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Search Results for: do you need to file bankruptcy

When Chapter 20 Bankruptcy Adds Up

By Cathy Moran

looking for Chapter 20

You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there;  so are Chapters 11 and 13.  But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang.  It’s a Chapter 7 case […]

Filed Under: How bankruptcy works Tagged With: 2016

Are You Stuck With The Lawyer Who Filed Your Bankruptcy Case?

By Cathy Moran

New lawyer as life saver

Your bankruptcy case is filed.  It’s not going as smoothly as you expected. In fact, you’re worried you’re going under. Can you change bankruptcy lawyers after your case is filed? Certainly, you can always fire your lawyer.  It may be disruptive.  It will certainly cost more money. To decide you need to know So, how […]

Filed Under: How bankruptcy works, You & your lawyer

How Your Property Gets Sold In Your Partner’s Bankruptcy

By Cathy Moran

co owned property

It isn’t just marriage that can get you roped in to a bankruptcy case that isn’t your own. Own community property and a bankruptcy filing by your spouse or your soon-to-be ex can drag you into a bankruptcy court. But the issue is broader:  joint ownership of any kind of asset in any state, community […]

Filed Under: Consumer Rights, Small business

Who’s Afraid Of Bankruptcy’s 90 Day Rule

By Cathy Moran

bankruptcy 90 DAY preference rule

Most folks considering bankruptcy know about the 90 day rule in bankruptcy.  They’ve talked to friends or read on the internet.  When they get to a bankruptcy lawyer’s office, they’re eager to tell me they know about the rule, though sometimes they have questions about just how it works. Which is all very interesting, except that […]

Filed Under: How bankruptcy works

Best Of 2017: Reader Favorites On Bankruptcy Soapbox

By Cathy Moran

Best of 2017

I tallied up reader favorites from the 2017 posts on Bankruptcy Soapbox.  The balloting is a bit unfair, since the fall and winter posts haven’t had the same exposure that posts from earlier in the year. But take note:  the runner up is only about 8 weeks old. Your favorites, in reverse order: 10.  Making […]

Filed Under: Featured Tagged With: 2017

How Avoiding Probate Ended Up In Bankruptcy

By Cathy Moran

Do it yourself seems so industrious and self reliant. And we’ve been bombarded with books, speeches and courses on the evils of probate. So, I guess it should be no surprise when people try DIY  schemes to both avoid probate and avoid lawyers who create probate-avoiding trusts. Yet they forget an unavoidable truth:  the transfer […]

Filed Under: Featured, True Stories

3 Things Turn Off This Bankruptcy Lawyer

By Cathy Moran

Looking to find a bankruptcy lawyer. Then you need to know what makes a good bankruptcy client. A good bankruptcy lawyer doesn’t waste time with some kinds of prospective clients. TThat’s because an experienced bankruptcy lawyer can see trouble from the start. So what would make a bankruptcy specialist turn down work? That is, other […]

Filed Under: Featured, You & your lawyer Tagged With: 2016

Protect Your Credit After Equifax Security Breach

By Cathy Moran

EQUIFAX data breach

Half the US population may be affected by the hacking of credit reporting agency Equifax.  I’m in that group along with 143 million other Americans. Stolen were names, addresses, dates of birth, and Social Security numbers.  Some credit card numbers were also lifted.  Everything an identity thief needs to ruin your financial life. Equifax is […]

Filed Under: Featured Tagged With: 2017

Keeping Your Home: Our Best Advice

keeping your home

When financial trouble rears its head, preventing foreclosure and keeping the house becomes a number one priority. Whether the pinch is caused by loss of income, a loan that resets, or business slow down, you can find making the mortgage payments a challenge.  Not to mention sorting out escrow screwups and changes of servicers. So, […]

Tax Trap When You Settle Debts Outside Of Bankruptcy

By Cathy Moran

debt settlement

Debt settlement has a hidden tax consequences no one ever discusses. If you own a home, debt settlement can bite you in the asset down the road. That’s because debt forgiven outside of bankruptcy gets deducted from the basis of your home.   Result:  more potentially taxable capital gains on sale. That’s the killer reason […]

Filed Under: Considering Bankruptcy, Taxes Tagged With: 1099, cancelled debt, debt settlement

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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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