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Bankruptcy Alphabet: F is for First

By Cathy Moran

In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the that meeting; it produces unwarranted anxiety that is avoidable if you understand what’s up. Let’s check it out. The first meeting of creditors, also called the 341 meeting, is often the only time a debtor has to appear […]

Filed Under: ABC's of bankruptcy, How bankruptcy works Tagged With: 341, first meeting, trustee meeting

Bankruptcy Alphabet: R is for Retirement

By Cathy Moran

R for Retirement in Bankruptcy Alphabet

In my bankruptcy alphabet, R stands for Retirement. Retirement plans and IRA’s are safe in whatever chapter of bankruptcy you file. Your rights in an employer’s pension plan or a union pension plan are not even part of the property of your bankruptcy estate.  The Supreme Court held almost 20 years ago that ERISA qualified […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Bankruptcy Alphabet: Z is for Zillion

By Cathy Moran

Bankruptcy Alphabet: Z

In my bankruptcy alphabet, Z is for zillion. Zillion is a real word but a made-up number.   For certain, it’s lots and lots. It takes a zillion details, it seems, to file a bankruptcy case. And it goes on. Guess what?  The 2005 Congress who passed the bankruptcy reform act wanted to make it detailed […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Acing Bankruptcy’s Means Test For Those Over Median Income

By Cathy Moran

acing the means test

Your future living expenses may be the key to passing the bankruptcy means test. Those who are under median income for their state have already passed the means test. Those over median income move on to the expense portion of the test to calculate whether they have more than the allowed disposable income. Most often, […]

Filed Under: How bankruptcy works Tagged With: 2024, expenses, means test

What looks bad to the trustee in prebankruptcy conduct

By Cathy Moran

before filing bankrutpcy

Wondering what bankrutpcy trustees look for when they ask for bank statements and question you at the 341 meeting? Worried that a bankruptcy trustee will examine your situation and somehow disqualify you from bankruptcy because of something you did (or didn’t do) right before you filed? Not to worry. Your bankruptcy discharge does not depend […]

Filed Under: How bankruptcy works Tagged With: 2024, 341, first meeting of creditors, spending before filing, trustee wants bank statements

How Much Is My Chapter 13 Payment

By Cathy Moran

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 […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: how much, plan payment

Skip Bankruptcy’s Means Test

By Cathy Moran

skip means test

The couple was despondent when another bankruptcy attorney told them that, despite $100,000 in old taxes, they couldn’t file Chapter 7. This fine fellow told them that the means test showed they had $3000 of disposable income per month.  A Chapter 7 would be an abuse of  bankruptcy under the law. Only Chapter 13 was […]

Filed Under: Featured, How bankruptcy works, Taxes Tagged With: 2019, means test

Bankruptcy Schedules Are More Than Just Paperwork

By Cathy Moran

bankruptcy papers

Bankruptcy paperwork can make you feel like you are drowning in paper. There’s your paper; there’s the paper your lawyer needs.  And there’s the paper the court insists on. Why bankruptcy schedules worth the work It’s easy to try to skate. To cut corners.  To shut down. But that paper is critical. Nearly every question, […]

Filed Under: How bankruptcy works Tagged With: 2017, paperwork, schedules

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

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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

Bankruptcy Alphabet: F is for First

In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the that meeting; it produces unwarranted anxiety that is avoidable if you understand what's up. Let's check it out. The first meeting of creditors, also called the 341 meeting, is often the only time a debtor has to appear … Read more

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