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Search Results for: do you need to file bankruptcy

What looks bad to the trustee in prebankruptcy conduct

By Cathy Moran

before filing bankrutpcy

Wondering what bankrutpcy trustees look for when they ask for bank statements and question you at the 341 meeting? Worried that a bankruptcy trustee will examine your situation and somehow disqualify you from bankruptcy because of something you did (or didn’t do) right before you filed? Not to worry. Your bankruptcy discharge does not depend […]

Filed Under: Consumer Rights Tagged With: 2024, 341, first meeting of creditors, spending before filing, trustee wants bank statements

What’s The Income Limit for Filing Bankruptcy

By Cathy Moran

bankruptcy income limit

Actually, there’s no income limit for filing bankruptcy. None, nada, no way. Instead, there’s the infamous means test, an awkward and complex formula, written by Congress, to identify individuals who are entitled to file Chapter 7. Not everyone has to take the means test. The means test doesn’s apply to individuals whose debt is primarily […]

Filed Under: Consumer Rights, Means test Tagged With: 2024, income limits, means test

Cheat Sheet For Passing Bankruptcy Means Test

By Cathy Moran

cheat sheet for means test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it’s health care. It’s health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means […]

Filed Under: Featured, How bankruptcy works, Means test Tagged With: 2016, means test, medical expenses

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

By Cathy Moran

include debts

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 student loan payment […]

Filed Under: How bankruptcy works Tagged With: debts included, discharge, included

Is It Too Late For Bankruptcy?

By Cathy Moran

file bankruptcy`

Worried that it’s too late to file bankruptcy? You’ve put off considering bankruptcy, hoping to tough it out, or hoping for a miracle. But at some point, time runs out:  you’ve been served with a lawsuit;  judgment has been entered against you; or even, a garnishment appears on your paycheck. Is it too late to […]

Filed Under: Considering Bankruptcy, How bankruptcy works

4 Compelling Reasons To File The Tax Return Even If You Can’t Pay

By Cathy Moran

Should you file the tax return if you can’t pay the tax? You got to the bottom of your tax return and the amount you owe is bigger than your checkbook balance. Nope.  It doesn’t work that way. The IRS does not start harassing nonpayers for money immediately after a return is filed.  Or even […]

Filed Under: Featured, Taxes Tagged With: 2016

Who Needs This Kind Of Help With Debts

By Cathy Moran

bankruptcy alternative

Eliminate your unsecured debt sooner than you ever thought possible. That’s the promise of one debt settlement company. It’s in their contract, not just their ads.  It must be so. The pitch preys on people’s profound desire to do the right thing.  Most people want desperately to pay their debts and avoid the “horror” that […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: bankruptcy alternatives

What Happens To Your Business in Bankruptcy

By Cathy Moran

business in bankruptcy

Before you file bankruptcy, you need to know what happens to your business in your bankruptcy. And like so many things, there’s no single, simple answer. Two factors drive the fate of the business. One is whether the business is itself a legal entity, like a corporation or LLC. The second is what chapter you […]

Filed Under: Featured, Small business Tagged With: 2025, business, corporation, llc

Why File Bankruptcy? It’s Your Life Expectancy

By Cathy Moran

paying debts

Increasing life spans and the demise of pension plans is why filing bankruptcy now makes sense. Old debt has a way of sucking the air out of today’s budget. You can’t make repairs to your car or see to needed health care or accumulate an emergency cushion because you’re still paying for stuff you bought […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: 2017, IRA, retirement, savings

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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

How Much Is My Chapter 13 Payment

Intrigued by Chapter 13, but worried about how much your Chapter 13 payment might be? OK, let's walk through what your payment must be by law and what you want that payment to cover to get a fresh start. Part of the power of Chapter 13 is that you write the plan, with the help of your bankruptcy lawyer. Forget … Read more

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