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Search Results for: do you need to file bankruptcy

California Consumers Have Powerful Debt Collection Rights

By Cathy Moran

California outdoes the rest of the country in its debt collection rights for consumers. Debt collectors have noticed the growing understanding of debtors about their rights to fair debt collection. And they aren’t happy. The Federal law Fair Debt Collection Practices Act regulates the conduct of third party collectors. Those protections apply everywhere and more […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: debt collection

Why Some Chapter 13 Payments Are A Heavy Lift

By Cathy Moran

heavy plan payments

Why do Chapter 13 plan payments end up too high to pay if Chapter 13 is supposed to be a financial reorganization? How are plan payments allowed to consume nearly all of monthly wages? The short answer is that the infamous means test isn’t the only factor driving the monthly payment in Chapter 13. The […]

Filed Under: Chapter 13 Tagged With: 2026, chapter 13, Chapter 13 payments, confirmation tests, plan payments

California’s Good Deed: Passing Real Property At Death

By Cathy Moran

property upon death

The horror stories about do-it-yourself estate planning are both plentiful and tragic. Between the fear of probate and the fear of legal fees, inventive people invent inexpensive strategies for passing property to the next generation. Adding someone to the deed is the most common one I see. It works like this: in order to see […]

Filed Under: Strictly California Tagged With: 2017, estate planning

Who Profits When Money Trouble Is Shameful?

By Cathy Moran

money troubles taboo

Talking about our financial troubles is taboo in this society. In fact, we are more willing to talk about our sex lives than our money troubles. We lionize those who make a fortune.  Everyone expects to live the middle class life. It becomes easy to think that something is wrong with you if you aren’t […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: debt settlement

How Much Is My Chapter 13 Payment

By Cathy Moran

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 […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: how much, plan payment

Debt settlement: how it really works

By Cathy Moran

debt settlement behind the curtain

Debt settlement companies thrive on tapping the consumer’s genuine desire to pay back their debts. They don’t tell you how debt settlement works, in reality. They promise that they will compromise with your creditors for a sizable discount and all will be well with the world. There are any number of reasons that isn’t so, […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories

Is Home Equity A Substitute For Retirement Savings

By Cathy Moran

Home as retirement savings

My home is my retirement plan. If I had a dollar for every time a client said that, I could retire today. But that approach to funding your old age only works if…. Sell your house to retire The value in your house makes your balance sheet strong, but doesn’t put food on the table […]

Filed Under: Consumer Rights Tagged With: 2017, home equity, retirement

Stop Making Quarterly Tax Payments & Stay Within The Law

By Cathy Moran

quarterly tax payment

Uncle Sam expects a quarterly tax payment from the self employed.  Since you don’t get a paycheck with regular tax withholding, the burden’s on you. Lighten the burden. Make this the last quarterly tax payment you pay. Seriously.  Don’t make any quarterly payments for this coming year. Think I’m advocating tax resistance?  No way. The tax collectors […]

Filed Under: Consumer Rights, Taxes Tagged With: self employed taxes

California’s New Exemptions For Money In The Bank

By Cathy Moran

california cash exemptions\

California has finally created a state law exemption for cash in the bank. Californians filing bankruptcy no longer face loss of all the funds in their bank accounts when they choose California’s generous homestead, thanks to changes in exemption law. Two exemption statutes , new in 2020 , provide protection for cash in the bank […]

Filed Under: Strictly California Tagged With: 2021, California, exemptions

Time Runs Out For Claiming A Tax Refund

By Cathy Moran

last minute bankruptcy

Did you know there’s a deadline for claiming a tax refund. If you are entitled to a tax refund for an old tax year but haven’t filed the return yet, time’s running out. If you are more than three years late in filing your tax return, you forfeit any tax refund that you would otherwise […]

Filed Under: Featured, Taxes Tagged With: 2022, tax refund, unfiled tax returns

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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

Inclusion in Bankruptcy Doesn’t Equal “Discharged”

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 … Read more

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