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The Most Costly Community Property Blunder

By Cathy Moran

california property

What do you do when creditors from your spouse’s past threaten? Chances are your first reaction is to put the title to your biggest assets in just your name. Whew! Safe. Not. Just because  the deed to the house now reads Jane Doe instead of John Doe and Jane Doe it’s easy to think the house is Jane’s separate […]

Filed Under: Family Law, Strictly California

SuperLawyer

By Cathy Moran

Cathy Moran Super Lawyer

I’ve been named a SuperLawyer among Bay Area bankruptcy lawyers. That makes 14 years running. It’s flattering, but probably not much more than that. The real measure of my skills is in the clients’ lives whom I’ve impacted and the young bankruptcy lawyers I’ve mentored. In the meantime, I’m waiting for my cape to be […]

Filed Under: Strictly California Tagged With: 2018

California Courts Provide On Line Help

By Cathy Moran

legal help

Individuals with matters before the state courts of California have an updated resource in the Self Help Center. The information here can be either good background if you have a legal problem or a treasure-trove if you expect to represent yourself in court. It even includes a section on bankruptcy, as part of the materials […]

Filed Under: Strictly California

California Stimulus Checks Available Only When You File Your Tax Return

By Cathy Moran

California stimulus check

Are you eligible for a California stimulus check? This state program provides cash payments to low and moderate income individuals, regardless of immigration status. But the stimulus checks are tied to filing a tax return. No tax return, no California stimulus check. Mind you, this Golden State Stimulus is in addition to the federal stimulus […]

Filed Under: Strictly California Tagged With: 2021, California stimulus, relief check

California Garnishment Now Provides Greater Protection Of Wages

By Cathy Moran

Workers making close to the California minimum wage got additional protection from wage garnishments under a change in the law effective back in 2013. With the annual increases in the state minimum wage, in 2019 California law now protects an employee’s weekly net wages up to 40 times the state minimum wage, currently $11 to $12 […]

Filed Under: Considering Bankruptcy, Strictly California

Free Tax Preparation Offered In Bay Area

By Cathy Moran

free tax preparation

Households with an annual income of $54,000 or less can have their tax returns prepared for free through the Bay Area United Way’s Earn It, Keep It, Save It program. Earned Income Tax Credit The Earn It, Keep It, Save It campaign is particularly focused on enabling qualifying individuals and families to access this tax […]

Filed Under: Strictly California, Taxes Tagged With: 2018

Debt Collectors Distort Law On Debts Of Spouses

By Cathy Moran

distorted law

Debt collectors claim you are personally liable for your spouse’s, debts. Or even for your ex-spouse’s debts. That’s a (convenient) lie. California community property law is complicated. I get it. It shouldn’t surprise me that debt collectors don’t understand community property. Or maybe, they find it inconvenient to understand.  Or maybe, they deliberately distort the […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: debts of marriage

What To Do When Served With A Collection Lawsuit

By Cathy Moran

Being served with papers in a California collection lawsuit doesn’t generally help your critical thinking process. In fact, that surge of adrenaline seems to blur the eyes and fog the brain. So when you scan the lawsuit papers and see a date, months down the road, you exhale and set the problem aside for another day. […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: California, collection suit

California Only Middling In Protecting Families From Debt Collectors

By Cathy Moran

California's report card

When it comes to protecting working families from debt collectors, California gets a B, according to a study of state exemption laws conducted by NCLC. That’s up from the C it got in the last survey. No state got an A in the study: Utah, Alabama, New Jersey, Tennessee and Michigan rated F’s. State exemption laws […]

Filed Under: Strictly California

California Gets New Homestead

By Cathy Moran

California homestead

The California Legislature enacted a dramatic increase to the state’s homestead law at the very end of the legislative session in August. It became effective January 1, 2021. The dollar amount of the homestead increased to a minimum of $300,000 and a maximum of $600,000. Gone is the link between age, marital status or dependents. […]

Filed Under: Strictly California Tagged With: California, exemptions, homestead

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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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