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$7000 Off The Price Of The Car In Chapter 13

By Cathy Moran

car loan in 13

How would you like to reduce your car payment, by lots? In a recent case, Chapter 13 allowed my client to save $7000 off the loan balance based on an examination of the car finance contract. You couldn’t see the issue from the monthly statement. When I got the finance agreement itself, I found the […]

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

When Can I File Bankruptcy Again

By Cathy Moran

file bankruptcy again

You can file bankruptcy tomorrow, so long as you don’t currently have a bankruptcy case pending. When you can get a discharge in that case is a different story. The Bankruptcy Code limits the frequency of getting a discharge, not the filing and completion of the bankruptcy case. My friend Gene Melchionne wrote a marvelous […]

Filed Under: How bankruptcy works, True Stories

Personal Assets Can Be At Risk For Your Business Debts

By Cathy Moran

business debts

Business debt can bleed over into an entrepreneur’s personal assets.  Hearing me say that, my client was dumbfounded. He was aghast that the generous equity in the home he and his wife owned was at risk when his corporate business folded. That was not because the shareholder is liable for the corporation’s debts.  A properly […]

Filed Under: Consumer Rights, Small business, True Stories Tagged With: 2017

What Everyone Knows About Bankruptcy: Not

By Cathy Moran

torture device

Lots of people profess to know all about bankruptcy. Whether they have good information or not. But other professionals should know better than to advise people about the workings of bankruptcy. And if they don’t know better, they should be made to pay, in some exquisitely painful way, for the harm they inflict. The rack […]

Filed Under: Considering Bankruptcy, How bankruptcy works, True Stories

Bankruptcy Alternatives Cost More, Deliver Less

By Cathy Moran

bankruptcy alternatives

Bankruptcy alternatives often suck. The on-line story of one customer of a debt settlement company particularly sticks with me. Using the “services” of this company, the poster now has six judgments of record and two garnishments in process. The debt settlement company, however, has its full fee. One man I represented went to a debt […]

Filed Under: Featured, True Stories

California Homestead Exemption: The Truth Isn’t What You Think

By Cathy Moran

patchwork

“They can’t take my house, whatever happens.  Right?” The young man in my office “knew” how the California homestead works: he insisted that his home was exempt as a California homestead, even if he filed bankruptcy. He “knew” that credit card debt was dischargeable. And that “knowledge” lead to his conviction that , in bankruptcy, […]

Filed Under: Strictly California, True Stories Tagged With: 2018

Which Bankruptcy Chapter Is Right For Me?

By Cathy Moran

choose bankruptcy chapter

Seven or Thirteen? 13 or 7? When you have a choice, how do you decide which chapter of bankruptcy works best? Usually, the choice is driven by the scope of the discharge and the kind of debts you have. More kinds of  debts are dischargeable in Chapter 13 and the automatic stay protects you for the […]

Filed Under: Consumer Rights, True Stories Tagged With: 2016, choose chapter

Tax Liens Live On After Bankruptcy, Unless….

By Cathy Moran

You mean the tax liens won’t  go away when I get a bankruptcy discharge? The client was startled that the lien would live on beyond his bankruptcy. So, if all my debt doesn’t go away, what do I get from the bankruptcy discharge?  he asked. I thought the tax debt went away when I filed. […]

Filed Under: Featured, Life after bankruptcy, Taxes, True Stories

The Means Test: Badly Mangled

By Cathy Moran

Another purported financial professional has confidently and conclusively gotten the bankruptcy means test absolutely dead wrong. And used that wrong conclusion to steer someone away from bankruptcy. Mt. St. Helens has nothing on me in terms of venting. How can financial professionals get this so wrong, more than a decade after the means test was enacted? Mangling the […]

Filed Under: How bankruptcy works, True Stories

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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 on how I think law should work for the consumer and small businesses when it comes to debt.

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 … Read more

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