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Search Results for: do you need to file bankruptcy

“Hold Harmless” Survives “To Have and To Hold”

By Cathy Moran

Divorce usually requires the division of the debts of the marriage along with the assets. The legalese usually requires each party to indemnify and hold harmless the other from the debts assigned to that party. Most folks skim over that provision to worry about the division of assets or support issues or the termination of […]

Filed Under: Consumer Rights, Family Law

Dumbest Thing For Those In Debt

By Cathy Moran

dealing with debt

The headline was compelling:  The 5 Dumbest Things You Can Do If You Have Too Much Debt. I even liked the site’s name:  How Life Works.  That’s a tagline I’d like to use. I could make my own list of dumb ways to tackle debt, but better if someone else had already done it. Until […]

Filed Under: Considering Bankruptcy, Featured

Tax Deductions Hidden In Chapter 13

By Cathy Moran

tax deductions

Don’t miss the tax deductions hiding in your Chapter 13 bankruptcy. The same, very important debts that your Chapter 13 plan pays are often tax deductible. And you are still the person who’s paying, even if the trustee writes the check. Don’t miss out on those deductions. Tax deductions in bankruptcy Let’s look at some […]

Filed Under: Chapter 13, Featured, Taxes

Co Signers Put Themselves In Creditor’s Crosshairs

By Cathy Moran

cosigner in crosshairs

The liability of a co signer is the single most common misunderstanding about the law that I see. Put bluntly, a co-signer is just as liable for the debt as the primary borrower. Co sign someone else’s debt and you put yourself in the creditor’s cross hairs. That should make the hair on the back […]

Filed Under: Consumer Rights Tagged With: 2016

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

Wage Garnishment Survival Guide

By Cathy Moran

“Your wages have been garnished, ” reads the letter from your employer. Do nothing and twenty-five percent of your after-tax earnings will be sent to your judgment creditor. So, do something:  keep reading this action guide for Californians subject to a wage garnishment. This guide has three parts: the short run guide for minimizing the hit […]

Filed Under: Strictly California

Asset Protection For Free

By Cathy Moran

Before you sign up with the guy in the ad, explore free asset protection, courtesy of Uncle Sam. Everyone would like to enjoy their money without worry about creditors taking it from you. That’s the point of asset protection. A substantial industry run by expensive professionals will scatter your money between interlocking partnerships and off-shore corporations […]

Filed Under: Consumer Rights Tagged With: asset protection, creditor suits, exemptions

Debt Collection Breakthrough Protection

By Cathy Moran

lawsuit on old debt

The new rule defines attempts to collect a time-barred debt a false or deceptive practice, forbidden to debt collectors. The new prohibition becomes effective November 30, 2021 when amendments to the rules associated with the federal Fair Debt Collection Practices Act become law. New rule applies to debt collectors Importantly, the FDCPA applies only to […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2020, debt collection

Long Silent Second Mortgages: The Worrisome Truth

By Bill Purdy

silent mortgages

Like a sleeping bear, long-silent second mortgages hibernate in people’s houses these days.  They are quiet, a snoozing predator, just waiting for spring. And it can be bloody when those sleeping mortgages awaken hungry and look around for something to fill its pocket. Here in California the coming slaughter is particularly noticeable because the value […]

Filed Under: Real property & mortgages Tagged With: 2016, foreclosure, junior lien, second mortgage

The Most Costly Community Property Blunder

By Cathy Moran

california property

What do you do when creditors from your spouse’s past threaten? Chances are your first reaction is to put the title to your biggest assets in just your name. Whew! Safe. Not. Just because  the deed to the house now reads Jane Doe instead of John Doe and Jane Doe it’s easy to think the house is Jane’s separate […]

Filed Under: Family Law, Strictly California

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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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