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How Their Telephone Can Ruin Elders

By Cathy Moran

elders with debts

The elderly couple was suddenly in financial trouble. The two mortgages on their home were a couple of months delinquent. Their bank account had just been levied by the state taxing authority. They hadn’t filed tax returns in several years. From the outside, it didn’t seem like anything had changed.  Yet their financial world was […]

Filed Under: Consumer Rights, True Stories Tagged With: debt collection, elders, seniors

Cut Tax Liens Down to Size

By Cathy Moran

tax liens

Tax liens are no match for Chapter 13 when it comes to cutting the lien down to its real value. On paper, a tax lien can quickly become huge. In bankruptcy however, a lien is no bigger than the value of the assets it attaches to. While in Chapter 7, liens pass through bankruptcy without […]

Filed Under: Consumer Rights, Taxes

Google & Me

By Cathy Moran

Google and BankruptcyInBrief share a birthday, I’ve learned. I’m sure you saw the similarities in a flash. The Mercury News reports that Google was founded in 1998, the same year I bought a book and set out to make a web site about bankruptcy. I knew nothing about programming, and less about web design.  But I knew that […]

Filed Under: Consumer Rights

Your Home Is Not A Piggy Bank

By Cathy Moran

home isn't piggybank

Right before the Great Recession, lenders, main stream and fly-by-night,  urged us to “tap the equity in your home for what you want today”. California home values were rising.  Credit was easy.  And we always want something more, don’t we. We need to remember those days, because those sales pitches are back. Back on the radio and […]

Filed Under: Consumer Rights Tagged With: 2017

Essential Tasks After Bankruptcy To Maximize Your Fresh Start

By Cathy Moran

 Got your bankruptcy discharge recently?   The end of the bankruptcy case is the start of your new financial life. Now, you’ve got work to do to maximize that fresh start. Save your bankruptcy papers The bankruptcy schedules listed everyone you owed money to when you filed.  Those creditors got notice of your case. The […]

Filed Under: Consumer Rights, Life after bankruptcy

What Asset of Failed Business Is Most Valuable?

By Cathy Moran

Usually I rant about mistakes clients made when they incorporated their ongoing business. Come hard times for the business, those mistakes eat into our options for the owners survival when the corporation goes down. Invariably, the vendor accounts remain in the name of the proprietor, the stock may not have been issued, and it’s unclear whether there was an […]

Filed Under: Consumer Rights, Small business

Why I Hate Credit Reporting Agencies

By Cathy Moran

If you have a couple of hours, I’ll count the ways. But this morning, it’s half truths and moralizing by Experian that gets me going. My fellow California bankruptcy lawyer Jay Fleischman published Experian’s explanation of how long your bankruptcy filing stays on your credit record. Chapter 13 bankruptcy is deleted seven years from the […]

Filed Under: Consumer Rights, Life after bankruptcy

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

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

How To Spot A Fake IRS Officer

By Cathy Moran

Identity thieves are now posing as “helpful” folks from the IRS. These scammers email you with the disturbing news that your tax return has been flagged for further examination. Posing as representing the IRS Taxpayer Advocate Service, they offer help in “resolving” the problem, if you’ll just click a link and provide them information. They […]

Filed Under: Consumer Rights, Taxes

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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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