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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

How The Bankruptcy Liquidation Tests Really Work

By Cathy Moran

Is the Chapter 7 trustee going to sell your house when there’s $5000 in non exempt equity? Do you have to pay the total of the equity in your assets to creditors in Chapter 13 under the liquidation test? Far from it. Just because you have equity on paper does not mean a bankruptcy trustee […]

Filed Under: Chapter 13, Consumer Rights Tagged With: best interests of creditors, liquidation, sale of assets

What You Can Do With Money Before Filing Bankruptcy

By Cathy Moran

spending before bankruptcy examined

Worried that a bankruptcy judge or trustee is going to scour your spending before bankruptcy, looking for behavior that would disqualify you from bankruptcy relief. It’s not so. Yet there seems to be real anguish that “they” are going to toss your case out of bankruptcy court because of some “fault” in how you’ve handled […]

Filed Under: Consumer Rights

Will I Get a Discharge in My Bankruptcy Case

By Cathy Moran

bankruptcy discharge

Getting a bankruptcy discharge is what almost all cases are about. So the question of whether or not you’ll get a discharge looms large in Chapter 7. The short answer is that if you are eligible for a discharge, you’re almost certain to get a discharge. Eligibility, in this context, looks at whether you’ve gotten […]

Filed Under: Consumer Rights Tagged With: 2023

At Risk of Repossession? How To Keep The Car & Pay Less

By Cathy Moran

car repossession

If you are one of the  7 million Americans late on your car payments and living in fear that your car will be repossessed, consider how Chapter 13 bankruptcy can save your wheels. Losing your car can accelerate a torrent of nasty financial consequences. No car, no way to work. No work, no income. So, […]

Filed Under: Chapter 13, Consumer Rights Tagged With: 2019, car loan, Chapter 13 car, Repossession

Can Your Creditor Get A Lien On You?

By Cathy Moran

Can “they” put a lien on me? If you have debts you can’t pay, that’s a critical question. The man sitting across the desk from me owed a fistful of taxes.  He proposed to transfer his interest in the family home to save the house from the tax lien which was filed against him. He […]

Filed Under: Consumer Rights Tagged With: liens

How To Pick A Bankruptcy Lawyer

By Cathy Moran

interview a bankruptcy lawyer

How do you pick a bankruptcy lawyer when you’ve never hired any lawyer and never before considered filing bankruptcy? What do you ask a bankruptcy lawyer to determine if the lawyer is the right one for you? After all, the conversation has to move beyond “what does bankruptcy cost?” Financial troubles are tough and bankruptcy […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: 2016, choose a lawyer, find a lawyer, pick a lawyer

Client “wants to think” before getting good bankruptcy information

By Cathy Moran

considering bankruptcy

The caller with a pending foreclosure sale called and canceled an initial consultation with me last week.   He wanted to “think about it” before coming in.  Huh? Think about being homeless? Think about the cost of getting relief through bankruptcy? Think about confronting a dire situation? It was almost as if gathering information about options […]

Filed Under: Considering Bankruptcy, Consumer Rights, True Stories

Life After Bankruptcy: What’s It Really Like?

By Cathy Moran

life after bankruptcy

What’s life really like after bankruptcy? Everyone suffering through financial difficulties wants to know whether filing bankruptcy just trades one form of pain for another. Will you be shut out of the American dream forever?  Unable to function in a world centered on electronic payments? Here’s a collection of our best stories and advice on […]

Filed Under: Consumer Rights, Life after bankruptcy Tagged With: 2018, life after bankruptcy

Deal With Your Taxes After Bankruptcy

By Cathy Moran

taxes after bankruptcy

When you’ve still got taxes after bankruptcy, things can get complicated. That’s because some taxes got discharged in bankruptcy, while others may live on. The taxes that live on get an extension on their life span. And liens after Chapter 7 just keep on chugging. So let’s make sense of taxes after bankruptcy. Which taxes […]

Filed Under: Consumer Rights, Taxes Tagged With: 2022, tax liens, 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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