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The Worst Reason To Choose Debt Settlement Over Bankruptcy

By Cathy Moran

The guy with an old debt asked if bankruptcy or debt settlement would cause greater damage to his “credit”. The money advice columnist gave the right answer to the wrong question. She got it backwards. She advised that bankruptcy was more damaging given that the nagging debts were already three years old and would drop off his […]

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

Can You Spot The Signs Of A Collection Scam

By Cathy Moran

It’s pretty scary when a $300 payday loan turns into an investigation by the Federal Crimes Bureau. Not only was the recipient of the collection letter  below being  “investigated for crimes”,  his Social Security number would be suspended, and a court case initiated against him immediately. At great cost and embarrassment. Unless, of course, he sent the […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories Tagged With: jail for debt, scam

Bail Yourself Out Of Payroll Tax Trouble

By Cathy Moran

Business owners with unpaid payroll taxes are in deep trouble. Even if the employer is a corporation, the corporation’s managers are personally liable for the trust fund portion of unpaid payroll taxes. There’s no corporate shield when it comes to payroll taxes. You are in the IRS’s cross hairs, personally, if the business hands out “net” checks […]

Filed Under: Consumer Rights, Small business, Taxes Tagged With: 2016

What Should Bankruptcy Cost?

By Cathy Moran

pay for bankruptcy

Pick a cheap bankruptcy lawyer and it could really cost you. We’re trained as consumers to find the lowest price for stuff we buy. But picking a lawyer is not the place for economy. But how can you know what a bankruptcy should cost when you’ve never hired a lawyer before and you don’t want […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: bankruptcy lawyer

Stay At Home Doesn’t Mean Get Left Behind At Retirement

By Cathy Moran

Just because you don’t work outside the home doesn’t mean you can live on nothing in your old age. If you are married and your spouse has qualifying income, you can contribute to a spousal IRA. And you should. The IRA rules for a nonworking spouse are essentially like the rules for an employed person: […]

Filed Under: Consumer Rights Tagged With: IRA, non-working spouse, retirement

When Your STBX Files Bankruptcy: An Action Plan

By Cathy Moran

stbx bankruptcy

Whether the news comes by phone or mail, the notice that your soon-to-be-ex spouse has filed bankruptcy can bring fear and confusion. You need some facts and a plan, now. So let’s look at how bankruptcy affects a non filing spouse and how to chart a course through a STBX bankruptcy case. Child support safe […]

Filed Under: Consumer Rights, Family Law Tagged With: divorce, family law

Which Bankruptcy Chapter Is Right For Me?

By Cathy Moran

choose bankruptcy chapter

Seven or Thirteen? 13 or 7? When you have a choice, how do you decide which chapter of bankruptcy works best? Usually, the choice is driven by the scope of the discharge and the kind of debts you have. More kinds of  debts are dischargeable in Chapter 13 and the automatic stay protects you for the […]

Filed Under: Consumer Rights, True Stories Tagged With: 2016, choose chapter, timing

The Unexpected Loss When Tax Returns Filed Late

By Cathy Moran

late tax returns

Late tax returns can cost you big-time. File seriously late returns and you get no credit for toward your Social Security. Betcha didn’t know there was a connection between income taxes and your Social Security benefits.  This was a new one for me. I’ve written often about the negative consequences of putting off filing tax returns. But […]

Filed Under: Consumer Rights, Taxes Tagged With: 2018, social security

Asset Protection For Free

By Cathy Moran

Before you sign up with the guy in the ad, explore free asset protection, courtesy of Uncle Sam. Everyone would like to enjoy their money without worry about creditors taking it from you. That’s the point of asset protection. A substantial industry run by expensive professionals will scatter your money between interlocking partnerships and off-shore corporations […]

Filed Under: Consumer Rights Tagged With: asset protection, creditor suits, exemptions

Can A Trust Protect You In Bankruptcy?

By Cathy Moran

protect assets in bankruptcy

Can a living trust protect your assets in bankruptcy? Or, anywhere else? According to the lawyer advertising and the self-help books, everyone needs a living trust. The asset protection industry loves irrevocable trusts, another much touted trust. An irrevocable trust gets assets out of your name for all time. Unless of course, they are attacked in […]

Filed Under: Consumer Rights Tagged With: 2017

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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

How Much Is My Chapter 13 Payment

Intrigued by Chapter 13, but worried about how much your Chapter 13 payment might be? OK, let's walk through what your payment must be by law and what you want that payment to cover to get a fresh start. Part of the power of Chapter 13 is that you write the plan, with the help of your bankruptcy lawyer. Forget … Read more

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