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Search Results for: exemption planning

Consider The Clawback of Pre-bankruptcy Transfers Before Filing

By Cathy Moran

bankruptcy clawback

If you don’t understand clawback in bankruptcy, you might think that bankruptcy involves only what you have when you file. But that’s not how it works. Bankruptcy law gives a bankruptcy trustee to power to unwind transactions and transfers that diminish what the debtor has on the day the case is filed. The idea is […]

Filed Under: Before You File, How bankruptcy works Tagged With: 2022, avoidance, fraudulent transfer, preference

Keep Your Tax Refund Through Your Bankruptcy

By Cathy Moran

keep tax refund

For most of us, finding out that we are getting a sizable tax refund is great news. But if you’ve recently filed a Chapter 7 bankruptcy, hold your celebration. That refund may not be yours. You have a bankruptcy estate When you file bankruptcy, all of your assets become a “bankruptcy estate”.  The estate includes […]

Filed Under: Featured, Taxes

How To Spend Money Before Filing Bankruptcy

By Cathy Moran

checks float before bankruptcy

Trying to spend down cash before filing bankruptcy? It’s time to talk about the float. Not the root beer float, though that would be more fun. The bank “float”:  the period between writing a check and it clearing your bank. (We’ll talk about what to spend on before filing bankruptcy, too). When you file bankruptcy, […]

Filed Under: Before You File, How bankruptcy works Tagged With: cash, exemption planning, exemptions, pre-filing spending

Means Test As Three Dimensional Chess

By Cathy Moran

means test

Means test issues in bankruptcy extend far beyond how much income you have. The allowable expense deductions for your life after filing bankruptcy count, too. After an hour long initial consultation with a client, these complexities became clear when the client tagged the means test with incredible clarity. It’s like playing three dimensional chess Pretty […]

Filed Under: Considering Bankruptcy, How bankruptcy works, Means test Tagged With: 2018

Keep Your Tax Refund Despite Filing Bankruptcy

By Cathy Moran

Bankruptcy and your tax return

Usually, we’re touting pre bankruptcy planning:  know what’s exempt, what debts will survive bankruptcy, and arrange your affairs to lose as little as possible to a bankruptcy trustee. There’s one bit of tax and bankruptcy planning that you can do after you file bankruptcy.  That’s despite the fact that bankruptcy is generally a snapshot of […]

Filed Under: How bankruptcy works

Terminate Cell Phone Penalties in Bankruptcy

By Cathy Moran

I’m accustomed to advising those on the verge of filing bankruptcy about big ticket debts like mortgages, student loans, and back taxes. I was surprised when a client, resigned to letting her house go to foreclosure after the bankruptcy, was absolutely delighted to know that she could free herself from her unhappy relationship with Verizon Wireless […]

Filed Under: How bankruptcy works, True Stories

Free Retirement Advice By Professional Advisor Comes Up One Tool Short

By Cathy Moran

The 65 year old woman featured in the newspaper’s Money Makeover series got a  free review of  her financial situation by a professional financial advisor. Over her working lifetime, she’s been the source of financial support for an extended family, including her aged mother and a disabled sister. Her aid to her family has come […]

Filed Under: Considering Bankruptcy, True Stories

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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

Can Creditors Object To My Bankruptcy Case

Creditors in a bankruptcy case get 60 days from the 341 meeting to file objections. Just what kind of objections can a creditor in a bankrupty file? Is your case at risk? Creditors can object to two things: the dischargeability of their claim against the debtor or the grant of a discharge as to all debts. They … Read more

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