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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

When The Lender Changes Its Tune After Chapter 13

By Cathy Moran

mortgage mess

The mortgage servicer took less than 30 days to change its story, big time. In three weeks time, the loan servicer went from telling the bankruptcy court, under penalty of perjury, that the loan was current, to telling the homeowner that she was $50,000 behind. The whole story appears here. Three weeks! And there, in […]

Filed Under: Real property & mortgages Tagged With: 2018, mortgage servicing

Can Your Creditor Get A Lien On You?

By Cathy Moran

Can “they” put a lien on me? If you have debts you can’t pay, that’s a critical question. The man sitting across the desk from me owed a fistful of taxes.  He proposed to transfer his interest in the family home to save the house from the tax lien which was filed against him. He […]

Filed Under: Consumer Rights Tagged With: liens

10 Things Tax Professionals Need To Know About Bankruptcy

By Cathy Moran

As tax season approaches, tax pros need a basic understanding of bankruptcy to serve clients well. Tax preparers stand a good chance of encountering clients who either have filed bankruptcy, or who may benefit from a bankruptcy filing. Here’s my list of bankruptcy nuggets that a good tax professional should have at hand. 1. Debts […]

Filed Under: Featured, Taxes Tagged With: accountants, tax preparers

Discharge Taxes in Bankruptcy: Move Beyond the Myth

By Cathy Moran

bankruptcy taxes

Myths about discharging taxes in bankruptcy are as common as myths about fire-breathing dragons.  Central to the bankruptcy tax myth is the claim that taxes can’t be discharged in bankruptcy. Not so.  Bankruptcy can wipe out many kinds of taxes.  And that discharge can restore order to a family’s economy. Which ones are dischargeable?  Let’s see. […]

Filed Under: Featured, Taxes Tagged With: discharge taxes

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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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