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The Bankruptcy Problem Your Lawyer Can’t Fix

By Cathy Moran

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

What’s The Income Limit for Filing Bankruptcy

By Cathy Moran

bankruptcy income limit

Actually, there’s no income limit for filing bankruptcy. None, nada, no way. Instead, there’s the infamous means test, an awkward and complex formula, written by Congress, to identify individuals who are entitled to file Chapter 7. Not everyone has to take the means test. The means test doesn’t apply to individuals whose debt is primarily […]

Filed Under: Consumer Rights, Means test Tagged With: 2024, income limits, means test

Debt settlement: how it really works

By Cathy Moran

debt settlement behind the curtain

Debt settlement companies thrive on tapping the consumer’s genuine desire to pay back their debts. They don’t tell you how debt settlement works, in reality. They promise that they will compromise with your creditors for a sizable discount and all will be well with the world. There are any number of reasons that isn’t so, […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories

The Real Importance of Your Credit Score

By Cathy Moran

Questions about the real importance of credit scores

Getting credit after bankruptcy is the most frequent search term that bring visitors to Bankruptcy in Brief, my encyclopedic sister site on bankruptcy. In these visitors’ minds, the impact of bankruptcy on their credit score is critical. It’s ironic that readers, saddled with enough debt to consider bankruptcy, worrymost about their credit score. After all, […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: credit score

Is Home Equity A Substitute For Retirement Savings

By Cathy Moran

Home as retirement savings

My home is my retirement plan. If I had a dollar for every time a client said that, I could retire today. But that approach to funding your old age only works if…. Sell your house to retire The value in your house makes your balance sheet strong, but doesn’t put food on the table […]

Filed Under: Consumer Rights Tagged With: 2017, home equity, retirement

Bouncing Back From Bankruptcy

By Cathy Moran

recover from bankruptcy

How long  does it take to recover  from bankruptcy? I started to answer the client’s question before I realized that the question was all backward. Recover FROM bankruptcy?  No…. It should be: recover  THROUGH bankruptcy! Bankruptcy is the tool for recovering from impossible financial situations. The ailment is debt: bills in excess of what you […]

Filed Under: Considering Bankruptcy, Consumer Rights, Life after bankruptcy

Eliminate The Tax Refund & Protect Yourself From Government Collections

By Cathy Moran

protect your money

We’ve recently heard sternvoiced threats from the federal government about collecting delinquent student loans and defaulted EIDL loans. One of their collection tools is the Treasury Offset Program. It allows the feds to take some or even all of money is owes you to pay money that you owe the government. So many people plan […]

Filed Under: Consumer Rights, Small business, Taxes Tagged With: 2025, EIDL, Student loan, Treasury offset

Who Needs This Kind Of Help With Debts

By Cathy Moran

bankruptcy alternative

Eliminate your unsecured debt sooner than you ever thought possible. That’s the promise of one debt settlement company. It’s in their contract, not just their ads.  It must be so. The pitch preys on people’s profound desire to do the right thing.  Most people want desperately to pay their debts and avoid the “horror” that […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: bankruptcy alternatives

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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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