• Home
  • Bankruptcy in Brief
  • ABC’s of Bankruptcy
  • Considering Bankruptcy
  • True Stories
  • Chapter 13
  • Blog
  • About
  • TOC

Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box
  • How bankruptcy works
  • Mortgage Matters
  • Consumer Rights
  • You & Your Lawyer
  • Small Business
  • Family Law

What looks bad to the trustee in prebankruptcy conduct

By Cathy Moran

before filing bankrutpcy

Wondering what bankrutpcy trustees look for when they ask for bank statements and question you at the 341 meeting? Worried that a bankruptcy trustee will examine your situation and somehow disqualify you from bankruptcy because of something you did (or didn’t do) right before you filed? Not to worry. Your bankruptcy discharge does not depend […]

Filed Under: Before You File, Consumer Rights Tagged With: 2024, 341, first meeting of creditors, spending before filing, trustee wants bank statements

Planning For Bankruptcy: Keep Your Tax Refund

By Cathy Moran

Getting a tax refund check from the government is usually a great thing. Or at least, if you ignore that the government is returning YOUR money as a tax refund.  You’ve struggled without the money for a year while Uncle Sam used it without interest. But if you’ve filed bankruptcy during the tax year, the […]

Filed Under: Before You File, Taxes

What Is The Bankruptcy Trustee Looking For

By Cathy Moran

bankruptcy trustee and bank statements

What’s the bankruptcy trustee looking for when you submit your bank statements before the 341 meeting? Let me tell you what the trustee isn’t looking for: trustees don’t care if you bought the premium brand of coffee; paid for your kid’s sports team; fixed broken appliances; went on vacation; or bought concert tickets. No part […]

Filed Under: Before You File, Featured Tagged With: 2024, bankruptcy process, spending

Real-world Values for Assets Critical in Bankruptcy World

By Cathy Moran

asset value

Valuing your assets when filing out your bankruptcy schedules can be challenging. After all, what is a closetful of clothes or a garage full of tools worth? You are tempted to ask: why does it matter? Asset value matters in several different contexts in a bankruptcy case. Using the wrong measure of value or over-estimating […]

Filed Under: Before You File

Don’t Tidy Up Before Seeing A Bankruptcy Lawyer

By Cathy Moran

before bankruptcy

Don’t tidy up your financial affairs before consulting a bankruptcy lawyer to plan for bankruptcy. Your current mess may present opportunities to plan your case for a better outcome. You may waste money or lose bankruptcy options when you make last minute changes to your situation without understanding how that situation plays out in bankruptcy. […]

Filed Under: Before You File, Considering Bankruptcy Tagged With: means test, plan bankruptcy

How Much Should You Pay To Get Out Of Debt?

By Cathy Moran

Shop for a bankruptcy lawyer, and you’ll end up wondering what bankruptcy should cost. When you’re flat broke and under pressure, cheaper sure looks better. If a lawyer will do your Chapter 7 for $600, what’s the point of paying $1000? Or even $2000? Like answers to many legal questions, it depends. Bankruptcy relief depends on […]

Filed Under: Before You File, You & your lawyer

Can You Sell Assets 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: Before You File, How bankruptcy works Tagged With: before filing bankruptcy, sell assets

How to Screw Up Your Bankruptcy

By Cathy Moran

Transferring assets to others on the eve of bankruptcy is the single, easiest way to mess up your bankruptcy case. Everyone seems to think If an asset isn’t titled to you,  it does not have to be disclosed in a bankruptcy filing. I hear it and see it in action, again and again. If it […]

Filed Under: Before You File, How bankruptcy works Tagged With: changing title, lose the discharge, transfer assets

Consider The Clawback of Pre-bankruptcy Transfers Before Filing

By Cathy Moran

bankruptcy clawback

If you don’t understand clawback in bankruptcy, you might think that bankruptcy involves only what you have when you file. But that’s not how it works. Bankruptcy law gives a bankruptcy trustee to power to unwind transactions and transfers that diminish what the debtor has on the day the case is filed. The idea is […]

Filed Under: Before You File, How bankruptcy works Tagged With: 2022, avoidance, fraudulent transfer, preference

  • 1
  • 2
  • Next Page »
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

Everyone gets $1M + bankruptcy exemption

Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It's part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA's and Roth IRA's that are funded with after-tax dollars. … Read more

More Posts from this Category

643 Bair Island Road
Suite 403
Redwood City, CA 94063
Phone: (650) 694-4700
Phone: (650) 368-4700

Categories

All content copyright © Moran Law Group. All rights reserved.