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What You Need To Know About Reaffirmation In Bankruptcy

By Cathy Moran

bankruptcy reaffirmation

Decisions, decisions. Are you going to reaffirm the car loan? Your bankruptcy filing requires that you state your intentions about reaffirmation right up front. Translated, that means what are you going to do about the car after bankruptcy.  The car on which you still owe money and need to get to work. In the midst […]

Filed Under: How bankruptcy works Tagged With: 2016

Three Reasons To Divorce Your Bank Before Bankruptcy

By Cathy Moran

Banks do funny things when a customer files bankruptcy. Only many are not so funny. Whether your relationship with your bank has been good or not, there may be grounds for divorce before you file your bankruptcy case. Or at least consider whether there are grounds for a separation. Set off Your bank owes you […]

Filed Under: How bankruptcy works

It’s Who You Owe In Bankruptcy

By Cathy Moran

WHO to list in your bankruptcy case is a question I hear lots. My response: bankruptcy is all about WHO you owe, not so much about HOW MUCH you owe, when you file. WHO, WHO, WHO. Which is why one of the most important tasks in filing bankruptcy is to write down everyone you owe […]

Filed Under: How bankruptcy works

How To Exclude A Debt From Your Bankruptcy Discharge

By Cathy Moran

debts to pay

Some debts  you may want to carve out of your bankruptcy discharge.  Debts that for one reason or another, you really WANT to pay after your bankruptcy. I get it. There are ways to properly exclude a debt from discharge and ways to screw it up. The first way that folks try is simple, and […]

Filed Under: How bankruptcy works Tagged With: 2018, reaffirmation

Does My Bankruptcy Lawyer Need To Be From My City?

By Cathy Moran

find local bankruptcy lawyer

If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but “local” means active before the judges in the federal judicial district where you live. It doesn’t mean having an office around […]

Filed Under: How bankruptcy works, You & your lawyer

Bankruptcy Alphabet: C is for Counseling

By Cathy Moran

Counseling, delivered by an approved provider, before the bankruptcy case is filed, is required. Fail to get counseling and your case will be dismissed. That’s my “C” word in the bankruptcy alphabet. Prebankruptcy counseling is supposed to insert an objective third party between the beleaguered individual who needs relief and the greedy lawyer who, according […]

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

4 Rules For Testifying At Your Bankruptcy Meeting of Creditors

By Cathy Moran

going to court

Testifying at your bankruptcy hearing? Worried sick? What are they going to ask me?, you wonder. My bankruptcy clients imagine a quiz on the contents of their bankruptcy papers. Or worse, an inquisition on why they needed to file bankruptcy. That’s not likely.  The first meeting of creditors is much more likely to be a […]

Filed Under: How bankruptcy works Tagged With: 341, court appearance, first meeting, rules for testifying, testify

What To Disclose In Bankruptcy Papers

By Cathy Moran

If the headline drew you in, like the Geico gecko, you can complain you’ve been duped. There’s no decision involved: in bankruptcy papers, you disclose everything. Period. Disclosure is the price of the bankruptcy discharge. Shortchange the system by leaving out inconvenient facts and you risk both the omitted asset and the discharge. Understand the […]

Filed Under: How bankruptcy works

What happens in Vegas…

By Cathy Moran

gambling debts

May make you a felon. Funny, the Las Vegas PR doesn’t mention criminal prosecution for unpaid gambling markers. Yet Nevada treats gambling markers like negotiable instruments (i.e. checks).  Failure to satisfy a marker within 30 days can lead to criminal charges. Gambling debts gone in bankruptcy Most bankruptcy courts have held that gambling debts are […]

Filed Under: How bankruptcy works

Bankruptcy Alphabet: B Is For Business

By Cathy Moran

Business is my bankruptcy “B’ word. Business debt of the individual filing bankruptcy is dischargeable just as other personal debt. In Silicon Valley, the very innovation and risk taking that makes the Valley vibrant brings with it the risks of not making it in the marketplace. Bankruptcy can be the “do over” vehicle, freeing manpower and […]

Filed Under: ABC's of bankruptcy, 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

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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