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Bankruptcy Alphabet: A Is For Assume

By Cathy Moran

erroneous assumptions about bankruptcy

In my bankruptcy alphabet,  “A” is for Assume. People assume all kinds of things about bankruptcy, most of them incorrect. Invariably, each assumption is more horrific than the truth. The list goes on. Each of the assumptions above is false. Some assume that they can do it themselves as “bankruptcy is just filling out forms”.  As a bankruptcy lawyer who winces […]

Filed Under: ABC's of bankruptcy

No Rush To File Bankruptcy

By Cathy Moran

filing bankruptcy

When the virus steals your income, it’s easy to be overwhelmed with unpaid bills and terrifying economic uncertainty. Immediate relief by filing bankruptcy may look appealing. Make it all go away, you say. I’ll never pay this off. But not so fast. With few exceptions, this bankruptcy attorney thinks it’s too early in this pandemic to […]

Filed Under: Consumer Rights Tagged With: 2020

How Creditors Spread Fear Of Bankruptcy For Profit

By Cathy Moran

  The unknown is often fearful. My colleague Peter Orville wrote It is natural to be afraid of doing something you’ve never done before, like filing for bankruptcy protection. This is especially true if you’ve heard stories about why you shouldn’t file bankruptcy. Peter has it right.  Some trepidation is natural. My beef is that […]

Filed Under: Featured

Who Gets A Slice Of The Bankruptcy Pie?

By Cathy Moran

“That woman filed a claim in our bankruptcy case, and we don’t owe her any money!” The next line, or paragraph really, of my client’s email asked what was I, her bankruptcy lawyer, going to do about it. The short answer was nothing. Nada. Not a thing. Zero. Because when you have a pot plan […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: chapter 13 claims, creditor claims, object to claim, pot plan

Why I Love Chapter 13

By Cathy Moran

13 reasons to love Chapter 13

How do I love thee, Chapter 13? Let me count the ways. Hang on, because it’s a long list.  Thirteen reasons Chapter 13 rocks. I love Chapter 13 because: 1.    Debtors keep control of their assets. They run their businesses. There is no trustee tasked to sell  their assets. 2.    Repayment to creditors […]

Filed Under: Chapter 13, Featured Tagged With: 2016

California Renter Protections From Eviction: How To Qualify

By Cathy Moran

california eviction protection

California  bans evictions for non payment triggered by the COVID-19 shut-down under Gov. Newsom’s executive order of March 27,2020. The protection comes with a big IF:  A tenant must act to trigger these protections, which run through May 31,2020. Who is protected The order covers tenants who have been laid off had hours cut suffered […]

Filed Under: Strictly California Tagged With: 2020

The Fate of Second Homes In Bankruptcy

By Cathy Moran

second home

Homestead exemptions protect a principal residence when someone files bankruptcy. But what about second homes and rentals? Are they toast in bankruptcy? Not necessarily. Like many legal questions, it depends. Homes protected from creditors The legal system has a reverence for the home debtors live in. It recognizes the importance of shelter and stability to […]

Filed Under: Featured

Bills I Gotta Pay, But There’s A Pandemic Out There

By Cathy Moran

bills to pay

I have bills I have to pay but no income. That despairing line was repeated over and over again in interviews with pandemic-furloughed workers on last night’s news. COVID-19 has ground the economy to a halt, no one’s working, and no money is flowing. Whether it’s called social distancing, shelter in place, quarantine, or lock-down, […]

Filed Under: Featured Tagged With: 2020, covid-19

Reaffirm Your Car Loan: The Bankruptcy Fight You Hope To Lose

By Cathy Moran

reaffirmation loss

It isn’t often I go into bankruptcy court, hoping to lose. But when the issue is reaffirmation of a car loan, that’s the strategy.  I desperately want the judge to deny approval of my client’s proposed reaffirmation of his car loan. And most of my judges will deliver, from the bench, the pitch I’ve made […]

Filed Under: Consumer Rights Tagged With: 2020

You Can Make Debt Collectors Stop

By Cathy Moran

stop debt collectors

You can make debt collectors stop. You don’t have to endure phone calls and threatening letters. In fact, you have a statutory legal right to be free from harassing debt collection.  All it takes is a letter to the collector. We’ll show you how to write that letter and exercise your right. And, if you […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2018, collection calls, debt collection, debt collectors

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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 One Family Settled Huge Debt For Pennies

Almost everyone wants to settle debt rather than file bankruptcy. But how about settling debt using bankruptcy? Here's how one family pulled it off. When they started the Chapter 13 trek, they owed $370,000 in personal loans and credit cards. As they completes the plan, they will have settled that debt for … Read more

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