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Comparing Bankruptcy Chapters By Impact on Assets

By Cathy Moran

Chapter 7 v. 13

Will it be Chapter 7 v. 13? After you’ve made the decision to get a fresh start, you need to choose a bankruptcy chapter, usually Chapter 7 or Chapter 13. The choice of chapter is complex, involving many interconnected factors. Here we’re going to compare just the treatment of different kinds of assets in Chapter […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: 2021, chapters

When Giving Isn’t Good

By Cathy Moran

When you owe money to others, you are not free to give assets away. Or retitle them. Or put them in an irrevocable trust. That’s the universal principle of Anglo-Saxon law that prohibits fraudulent transfers. But the concept of a gift being wrong in the law is among the most difficult for ordinary folks to […]

Filed Under: Consumer Rights Tagged With: fraudulent transfer

Disarm The Debt Collector: Understanding The Weapons of Collection

By Cathy Moran

debt collector

You can stop a debt collector cold, wherever you live, using federal law. It doesn’t take a lawyer, a court, or an enforcer. That’s because the weapons of a debt collector are fear, shame, and annoyance. The weapon delivery system is communication. Those weapons don’t have to be any more threatening than a plastic toy […]

Filed Under: Consumer Rights Tagged With: 2016

Pay No Tax On Debt Discharged In Bankruptcy

By Cathy Moran

discharged debt

Debt discharged in bankruptcy is tax free, even if you get a 1099 claiming otherwise. It’s unnerving when you get a 1099 after you thought the debt, and all its complications, were gone. But for bankruptcy clients, the answer is simple: Debt discharged in bankruptcy is not taxable. Tax on cancelled debt The tax code […]

Filed Under: Consumer Rights, Taxes Tagged With: COD, discharged debt

Jailed For Debt In The USA?

By Cathy Moran

Jailed for debt

Worried about being arrested and jailed for not paying your bills? A surprising number of people think it’s possible. Yet the only way that you can end up in jail for not paying your bills comes from not opening the mail. Ignoring debt doesn’t work In my experience, people with money troubles often stop opening […]

Filed Under: Consumer Rights

Scammers Spoof IRS To Get Your Info

By Cathy Moran

computer scam

Tax season saw a 400% rise in fake email to taxpayers pretending to be from the IRS. The scammers want you to click a link, give them information, or otherwise open yourself to identity theft. Identity theft and the diversion of tax refunds is the number one tax scam.  Fake email is third. Protect yourself as […]

Filed Under: Consumer Rights, Taxes Tagged With: 2016

Is A Free Bankruptcy Consultation Worth It?

By Cathy Moran

No matter how much they’ve spent on other stuff, those shopping for a bankruptcy lawyer seem to expect a free consultation. “Everyone else offers a free consultation” I’m told. Not me:  I don’t do “free”. But I’ve come to doubt what other bankruptcy attorneys offer is really a free consultation. Oh, it may be free, […]

Filed Under: Consumer Rights, You & your lawyer

Annual IRA Contribution: Use It Or Lose It

By Cathy Moran

IRA contribution

Tax day approaches. With it comes the IRA contribution deadline. You expect to live for decades after you’re eligible for Social Security, don’t you? Then, you have only until April 15th to use the 2021 allowance for contributions to a tax-advantaged IRA. Miss making that 2021 contribution and it’s gone for all time. So, you […]

Filed Under: Consumer Rights Tagged With: retirement, taxes

Find The Right Cure for Your Debt Problems

By Cathy Moran

get out of debt

Get-out-of-debt advice and sales pitches abound. Like this one. But too few get-out-of-debt gurus tell you that you need a diagnosis of your financial ills before prescribing the cure. Is the stomach ache indigestion or appendicitis? Is it temporary upset or life threatening? The answer makes a big difference in how you treat it. No […]

Filed Under: Consumer Rights Tagged With: 2019, get out of debt

Your Tax Refund In The Crosshairs In Debt Collecting Season

By Mike Cardoza

debt collecting season

Who knew that there was a season for debt collecting?  My friend and colleague attorney  Mike Cardoza does.  See what he says. The beginning of the year  through about the end of March is the big season for debt collection! Why? Because collectors are pretty sure that you have some money in your pocket – […]

Filed Under: Consumer Rights Tagged With: 2018, tax refund

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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 on how I think law should work for the consumer and small businesses when it comes to debt.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

How To Pay For Bankruptcy When You’re Flat Broke

One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you're smart, an experienced lawyer to make sure … Read more

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