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Unicorns, Wookies, And Medical Bankruptcies

By Cathy Moran

What do Unicorns, Wookies, and Medical Bankruptcies  have in common? Each is a figment of our imagination. None of them exists in the real world. Medical bankruptcy does not exist, despite the suggestion in a recent FoxBusiness article, where the author talked about medical bankruptcy contrasted to personal bankruptcy. When it comes to medical bankruptcy, consumers […]

Filed Under: Consumer Rights

Cut Tax Penalties In Bankruptcy

By Cathy Moran

Get in tax trouble and the tax penalties often grow huge. What starts as a manageable problem can soon tower over you. Breathe deep;  there is a solution. Chapter 13 bankruptcy can cut tax penalties down to size. All tax penalties discharged in 13 Old or new, large or small, Chapter 13 discharges all unsecured […]

Filed Under: Chapter 13, Consumer Rights, Taxes Tagged With: tax penalties

How Does Your Household Budget Measure Up?

By Cathy Moran

The living expenses your paycheck has to cover go on and on. Each dollar is stretched;  each expense clamors for attention. Too often, the expenses go on long after the available money is gone. What seem like immediate needs squeeze out those necessities that only come round occasionally but in big numbers:  car repair, medical incidents, […]

Filed Under: Consumer Rights Tagged With: budget, cost of living, living expenses

Whopping exemption for CA 529 college accounts

By Cathy Moran

college saving exemption

A substantial new California exemption snuck into law in 2021, the college savings account exemption. It protects 529 college savings accounts from the creditors of parents. The exemption applies in all California collections and to California bankruptcies when the CCP 704 exemptions are selected. The eyeopener is that a parent (or other donor) can contribute […]

Filed Under: Strictly California Tagged With: California, college savings, exemptions

The Real Money Rules Before Bankruptcy

By Cathy Moran

sell stuff before bankruptcy

Thinking about filing bankruptcy?  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 manage money before filing without messing up your right to […]

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

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 Tagged With: credit score, debt settlement

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

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

Bail Yourself Out Of Payroll Tax Trouble

By Cathy Moran

Business owners with unpaid payroll taxes are in deep trouble. Even if the employer is a corporation, the corporation’s managers are personally liable for the trust fund portion of unpaid payroll taxes. There’s no corporate shield when it comes to payroll taxes. You are in the IRS’s cross hairs, personally, if the business hands out “net” checks […]

Filed Under: Consumer Rights, Small business, Taxes Tagged With: 2016

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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

How Much Is My Chapter 13 Payment

Intrigued by Chapter 13, but worried about how much your Chapter 13 payment might be? OK, let's walk through what your payment must be by law and what you want that payment to cover to get a fresh start. Part of the power of Chapter 13 is that you write the plan, with the help of your bankruptcy lawyer. Forget … Read more

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