged With: 2016, discharge taxes

The Real Rules To Sell Stuff Before Bankruptcy

By Cathy Moran

sell stuff before bankruptcy

Thinking about filing bankruptcy?  Need cash? Folk wisdom supplies many “rules” about the period leading up to actually filing bankruptcy: This kind of thinking will have you frozen in time and space like this insect in amber. Only, this folk “wisdom” is all wrong. Here’s how to sell assets before filing without messing up your […]

Filed Under: How bankruptcy works Tagged With: before filing bankruptcy, sell assets

Bankruptcy Discharge For One Spouse Yields Benefits For Non-filing Spouse

By Cathy Moran

bankruptcy protection for non-filing spouse

Spouses don’t have to file bankruptcy together. Often there are strategic reasons for only one spouse in a community property state like California to file. So, where does that leave the non-filing spouse when creditors come calling? Community property in bankruptcy Central to this discussion is the way the Bankruptcy Code treats community property. When […]

Filed Under: How bankruptcy works, Strictly California Tagged With: 2022, community property, discharge, filing alone, non-filing spouse

Bankruptcy Questions Have Few Quick Answers

By Cathy Moran

The caller to my law office kept telling my assistant: I just want to ask Cathy a question. To which my assistant replied:  you need to first fill out our questionnaire and make an appointment. But I don’t want a meeting, I just want to ask a question. At which point, both sides of the call […]

Filed Under: How bankruptcy works, You & your lawyer Tagged With: 2020

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

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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

What Happens To Your Bank Account in Chapter 13

Those considering filing a Chapter 13 bankruptcy worry about "what happens to my bank account?" Will the trustee take all the money? How do I pay my living expenses after I file? The short answer is: nothing changes. The account remains yours and available for all the expenses of day to day living. Because, … Read more

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