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Family Lawyer’s Cheat Sheet to Bankruptcy

By Cathy Moran

family lawyer in bankruptcy

Here, in a nutshell, are bankruptcy basics for family lawyers. This isn’t everything you need to know to navigate a dissolution where one spouse files bankruptcy, or when marital debts suggest both spouses should file. It’s a start to a complex issue. You can get the basic introduction to concepts and terms operative in bankruptcy […]

Filed Under: Consumer Rights, Family Law Tagged With: 2021, divorce, family law

How To Write A Contract Without A Lawyer & Make It Stick

By Cathy Moran

writing your own contract

Even in a world where people attempt almost any skilled task with the help of Google, YouTube, or Legal Zoom,  people continue to ask: is this contract legal? They aren’t asking (usually) whether the subject matter of the contract is permitted by law. They really want to know: will what I’ve written be enforceable. What makes it […]

Filed Under: Consumer Rights, Small business Tagged With: draft contract

Reduce Your Tax Hit By Filing Bankruptcy Rather Than Settling Debts

By Cathy Moran

tax bite

Settle your debts outside of bankruptcy and you may be bitten by taxes you didn’t expect years later. Yet, everyone I talk to would rather cut a deal with their creditors than file bankruptcy.  It’s universal. But here’s the killer reason why bankruptcy alone protects homeowners from a unexpected  tax consequence down the road. Debt […]

Filed Under: Considering Bankruptcy, Consumer Rights, Taxes Tagged With: 2018, cancellation of debt tax

The Causes of Bankruptcy Aren’t What You Think

By Cathy Moran

why file bankruptcy

The columnist who equated debt problems with irresponsibility nearly caused me to melt down, right in my law office. Irresponsibility, he said! The idea that people who find themselves with bills they can’t pay got in that mess through flighty behavior  or self absorption is sooooo wrong. The real causes of bankruptcy Mindless spending is […]

Filed Under: Consumer Rights Tagged With: 2018

The Risks Of Filing Bankruptcy For Your Corporation

By Cathy Moran

risk of business bankruptcy

When your incorporated business fails,  the instinctive reaction is to file bankruptcy for the corporation. But a corporate bankruptcy comes with risk to the shareholders. I know you incorporated to separate yourself as the owner from the risks of the business.  As a separate legal “person”, the corporation is distinct from the individuals who own […]

Filed Under: Consumer Rights

Stressed Families Can Take A Card From Trump Casino

By Cathy Moran

From our archives, but still on point: Donald Trump’s Atlantic City casino operation filed bankruptcy, following in the steps of his other entities. What does that mean to ordinary folk here on the West Coast struggling with bills and the grind of staying afloat month to month? Why does this bit of news show up […]

Filed Under: Considering Bankruptcy, Consumer Rights

When You Can’t Make Your Chapter 13 Payments

By Cathy Moran

going nowhere

When your wallet’s as flat as this tire and you can’t make your Chapter 13 plan payments, what do  you do? Chapter 13 promised a chance to reorganize, keep what’s important, and get out of a financial hole. But it just isn’t working. What now? In good lawyer style, I’ve got to tell you:  it […]

Filed Under: Consumer Rights Tagged With: 2016

4 Easy Tips To Prepare For Bankruptcy And Beyond

By Cathy Moran

ready for life after bankruptcy

Ready for life after bankruptcy? Even before your case is filed, you can start preparing for your life after bankruptcy. These four steps will probably  make the bankruptcy case be smoother, too. Change banks Your money on deposit in “your” bank may not be solely yours. If you have a loan or other debt to your […]

Filed Under: Consumer Rights, Life after bankruptcy Tagged With: bankruptcy preparation

What Happens If You Don’t Pay Your Debts

By Cathy Moran

Overdue debts will not send you to jail. Please repeat:  overdue debts will not get you jailed. Yet it is disturbing how many people fear that not paying their debts is criminal and might land them in jail. Relax:  America abolished debtors’ prisons some 250 years ago. Can they put a lien on me? But jail is not […]

Filed Under: Consumer Rights

What Causes Bankruptcy?

By Cathy Moran

consider bankruptcy

I was playing in my head with a piece I was writing for consumers about the bankruptcy decision. I caught myself thinking about “whether the bankruptcy was caused by mortgage debt or ….” . And I hauled myself to a halt. How did the words “bankruptcy” and “cause” get linked in my head? In my […]

Filed Under: Considering Bankruptcy, Consumer Rights

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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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