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Is There Life After Bankruptcy?

By Cathy Moran

frequently asked questions

Is bankruptcy worth it? If you see filing bankruptcy to get a fresh start as painful or less than honorable, you might wonder what life is like, on the other side of bankruptcy. What’s the return on taking the big step? I got a report from the other side this week from a Chapter 7 […]

Filed Under: Considering Bankruptcy, Featured, Life after bankruptcy, True Stories

What’s Your Retirement Theme Song?

By Cathy Moran

tax time

Why does tax season put me in mind of September Song ? Oh, the days dwindle down, to a precious few…. A precious few days to make your contribution to tax advantaged retirement accounts. Or, do you tap your foot to a different song:  Do You Believe in Magic?  Do you expect that finances in your old […]

Filed Under: Consumer Rights, Featured

Find The Hidden Mortgage Interest Tax Deduction In Bankruptcy

By Cathy Moran

MORTAGE INTEREST DEDUCTION

Is your Chapter 13 plan  paying back mortgage payments that were delinquent when you filed bankruptcy? If so, a mortgage interest tax deduction lurks, unclaimed, in the trustee’s records. Track down that tax deduction, add it to your tax return, and you reduce your federal income tax burden. But it’s difficult because, for reasons I […]

Filed Under: Chapter 13, Featured, Taxes Tagged With: 2017, tax deductions

Tax Deductions Hidden In Chapter 13

By Cathy Moran

tax deductions

Don’t miss the tax deductions hiding in your Chapter 13 bankruptcy. The same, very important debts that your Chapter 13 plan pays are often tax deductible. And you are still the person who’s paying, even if the trustee writes the check. Don’t miss out on those deductions. Tax deductions in bankruptcy Let’s look at some […]

Filed Under: Chapter 13, Featured, Taxes

Californians Can Now Keep Their Cars After Bankruptcy Without Reaffirmation

By Cathy Moran

bankruptcy reaffirmation

New California law, effective January 1, 2023, eliminates the need for bankruptcy debtors to reaffirm car loans in order to avoid repossession. Now, you can keep your car after bankruptcy, so long as you keep the payments current, without reaffirming the debt. Until now, reaffirmation had the effect of giving up the discharge as to […]

Filed Under: Featured, Strictly California Tagged With: 2023, bankruptcy, Car, car loan, reaffirmation

Does Bankruptcy Bar Retirement Savings?

By Cathy Moran

retirement contributions

Ongoing retirement saving by Chapter 13 debtors has been a touchy subject since the means test became a part of the bankruptcy scene. The means test was intended to squeeze every available dollar from consumer debtors. It works by limiting the expenses that can be deducted from income in figuring what a debtor can/must pay […]

Filed Under: Chapter 13, Featured Tagged With: 2020, means test, retirement

Your Vote, Your Voice

By Cathy Moran

voting matters

Government is serious work. For it to work well, it requires lawmakers who take those responsibilities seriously. Making laws requires making choices and expressing values. The rest of us live with those choices. As a bankruptcy lawyer, I live day to day with the vindictive and creditor friendly choices the Congress made in 2005 when […]

Filed Under: Featured

7 Essentials For Better Results From Filing Bankruptcy

By Cathy Moran

before filing bankruptcy

Plan before filing bankruptcy and you get better, more certain relief. Even if you’re not quite sure that you’re ready to take the bankruptcy plunge, scout the bankruptcy territory. Take some time to learn the rules and explore ways to maximize the relief available in bankruptcy. If you don’t plan ahead and just rush into […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2021, means test

What Can Bankruptcy Do About Back Taxes

By Cathy Moran

wipe out taxes

Bankruptcy wipes out taxes and leaves you with a clean slate. But somehow, the second biggest myth about bankruptcy is that taxes can’t be discharged. Wrong, wrong, wrong. The limits on discharging taxes in bankruptcy are few. You can’t discharge That’s it. Like anything in the law, there are details that make for hard reading. […]

Filed Under: Featured, Taxes Tagged With: 2022, discharge taxes

Pay Or Go To Jail Tops IRS List Of Tax Scams

By Cathy Moran

The phone caller recites his IRS badge number. Then he demands immediate payment of “overdue taxes” by wire transfer or debit card. Fail to pay, he warns, and you will be arrested. Or lose your license. Or be deported. Absolutely horrifying. And absolutely untrue. Yet this scenario is repeated often enough that it made the top […]

Filed Under: Featured, 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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