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Means Test & Taxes: Look Backward Or Forward

By Cathy Moran

One of the mysteries of the universe (well, sorta) was answered for me by my least favorite authority. The United States Trustee wanted to adjust the taxes incurred on the bankruptcy means test form to be taxes as they were projected to be in the future. Fine by me. My position has always been that current […]

Filed Under: How bankruptcy works, Means test

Earthquake In California Law Of Community Property And Title

By Cathy Moran

The ground has shifted under California real property law. The change looms as large as a quake along the San Andreas fault that runs through our neighborhood. The  words on a real property deed no longer mean exactly what they say when the property owners are married to each other. The newly decided Brace case holds that the […]

Filed Under: Real property & mortgages, Strictly California Tagged With: 2017

How Will Bankruptcy Filers Retire?

By Cathy Moran

provide for retirement

  Contributions to 401(k) retirement  plans during a Chapter 13 are not forbidden, as claimed by a colleague. He paints with far too broad a brush. A better reading of the Parks decision by the 9th Circuit Bankruptcy Appellate Panel is narrower: The debtor cannot deduct from their income their on going contributions to a 401(k)  […]

Filed Under: Featured

Bankruptcy Alphabet: L is for Life

By Cathy Moran

What was omitted from bankruptcy schedules

In my bankruptcy alphabet, L is for the Life you can get back when you get rid of your debts. My bankruptcy clients are often simply consumed by managing their debts. There is no room for rest, savings, dreaming. Life has become the struggle to make the next round of payments. L could also be […]

Filed Under: ABC's of bankruptcy, Consumer Rights

Update Your Mental Money Software To 2.0

By Cathy Moran

What kind of life style are you entitled to? When was your sense of your place in the economic world formed? Just like the anti virus software on our computers and the operating systems on our smart phones, our internal software about our money needs an update. Outdated expectations My theory:  our view of how […]

Filed Under: Uncategorized

Can You Afford The Cost of Retiring Here In California?

By Cathy Moran

San Mateo County

Care to guess what it will cost a retired couple in San Mateo County to meet their basic living needs? If they rent, it takes $3193 a month. If they have a mortgage, it rises to $4247. Those dollars cover housing, food, medical, transportation and $376 for everything else. Social security doesn’t cut it The average Social […]

Filed Under: Strictly California

The Dozen Most Important Bankruptcy Posts Of 2016

By Cathy Moran

bankruptcy advice on target

Last week, I let readers pick their favorite new bankruptcy posts from 2016 . It was a good bunch. Now, it’s my turn. Here are the dozen new posts for this year that struck a chord with me. If there’s a theme, it’s the subject matter, rather than the style. Each post is on target on issues […]

Filed Under: Featured Tagged With: 2016

Last Call For Loan Modifications Under HAMP

By Cathy Moran

house at risk

If your house is teetering on the edge of foreclosure, the time to act has a deadline. HAMP, the government program incentivizing home loan modifications, ends in 2016. To qualify for HAMP, you must submit a complete Initial Application Package by December 30, 2016. That package must include:  A  RMA form which includes a required hardship […]

Filed Under: Consumer Rights, Real property & mortgages Tagged With: 2016

Your Picks For The Best Of Bankruptcy Soapbox For 2016

By Cathy Moran

Best Bankruptcy Blogs

Jumping the gun on year-end by a bit, I’ve gathered up the 10 most-read new posts on Bankruptcy Soapbox in 2016. Without need of an envelop, please,  here they are, in reverse order: 10.  Why The Gap Between Judges & Attorneys About Fees Most bankruptcy judges never walked a mile (or any distance) in the […]

Filed Under: Featured

Spotting The Mean In The Means Test

By Cathy Moran

means test

Just being a consumer is enough to put you on Congress’s bad side when it comes to bankruptcy. How do I know? I read the “reformed” bankruptcy code where the means test discrimination is blatant. Only those individuals whose debts are primarily consumer debts have to prove that they aren’t abusing the bankruptcy laws. The […]

Filed Under: Featured, Means test, True Stories 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

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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