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If You Can’t Make Your Car Payment During The Virus Shutdown

By Cathy Moran

car payments coronavirus

  How am I going to keep my wheels while the coronavirus looms? The fight against the coronavirus has cut off income for millions.  While there’s been broad discussion about mortgages and student loans,  there’s less discussion about rent. So far, I’ve heard no governmental discussion about how to proceed if you can’t make car […]

Filed Under: Consumer Rights Tagged With: 2020

IRS Pandemic Relief in Taxing Times

By Steven Walker

taxes COVID-19

In normal times, this would be tax season. Not this year; these aren’t normal times. The recent COVID-19 pandemic has already had a significant effect on our personal and professional lives.  Between states and localities implementing “shelter-in-place” orders, commercial activity grinding to a near halt, and the stock market seeing massive losses, the United States […]

Filed Under: Featured Tagged With: 2020

Explaining The Increase In Monthly Mortgage Payments On Long Established Loans

By Cathy Moran

mortgage payments jump

Why has my mortgage payment increased so much? That’s the question I’m getting from lots of clients recently. Interest rates are creeping up on variable rate loans, but not dramatically. For most of those asking, it’s because the interest-only period of their home loan has run. Loans promised increased mortgage payments Borrowers forgot that lots […]

Filed Under: Real property & mortgages Tagged With: 2018

Bankruptcy Alphabet: Q is for Questions

By Cathy Moran

Bankruptcy Alphabet Q is for Questions

  The letter Q stands for Questions in my bankruptcy alphabet. Like the storied Light Brigade, “stormed at with shot and shell” , we in bankruptcy are peppered with questions, not cannons. Those considering bankruptcy have the profound questions:will bankruptcy improve my situation? what will I give up to get a bankruptcy discharge? what is life […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Free Bankruptcy Advice: Consider The Source

By Cathy Moran

Who gets their legal advice from their adversary? My client did. Get your legal advice from your adversary, your brother in law, or the internet and be prepared to get a surprise.  Often, not a pleasant surprise. My client insisted that his tenant’s debt to him survived the tenant’s bankruptcy “because it was listed on Schedule […]

Filed Under: Consumer Rights, True Stories

Incorporating Your Business Has Surprise Benefit

By Cathy Moran

incorporation protects

Incorporate to protect yourself from the debts of your  business, shriek the ads. That’s the theory of incorporation for business:  create a separate legal entity in the form of the corporation. Let that entity incur debt and expose itself to other risks.  If it fails, the personal holdings of the owners of the corporation are […]

Filed Under: Consumer Rights, Small business

V Is For Value In Bankruptcy Alphabet

By Cathy Moran

Bankrutpcy Alphabet: V is for Value

  The Letter V is for Value in my bankruptcy alphabet. The value of one’s assets drives exemptions and the question of what you get to keep through bankruptcy. The value of  your assets that are subject to liens also determines whether you can void liens on those assets. I’m fond of saying that bankruptcy […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Keep Your Tax Refund Through Your Bankruptcy

By Cathy Moran

keep tax refund

For most of us, finding out that we are getting a sizable tax refund is great news. But if you’ve recently filed a Chapter 7 bankruptcy, hold your celebration. That refund may not be yours. You have a bankruptcy estate When you file bankruptcy, all of your assets become a “bankruptcy estate”.  The estate includes […]

Filed Under: Featured, Taxes

Got A 1099? How To Avoid Paying More Tax

By Cathy Moran

insolvent for tax purposes

One of life’s persistent gotcha’s is the tax consequence of having debt forgiven. Did you compromise a debt, eliminate it upon foreclosure, or have your creditor simply wipe it out without payment. You may have a tax problem. The tax code treats the forgiveness of debt as income, even though you never saw a penny […]

Filed Under: Featured, Taxes Tagged With: cancellation, tax

Old Tax Liability Discharged In Bankruptcy, If….

By Cathy Moran

Discharging tax debt in bankruptcy gets lots of families out of a horrible hole. Tax debt can be large and swelled beyond the tax by interest and penalties.   Collection on old tax debt often compromises the ability to stay current on more recent years. Bankruptcy can save their bacon because taxes found on returns […]

Filed Under: Consumer Rights, Taxes, True Stories

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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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