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Danger In Delaying Division of Property In CA Divorce

By Cathy Moran

dividing assets at divorce

Delay dividing property in your California divorce and a bankruptcy filing may cost you any shred of control over the division. All it takes is for your ex-spouse to file bankruptcy, and all the assets and the debts of the marriage become entangled in a bankruptcy case. Understand California community property That’s because your assets […]

Filed Under: Consumer Rights, Family Law Tagged With: community property, divorce, property division

Personal Assets Can Be At Risk For Your Business Debts

By Cathy Moran

business debts

Business debt can bleed over into an entrepreneur’s personal assets.  Hearing me say that, my client was dumbfounded. He was aghast that the generous equity in the home he and his wife owned was at risk when his corporate business folded. That was not because the shareholder is liable for the corporation’s debts.  A properly […]

Filed Under: Consumer Rights, Small business, True Stories Tagged With: 2017

DYI Bankruptcy Did Him In

By Cathy Moran

For a layman filing a bankruptcy without a lawyer, he didn’t do too badly. He got credit counseling and filed the certificate. He completed the schedules fairly well. He even filed a pro se adversary proceeding to enforce the automatic stay when the foreclosure on a multi million dollar property went forward despite the bankruptcy. […]

Filed Under: Consumer Rights, True Stories, You & your lawyer

10 Must-Know Things About Money Judgments

By Cathy Moran

judgment at law

What does it mean when a money judgment is entered against you in a lawsuit? It’s not the end of the world, but it has serious financial repercussions. Here are 10 critical things you need to know about legal judgments. More What to do when you’ve been sued Fighting a wage garnishment Protecting your assets […]

Filed Under: Consumer Rights

Don’t Let Your Bank Pick Your Pocket

By Cathy Moran

The right of your bank to take your money when you aren’t looking stops at your credit card. Your bank may be entitled by common law to setoff what it owes you from what you owe it on the garden variety debt. But the federal Fair Credit Billing Act  forbids a bank who has issued you a […]

Filed Under: Consumer Rights Tagged With: 2015, credit card

How to get copies of your bankruptcy papers

By Cathy Moran

get bankruptcy papers

When you need to get copies of your bankruptcy papers, there’s a long line of people ready to rip you off. I mean, really rip you off. I’d list the companies prepared to overcharge you, but I don’t want to give them any more visibility than they already have. You may need to get bankruptcy […]

Filed Under: Consumer Rights

Can You Get A Car Loan After Bankruptcy?

By Cathy Moran

car loan after bankruptcy

Wheels are essential for most of us to get to work. And whatever you’re driving when you file bankruptcy will need to be replaced at some point. So, how are you going to finance that next car if you’ve just filed bankruptcy and face 7-10 years with the bankruptcy on your credit report? The credit […]

Filed Under: Consumer Rights, Life after bankruptcy Tagged With: 2016

Who To Pay After Bankruptcy

By Cathy Moran

bills after bankruptcy

You’ve filed bankruptcy. Your creditors are stayed. A bankruptcy discharge is ahead. You’re out from under unrelenting pressure to pay creditors. But don’t let your sense of relief keep you from planning:  who should you pay after your case is filed? Paying creditors after filing bankruptcy Two legal realities drive who needs to be paid […]

Filed Under: Consumer Rights Tagged With: 2016, after bankruptcy

Did You Tell The Whole Truth In Your Bankruptcy Papers?

By Cathy Moran

bankruptcy hearing

You must “tell the truth” on your bankruptcy paperwork, bankruptcy advice sites intone. Most of us shrug that off: we can’t imagine deliberately lying to a court. But carelessness about bankruptcy schedules abounds. If you give the bankruptcy paperwork just a lick and a promise, the resulting schedules aren’t truthful, not because of lies, but […]

Filed Under: Consumer Rights, How bankruptcy works

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

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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

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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