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Can You Sell Assets Before Bankruptcy

By Cathy Moran

sell stuff before bankruptcy

Thinking about filing bankruptcy?  Folk wisdom supplies many “rules” about the period leading up to actually filing bankruptcy: This kind of thinking will have you frozen in time and space like this insect in amber. Only, this folk “wisdom” is all wrong. Here’s how to manage money before filing without messing up your right to […]

Filed Under: Before You File, How bankruptcy works Tagged With: before filing bankruptcy, sell assets

Bankruptcy Without A Discharge: Why Chapter 20 Works

By Cathy Moran

13 without discharge

What does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? Lots, actually. It’s complicated.  Powerful, but complicated. Let’s see how all the parts interact when your Chapter 13 is filed before you’re eligible for a discharge. Law limits discharge The bankruptcy code doesn’t limit when you can file bankruptcy;  it […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: 2018

Does THIS Violate My Bankruptcy Discharge?

By Cathy Moran

discharge violation

When creditors contact you after your bankruptcy, you need to know what actions violate the discharge, and which are permitted by law. Having been through the financial wringer and having been proactive to get out from under old bills,  you hope for a tranquil and prosperous life after bankruptcy. When creditors violate the discharge, they […]

Filed Under: How bankruptcy works Tagged With: 2017, collection, discharge

Six Tips For A Worry-Free Bankruptcy

By Cathy Moran

What happens after filing bankruptcy ? Your bankruptcy case is filed. After you’ve assembled all the paper, after you’ve answered endless lawyer questions, and after you’ve filed all the bankruptcy schedules in your case with the court. what do you need to do now? Actually, relatively little happens after you’ve filed your bankruptcy.  The heavy […]

Filed Under: How bankruptcy works Tagged With: after bankruptcy

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

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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

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. The struggle often seems Herculean. Sometimes, they will tell me they don't want to include their car loan in the case because they "need the car". Sometimes I find the … Read more

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