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Search Results for: do you need to file bankruptcy

Reduce Your Tax Hit By Filing Bankruptcy Rather Than Settling Debts

By Cathy Moran

tax bite

Settle your debts outside of bankruptcy and you may be bitten by taxes you didn’t expect years later. Yet, everyone I talk to would rather cut a deal with their creditors than file bankruptcy.  It’s universal. But here’s the killer reason why bankruptcy alone protects homeowners from a unexpected  tax consequence down the road. Debt […]

Filed Under: Considering Bankruptcy, Consumer Rights, Taxes Tagged With: 2018, cancellation of debt tax

The Risks Of Filing Bankruptcy For Your Corporation

By Cathy Moran

risk of business bankruptcy

When your incorporated business fails,  the instinctive reaction is to file bankruptcy for the corporation. But a corporate bankruptcy comes with risk to the shareholders. I know you incorporated to separate yourself as the owner from the risks of the business.  As a separate legal “person”, the corporation is distinct from the individuals who own […]

Filed Under: Consumer Rights

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

When You Can’t Make Your Chapter 13 Payments

By Cathy Moran

going nowhere

When your wallet’s as flat as this tire and you can’t make your Chapter 13 plan payments, what do  you do? Chapter 13 promised a chance to reorganize, keep what’s important, and get out of a financial hole. But it just isn’t working. What now? In good lawyer style, I’ve got to tell you:  it […]

Filed Under: Consumer Rights Tagged With: 2016

Your Bankruptcy Discharge Has Teeth: Bite Back

By Cathy Moran

bankruptcy discharge has teeth

Your bankruptcy discharge is more than a piece of paper.  It’s a federal court order prohibiting action to collect the discharged debt from you. And it has teeth. When creditors ignore a federal court order, it has unpleasant consequences.  Or should have consequences. So, my call to debtors is to stop being prey to unscrupulous debt collectors. […]

Filed Under: Featured, Life after bankruptcy Tagged With: 2016

4 Easy Tips To Prepare For Bankruptcy And Beyond

By Cathy Moran

ready for life after bankruptcy

Ready for life after bankruptcy? Even before your case is filed, you can start preparing for your life after bankruptcy. These four steps will probably  make the bankruptcy case be smoother, too. Change banks Your money on deposit in “your” bank may not be solely yours. If you have a loan or other debt to your […]

Filed Under: Consumer Rights, Life after bankruptcy Tagged With: bankruptcy preparation

What Debts Were Discharged In My Bankruptcy?

By Cathy Moran

After your bankruptcy, one of the hardest questions is figuring out just which debts were discharged. Eliminating debts was the whole point of filing bankruptcy. You’ve got a court order, but no list. You and your creditors understandably  expect to find a single document telling them what debts are no longer enforceable and which survive the bankruptcy. No such […]

Filed Under: How bankruptcy works Tagged With: 2016, California

Bankruptcy Debtors Entitled To Monthly Mortgage Statements

By Cathy Moran

monthly mortgage statement

Servicers must now send monthly mortgage statements to borrowers in bankruptcy under a new CFPB rule effective April, 2018.    Thus ends, we hope, years of uncertainty and indifference, rooted in the automatic stay and a homeowner’s ongoing obligation on their mortgage after bankruptcy. The earlier version of the rule, adopted in 2014, allowed servicers […]

Filed Under: Real property & mortgages Tagged With: 2018

What The Wild Things Teach Us About Bankruptcy

By Cathy Moran

bankruptcy fears overblown

I miss Maurice Sendak, the late author of children’s books. What does a book about a naughty child who adventures in a nighttime land of monsters have to do with being scared of bankruptcy? The last image in his signature book, Where The Wild Things Are, is my touchpiece for clients afraid to file bankruptcy. […]

Filed Under: Considering Bankruptcy, Consumer Rights

Turned Down For A Bank Account? Fight Back

By Cathy Moran

bank account rejection

Turned down when you tried to open a bank account? We have a clue why. We all know the big three credit reporting agencies:  Experian, TransUnion, and Equifax. But if you’ve been turned down for a bank account, you need to meet the other players in this space:  the checking account screening companies. Certegy ChexSystems […]

Filed Under: Consumer Rights Tagged With: 2017

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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

Cheat Sheet For Passing Bankruptcy 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 … Read more

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