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Search Results for: do you need to file bankruptcy

Drive-in bankruptcy?

By Cathy Moran

We got a call about three o’clock the other afternoon from someone who wanted to come in that afternoon and file bankruptcy that day. When my partner hesitated, the caller responded, “Well , you are open now aren’t you?” I had a mental image of one of those parking lot, drive up coffee vendors, selling […]

Filed Under: How bankruptcy works, True Stories

Essential Tasks After Bankruptcy To Maximize Your Fresh Start

By Cathy Moran

 Got your bankruptcy discharge recently?   The end of the bankruptcy case is the start of your new financial life. Now, you’ve got work to do to maximize that fresh start. Save your bankruptcy papers The bankruptcy schedules listed everyone you owed money to when you filed.  Those creditors got notice of your case. The […]

Filed Under: Consumer Rights, Life after bankruptcy

Can You Afford The Cost of Retiring Here In California?

By Cathy Moran

San Mateo County

Care to guess what it will cost a retired couple in San Mateo County to meet their basic living needs? If they rent, it takes $3193 a month. If they have a mortgage, it rises to $4247. Those dollars cover housing, food, medical, transportation and $376 for everything else. Social security doesn’t cut it The average Social […]

Filed Under: Strictly California

Your Picks For The Best Of Bankruptcy Soapbox For 2016

By Cathy Moran

Best Bankruptcy Blogs

Jumping the gun on year-end by a bit, I’ve gathered up the 10 most-read new posts on Bankruptcy Soapbox in 2016. Without need of an envelop, please,  here they are, in reverse order: 10.  Why The Gap Between Judges & Attorneys About Fees Most bankruptcy judges never walked a mile (or any distance) in the […]

Filed Under: Featured

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

The DOJ War On Chapter 13 Debtors

By Cathy Moran

Chapter 13 trustee

What’s wrong with the picture when United States Trustee is offended by Chapter 13 success? I heard a distressing story about the war against debtors recently. It seems a high rate of successful Chapter 13 plan completions triggered multi-day audit of the trustee by the United States Trustee.  The UST likes to remind us that it […]

Filed Under: Featured Tagged With: 2016

Foreclosure Looms But The Bank’s Numbers Don’t Add Up

By Cathy Moran

The bank wants to foreclose on my client’s home. They claim he’s months behind. Only the numbers in their relief from stay papers filed in the bankruptcy don’t add up. The mortgage balance is one thing here, and other thing there. They file a declaration under penalty of perjury saying they have the note, followed within […]

Filed Under: Featured, Real property & mortgages Tagged With: 2016

File Bankruptcy All Alone: No Spouse Required

By Cathy Moran

File Bankruptcy Without Your Spouse

We’re so used to thinking about married folk as a couple, rather than as two individuals:  George and Gracie;  Bill and Hillary;  John and Abigail. The Bankruptcy Code feeds that perception when it allows a married couple to file a joint case.  Two people, one set of papers, one filing fee. But while filing together […]

Filed Under: Considering Bankruptcy, Consumer Rights

Who Gets To Choose Your Bankruptcy Chapter?

By Cathy Moran

Does someone other than the debtor get to choose which chapter a bankruptcy case is filed under? Some seem to think so. There’s an ongoing tug of war in the courts between the bankruptcy establishment on one side and debtors and their lawyers on the other about whether a Chapter 13 that pays only the attorneys […]

Filed Under: Chapter 13, Featured Tagged With: 2016

The Realtor’s Guide To Home Sales In Bankruptcy

By Cathy Moran

Home sales in bankruptcy

Sooner or later, every realtor will encounter a property involved in a bankruptcy case. Or a property that could escape foreclosure and sell, using bankruptcy. Bankruptcy’s a different world when it comes to real estate.  It pays to know how to deal. Let’s walk through the principles and procedures involved when buying or selling real […]

Filed Under: Featured, Real property & mortgages Tagged With: 2016

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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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