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How To Pick A Bankruptcy Lawyer

By Cathy Moran

interview a bankruptcy lawyer

How do you pick a bankruptcy lawyer when you’ve never hired any lawyer and never before considered filing bankruptcy? What do you ask a bankruptcy lawyer to determine if the lawyer is the right one for you? After all, the conversation has to move beyond “what does bankruptcy cost?” Financial troubles are tough and bankruptcy […]

Filed Under: Featured, You & your lawyer Tagged With: 2016, choose a lawyer, find a lawyer, pick a lawyer

How To Save Your House After Filing Bankruptcy

By Cathy Moran

California homestead

Saving your house from foreclosure ranks high on the list of reasons people file Chapter 13. The automatic stay stops foreclosures; Chapter 13 gives you time to fix the problem. Powerful stuff. But the stay and more time, alone, aren’t enough to save the day if you run afoul of other rules, written and unwritten, […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2018

Stop Making Quarterly Tax Payments

By Cathy Moran

quarterly tax payment

Uncle Sam expects a quarterly tax payment from the self employed.  Since you don’t get a paycheck with regular tax withholding, the burden’s on you. Lighten the burden. Make this the last quarterly tax payment you pay. Seriously.  Don’t make any quarterly payments for this coming year. Think I’m advocating tax resistance?  No way. The tax collectors […]

Filed Under: Consumer Rights, Taxes Tagged With: self employed taxes

Do California Seniors Need to File Bankruptcy?

By Cathy Moran

California, it turns out, is a great place to retire. Not because of the cost of living, certainly.  In spite of the cost of living. Because California exemptions are very generous to those of retirement age. Those exemptions effectively make many indebted seniors collection-proof. How exemptions protect seniors Exemption laws come from the idea that, […]

Filed Under: Considering Bankruptcy, Consumer Rights

Understand Bankruptcy Basics Before You Need Them

By Cathy Moran

Bankruptcy basics are simple: bankruptcy is the legal system’s remedy for debts beyond the ability of the person who owes money to pay. Bankruptcy in the United States operates to satisfy a person’s debts to the extent possible and to enable those with debts they can’t pay to start over. Exemptions carve out the property […]

Filed Under: Uncategorized

Co Signers Put Themselves In Creditor’s Crosshairs

By Cathy Moran

cosigner in crosshairs

The liability of a co signer is the single most common misunderstanding about the law that I see. Put bluntly, a co-signer is just as liable for the debt as the primary borrower. Co sign someone else’s debt and you put yourself in the creditor’s cross hairs. That should make the hair on the back […]

Filed Under: Consumer Rights Tagged With: 2016

All You Need To Know About Bankruptcy Stay & Pending Litigation

By Cathy Moran

bankruptcy during litigation

When a trial date looms, bankruptcy may look better and better to a defendant. Bankruptcy can be the emergency exit from a bad situation that is about to get worse. That’s because every bankruptcy case comes with an  automatic stay .  That’s  a federal court injunction automatically entered when a bankruptcy case is filed, protecting the […]

Filed Under: Consumer Rights Tagged With: automatic stay, lawsuit

We Live In An Economic House Of Cards

By Cathy Moran

I’ve long said to bankruptcy clients that bankruptcy can’t fix an income problem, it can just ameliorate an outgo problem. In the last round of frantic bankruptcy filings a decade ago, one symptom seemed to be that too many families in the Silicon Valley  couldn’t really afford to live a middle class life here. They […]

Filed Under: Featured, Pondering Tagged With: 2018

What Happens To Cash In Bankruptcy?

By Cathy Moran

keep cash in bankruptcy

How much cash can you keep when you file bankruptcy? It’s not as though you won’t have living expenses after you file bankruptcy. You need to know how you’ll manage and what you’ll have to manage with. Funding that fresh start is what exemptions are all about. We are talking here about California because exemptions, […]

Filed Under: Strictly California Tagged With: cash, exemptions, money

Out of Luck If You Skip A Creditor?

By Cathy Moran

add creditor

So, you slipped up and left a creditor out of your bankruptcy schedules.  Can you add an omitted creditor after the fact? In the fateful words of a careful lawyer, it depends. Depends on when the amendment is made and what chapter you’ve filed.  And the effect of adding a creditor varies. Let’s walk through […]

Filed Under: How bankruptcy works Tagged With: 2018, amendment

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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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