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Search Results for: do you need to file bankruptcy

So You Keep Your Home Through Bankruptcy- What Then?

By Cathy Moran

California house underwater

What happens to your home after your bankruptcy case is over? Most people who file bankruptcy are terrified that just filing bankruptcy will cost them their home. They won’t let me keep my home, will they? Sure they will. The Chapter 7 bankruptcy trustee doesn’t want the house if there’s no value in it,  He’s […]

Filed Under: Real property & mortgages Tagged With: liens after bankruptcy

Why Keep Bankruptcy Off Your Credit Record

By Cathy Moran

We’ll help you do your own bankruptcy, promises the ad. And for a few dollars more, we’ll sell you the secret to keep your bankruptcy off your credit record. That pitch plays neatly into the obsession that we have about our credit reports.  Even when your financial world is upside down. But this pitch has it […]

Filed Under: Consumer Rights Tagged With: 2018

If The IRS Comes Calling After Your Bankruptcy Discharge

By Cathy Moran

tax after bankruptcy

It’s scary, or infuriating, when the IRS continues to try to collect taxes discharged in bankruptcy. What was the point of filing bankruptcy if the government ignores your discharge? Yet IRS attempts to collect taxes from people with a bankruptcy discharge form the single largest group of cases in my law office today. Why the […]

Filed Under: Consumer Rights, Taxes Tagged With: 2018

Creditor Must Pay If It Loses A Bankruptcy Fight

By Cathy Moran

  The game isn’t very fair when the players are mismatched. Though bankruptcy court is hardly a game, it’s been unfair when it comes to attorneys fees for the winning party. California law provides that when a contract allows one party their fees if they prevail, the other party got their fees if they won.  So, […]

Filed Under: Strictly California

Audited? Did You Tell The State Tax Authorities?

By Cathy Moran

tax audit

We’re all about sharing these days, aren’t we?  So, did you share with the state tax authorities the outcome of your IRS audit? While telling the Franchise Tax Board that you owe more taxes to the feds may seem like inviting trouble, you gain by doing so. How? You set those taxes owed to California […]

Filed Under: Featured, Taxes Tagged With: 2018

Spot Credit Report Errors After Your Bankruptcy & Fix Them

By Mike Cardoza

credit report

Your debts have been discharged in Bankruptcy. Congratulations! But if those debts still appear on your credit report, you haven’t gotten all the debt relief you are entitled to. Your credit report is the public face of your finances. It’s the thing that lenders, landlords, and life insurance companies look at to figure out whether […]

Filed Under: Consumer Rights Tagged With: 2018

Why Bankruptcy Cases Go Down The Drain

By Cathy Moran

failed bankruptcy

I  watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in court recently. Dismissed. Tossed out. Ended. The usual reason was that the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Regardless of the debtor’s need […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: dismiss case, file, tax returns

Ten Essential Nuggets For Creditors in Bankruptcy Notice

By Cathy Moran

You’re looking at bankruptcy official form B9. It arrived in your mail because someone has filed bankruptcy and listed you  as a creditor on the schedules of a newly filed bankruptcy case. Most likely, the debtor owes you money or you have an open claim of some sort against the bankrupt. Your rights against the debtor […]

Filed Under: How bankruptcy works

6 Things You Need To Know About The California Homestead

By Cathy Moran

California homestead

California’s homestead exemption is the Super Hero of the exemption world. While other exemptions protect things worth a thousand dollars here and a couple of thousand there, the homestead protects big bucks.  Starting January 1, 2021, the homestead for every homeowner is at least $300,000 and as much as $600,000, depending on countywide home prices. […]

Filed Under: Strictly California Tagged With: 2016, exemption, homestead

Will A Second Bankruptcy Really Protect?

By Geoff Wiggs

Immediate protection from collection is at the top of the list for most bankruptcy filers. They want the lawsuit to stop; the wage garnishment to stop; the debt collectors to stop. But, if this isn’t your first bankruptcy case, do you get that protection? What the automatic stay does The Automatic Stay (or “Stay”) protects […]

Filed Under: How bankruptcy works

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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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