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What If You Ignore That Lawsuit Against You

By Cathy Moran

ignore lawsuit

How do you ignore a lawsuit and expect a good outcome? Yet twice in the past few months, individuals have come to me with judgments already entered against them. That’s not noteworthy; after all, I’m a bankruptcy lawyer. We deal with unpaid judgments. But both of these men explained the situation this way: the claims […]

Filed Under: Consumer Rights Tagged With: 2021, collection, judgment, lawsuit

What The Fool Got Wrong About Filing Bankruptcy

By Cathy Moran

should I file bankruptcy

The famous poem begins, “how do I love thee? let me count the ways”. But what if it’s not love that we are counting, but loathing? Let me count the ways I loathe the Motley Fool’s article asking should I file bankruptcy? The Fool’s underlying assumption is that people in debt flock to bankruptcy as […]

Filed Under: Consumer Rights Tagged With: 2018, should I file

The Tortoise Is The Mascot Of Retirement Savings

By Cathy Moran Leave a Comment

Every campaign needs a logo. Make the logo of your retirement planning a turtle, rampant. Rampant, you say?  Turtle? In the Middle Ages, knights put their ID’s on their shields in  elaborate heraldry that told bystanders who he was, what his birth order was, and which side of the blanket he was born on. Heraldry featured animals, […]

Filed Under: Consumer Rights, Featured Tagged With: asset protection, exemptions, retirement

When You Can’t Pay The EIDL Loan

By Cathy Moran

EDIL loan due

The COVID-era EIDL loans are coming due. But just because the pandemic is over doesn’t mean that business has returned to normal. Prepandemic, normal may have been difficult too. If yours is one of the many businesses can’t bear the additional stress of repaying EIDL loans, here’s what you need to know. What are EIDL […]

Filed Under: Consumer Rights, Small business Tagged With: 2023, COVID, EIDL, loan default, SBA

Bank Account Safe From Credit Card Debt

By Cathy Moran

credit card offset

Your bank can’t take your money in an account to pay their credit card. That’s one less thing to stress about. Credit cards and bank accounts are an exception to the old saw that possession is 9/10th of the the law. After all, the bank would have possession of the money on deposit and a […]

Filed Under: Consumer Rights Tagged With: credit cards, discharge, offset, set off

Your Tax Refund Is Exposed In Bankruptcy, Unless…

By Cathy Moran

tax refund bankruptcy

The prospect of a tax refund makes most of us light up  even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]

Filed Under: Considering Bankruptcy, Consumer Rights, Taxes Tagged With: 2018

The Bankruptcy Problem Your Lawyer Can’t Fix

By Cathy Moran Leave a Comment

what to tell lawyer

Everyone considering bankruptcy faces the question of what to tell their lawyer. Sometimes  it’s a problem you don’t want to face yourself, or a debt your spouse doesn’t know about. The problem even the best bankruptcy lawyer can’t fix is the one you hide. Maybe it’s a claim you hope to bring after the bankruptcy. You’re […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: disclosure, secrets

Got Tax Trouble? Don’t File Bankruptcy In December

By Cathy Moran

wait to file bankruptcy

Bankruptcy can provide tax relief,  if your timing is right. Tax troubles are at the heart of so many bankruptcy filings.  It makes sense:  bankruptcy is a powerful and predictable tool to get out of tax debt. But filing bankruptcy before the end of the year may fix only a part of your tax problems.  […]

Filed Under: Consumer Rights, Taxes Tagged With: 2016, discharge taxes

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: Consumer Rights Tagged With: 2024, 341, first meeting of creditors, spending before filing, trustee wants bank statements

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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

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

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