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When Your Bank Account Is Seized: California Action Plan

By Cathy Moran

beat a bank levy

Time is short when you get a notice that a creditor has levied your bank account. California has protections that may allow you to recover money that’s been seized. But success in getting your money back depends on prompt action and following the procedures. Bank levy basics A creditor with a judgment is entitled to […]

Filed Under: Strictly California Tagged With: 2017

Real-world Values for Assets Critical in Bankruptcy World

By Cathy Moran

asset value

Valuing your assets when filing out your bankruptcy schedules can be challenging. After all, what is a closetful of clothes or a garage full of tools worth? You are tempted to ask: why does it matter? Asset value matters in several different contexts in a bankruptcy case. Using the wrong measure of value or over-estimating […]

Filed Under: Before You File

Will recent credit card use sink my bankruptcy

By Cathy Moran

credit-cards-sink-case

If I’ve used credit cards before filing bankruptcy, do I have to wait? Too many people considering filing think there is some sort of waiting period between financial activity and filing bankruptcy. So, let’s look at the issues in play surrounding recent credit card charges and seeking bankruptcy relief. There’s no 90 day rule Everyone […]

Filed Under: Featured, How bankruptcy works Tagged With: 2024, 90 day rule, bank statements in bankruptcy, trustee examination

What You Can Do With Money Before Filing Bankruptcy

By Cathy Moran

spending before bankruptcy examined

Worried that a bankruptcy judge or trustee is going to scour your spending before bankruptcy, looking for behavior that would disqualify you from bankruptcy relief. It’s not so. Yet there seems to be real anguish that “they” are going to toss your case out of bankruptcy court because of some “fault” in how you’ve handled […]

Filed Under: Consumer Rights

Will I Get a Discharge in My Bankruptcy Case

By Cathy Moran

bankruptcy discharge

Getting a bankruptcy discharge is what almost all cases are about. So the question of whether or not you’ll get a discharge looms large in Chapter 7. The short answer is that if you are eligible for a discharge, you’re almost certain to get a discharge. Eligibility, in this context, looks at whether you’ve gotten […]

Filed Under: Consumer Rights Tagged With: 2023

California drivers score huge bankruptcy win

By Cathy Moran

car after bankruptcy

California law, effective January 1, 2023, will assure those who file bankruptcy that they can keep their car as long as they stay current on payments. No longer does a debtor have to give up their discharge as to the car lender to be sure of keeping the car. The same bill, SB 1099, increases […]

Filed Under: Strictly California Tagged With: 2022, california exemptions, keep and pay, reaffirmation, ride-through

Time Runs Out For Claiming A Tax Refund

By Cathy Moran

last minute bankruptcy

Did you know there’s a deadline for claiming a tax refund. If you are entitled to a tax refund for an old tax year but haven’t filed the return yet, time’s running out. If you are more than three years late in filing your tax return, you forfeit any tax refund that you would otherwise […]

Filed Under: Featured, Taxes Tagged With: 2022, tax refund, unfiled tax returns

At Risk of Repossession? How To Keep The Car & Pay Less

By Cathy Moran

car repossession

If you are one of the  7 million Americans late on your car payments and living in fear that your car will be repossessed, consider how Chapter 13 bankruptcy can save your wheels. Losing your car can accelerate a torrent of nasty financial consequences. No car, no way to work. No work, no income. So, […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2019, car loan, Chapter 13 car, Repossession

Don’t Tidy Up Before Seeing A Bankruptcy Lawyer

By Cathy Moran

before bankruptcy

Don’t tidy up your financial affairs before consulting a bankruptcy lawyer to plan for bankruptcy. Your current mess may present opportunities to plan your case for a better outcome. You may waste money or lose bankruptcy options when you make last minute changes to your situation without understanding how that situation plays out in bankruptcy. […]

Filed Under: Before You File, Considering Bankruptcy Tagged With: means test, plan bankruptcy

When Your Bankruptcy Discharge Doesn’t End Your Case

By Cathy Moran

bankruptcy case after discharge

Isn’t my case over? I got my discharge.  Why’s the bankruptcy trustee still  hounding me?, my client asks. People who’ve filed bankruptcy are focused on the discharge as their goal. With their discharge in hand, they think it’s all over. They lose sight of the fact that the administration of a bankruptcy estate by the trustee runs on a parallel track to […]

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

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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