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Bankruptcy Disclosure: Don’t Let Orange Be The New Black

By Cathy Moran

Bankruptcy crime-do time

How will anyone know? That’s the question clients ask about assets that they don’t want to disclose on their bankruptcy schedules. Clients are usually afraid of losing the property or of involving family and friends with the bankruptcy court.  They really just want to fly under the radar in their social circles. Why do we […]

Filed Under: Consumer Rights

Turned Down For A Bank Account? Fight Back

By Cathy Moran

bank account rejection

Turned down when you tried to open a bank account? We have a clue why. We all know the big three credit reporting agencies:  Experian, TransUnion, and Equifax. But if you’ve been turned down for a bank account, you need to meet the other players in this space:  the checking account screening companies. Certegy ChexSystems […]

Filed Under: Consumer Rights Tagged With: 2017

What’s Included In Bankruptcy?

By Cathy Moran

Snapshot of the day you file bankruptcy

People ask, all the time, what’s included in bankruptcy? Too often, people use “included” to mean “discharged”. That confuses what do you disclose in your schedules with what is discharged at the end of the case. The short answer to what is included on your paperwork is EVERYTHING, dischargeable or not. What goes in the […]

Filed Under: Consumer Rights

Right To Support When Your Ex Files Bankruptcy

By Cathy Moran

Outrage is the usual reaction when a former spouse with child support or alimony files bankruptcy. It reinforces all those less-than-flattering thoughts you harbor about your ex. But,maybe, that’s not the right reaction for two reasons, one old, one new. One is old: support debts can’t be wiped out in bankruptcy. The second reason is new: failure […]

Filed Under: Consumer Rights, Family Law

What’s Wrong With Most Get-Out-Of-Debt Advice

By Cathy Moran

consider bankruptcy

Get-out-of-debt gurus too often miss the essential truth known to every carpenter. Measure twice, cut once Too many trite lists of tips to help you get out of debt miss the vital first step: understand the situation fully. How you got into debt Before you choose a get-out-of-debt path, understand where you’ve come from. Until […]

Filed Under: Consumer Rights Tagged With: 2019

What’s Up After Tax Extension To File?

By Cathy Moran

The tax extension in the mail and you don’t have to think about income taxes til October 15th approaches.  Right? Not in my book, if you are self employed. The self employed don’t have their estimated income taxes withheld from their paychecks.  There aren’t any paychecks if you are among that resolute band of entrepreneurs, […]

Filed Under: Consumer Rights, Small business, Taxes

What Goldilocks Knew About Tax Season

By Cathy Moran

It’s so easy to get a tax filing extension and put off the unpleasant work til fall. Procrastination is easy, and even sanctioned by the simplicity of an extension. But doing it now is important to your financial wellbeing From a purely selfish point of view, you need to know where you and Uncle Sam […]

Filed Under: Consumer Rights

Forgiveness Starts At Home

By Cathy Moran

The need for forgiveness in bankruptcy extends beyond forgiving debts. Self-care requires that you forgive yourself. Kansas City bankruptcy lawyer Rachel Foley wrote about forgiveness in the bankruptcy context. She wasn’t talking about the forgiveness of debt, but about the negative emotions that can eat you up. Shed the anger at others who threaten your […]

Filed Under: Consumer Rights, Life after bankruptcy

Debts To The Government: Can They Be Wiped Out

By Cathy Moran

It’s easy to assume that debts owed to the federal government can’t be discharged in bankruptcy. Easy, but wrong. Just because the creditor is Uncle Sam doesn’t mean the debt can’t be wiped out in bankruptcy. In fact, debts to the government range from freely dischargeable to not-in-this-lifetime nondischargeable. Honesty required for discharge All of […]

Filed Under: Consumer Rights

Can You Be Arrested For Not Paying Your Debts?

By Cathy Moran

Despite the story spread all over about federal marshals arresting a man for an unpaid student loan, people aren’t arrested for debt. And Fox News got the story wrong.  The man was not arrested because he owed money he hadn’t paid. He was arrested for blowing off a court order that he appear in court. […]

Filed Under: Consumer Rights, Student loans 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

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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