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When Is Individual Business Owner Liable for California Sales Tax

By Cathy Moran

California sales tax

Even when corporate retailers collect California sales taxes from customers, the individuals running the entity face liability for that debt. That’s because, , if the business doesn’t pay, state law allows collection from the business owners themselves The rules are complicated and the results can be harsh if the business falls behind. So business people […]

Filed Under: Small business, Strictly California, Taxes

New California Homestead In Action

By Cathy Moran

california homestead

The California homestead increase effective January, 2021brought the homestead closer into line with the cost of a home in the Golden State. It’s a change for the better. But how will the change impact the balance of homestead law? Time, or further legislation, will tell. The newly enacted version of California Code of Civil Procedure […]

Filed Under: Strictly California

Do I qualify for bankruptcy in the Bay Area?

By Cathy Moran

San Francisco Bay Area

The higher-than-average wages in the Bay Area don’t disqualify you from bankruptcy, despite rampant misinformation about the bankruptcy means test. The means test, added to bankruptcy law in 2005, was (poorly) designed to keep above-average earners out of bankruptcy. But it hasn’t worked in the Bay Area, largely because of the cost of housing here. […]

Filed Under: Strictly California Tagged With: 2022, Alameda, Bay Area, means test, San Francisco, San Mateo, Santa Clara, Santa Cruz

More Californians Eligible For Expanded Pandemic Mortgage Relief Grants

By Cathy Moran

help with home mortgage

Need help with your California house payments due to COVID? Grants from California’s mortgage relief fund are now available to cover delinquent property taxes and defaults on second mortgages. The expanded eligibility includes those who have previously received grants. Almost $700 million remains in the fund, created in 2021, to preserve homeownership from the ravages […]

Filed Under: Strictly California Tagged With: 2023, default, mortgage payments, pandemic, property taxes

Danger In Delaying Division of Property In CA Divorce

By Cathy Moran

dividing assets at divorce

Delay dividing property in your California divorce and a bankruptcy filing may cost you any shred of control over the division. All it takes is for your ex-spouse to file bankruptcy, and all the assets and the debts of the marriage become entangled in a bankruptcy case. Understand California community property That’s because your assets […]

Filed Under: Family Law, Strictly California Tagged With: community property, divorce, property division

California drivers score huge bankruptcy win

By Cathy Moran

car after bankruptcy

California law, effective January 1, 2023, will assure those who file bankruptcy that they can keep their car as long as they stay current on payments. The onerous requirement that a debtor give up their discharge as it pertains to the car lender is eliminated. The same bill, SB 1099, increases the exemption for equity […]

Filed Under: Strictly California Tagged With: 2022, california exemptions, reaffirmation, ride-through

Women win new protections in California exemption law

By Cathy Moran

exemptions benefiting women

New California exemption laws will expand protections for alimony and eliminated a barrier to filing for bankruptcy protection without the involvement of an estranged spouse. Although not limited to women, in the bulk of cases in my 40+ years of practice, it’s women who will most often benefit from these changes. Exemptions operate to define […]

Filed Under: Strictly California Tagged With: 2023, alimony, exemptions, spousal waiver, support

No More Lawsuits On Old Debt In California

By Cathy Moran

law has teeth

California law on debt collection finally has teeth. Under new California law, a creditor must allege that the statute of limitations has not run when it files a lawsuit. No more suing on long-dead debt and winning unless the consumer files an answer and pleads the statute of limitations. No more collectors relying on consumers […]

Filed Under: Strictly California Tagged With: 2020, California, collection, limitations

Do You Get The Bankruptcy Grubstake Exemption?

By Cathy Moran

How bankruptcy grubstake exemption works

The word grubstake never appears in the Bankruptcy Code or the California Code of Civil Procedure where the exemptions available in bankruptcy cases filed in California are found. Yet every bankruptcy lawyer uses the phrase; and seemingly, every bankruptcy debtor struggles to understand it. What’s a bankruptcy grubstake Here’s the standard English definition of grubstake. […]

Filed Under: Strictly California

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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

The Biggest Lie About Bankruptcy

Read anything about Chapter 7 and you get, "Your possessions are sold in Chapter 7 bankruptcy." That is, flat out, the biggest lie about bankruptcy. It's a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off from getting relief from debts they … Read more

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