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Search Results for: do you need to file bankruptcy

Collection Suits and Court Dates

By Cathy Moran

Those in financial difficulty are frequently not operating at their peak.  I know that. But for the life of me, I can’t understand how the recipient of a summons and complaint from a California court can read the papers and absorb only that they have a “court date”. Arghhh! How California lawsuit works The basic […]

Filed Under: Debt Collection Rights, Strictly California Tagged With: sued

Divorce And The Ticking Debt Bomb

By Cathy Moran

Debts of the marriage often outlive the marriage itself. And, those left-over debts are nothing but trouble. But too often, divorcing couples don’t mop up the joint debts they held during the marriage, only to have the situation blows up years later when one ex-spouse hits financial trouble. Here’s a true story that illustrates the danger. […]

Filed Under: Consumer Rights, Family Law, True Stories

3 Real Reasons Chapter 13 Plans Fail

By Cathy Moran

chapter 13 success

  Two out of three confirmed Chapter 13 cases fail.  Those are cases that met all the tests and got the judge’s OK. And still they crater. That’s a heap of people, deeply in debt, who don’t make it out of debt by using Chapter 13. Arizona bankruptcy lawyer John Skiba has a theory about […]

Filed Under: Chapter 13, Consumer Rights

Hidden Dangers In Tapping The Reverse Mortgage Piggybank

By Cathy Moran

reverse mortgage

Actor Fred Thompson used to appear on my Sunday morning news program every week touting the benefits of a “government insured”,  safe, reverse mortgage. Get the money you deserve to live the good life, he urged. I’m watching the aftermath of that sales pitch play out for one of my clients, and it’s not “the […]

Filed Under: Real property & mortgages, True Stories

Getting A Loan Modification Is Only Half The Fight

By Bill Purdy

loan modification battles

Loan modification troubles persist, long after the loan modification. For all of you who stressed, strained, fretted, wheedled, worried, fought, kicked, and even gouged to finally wrest a loan modification from the lender/servicer that controls of your home loan, I have a message. The fight may not be over. “We Don’t Have Any Record of […]

Filed Under: Real property & mortgages Tagged With: 2017

Locked Out Of Court: The Not-So-Fine-Print Arbitration Clause

By Donald Petersen

arbitration agreements

Equifax and the CFPB have teamed up, sort of, to focus attention on consumer rights when dealing with huge consumer businesses.  Equifax, alongside Wells Fargo of the millions of unauthorized bank accounts, want to limit their customers’ access to the legal system.  Their boilerplate agreements prohibit customers banding together in class actions, and lock individual […]

Filed Under: Featured Tagged With: 2017

Tax Tidbits As Filing Deadline Approaches

By Cathy Moran

tax filing

If you got an extension to file your tax return, and tax filing time has arrived, you may need some moral support and some reliable information to get the job done right and on time. This site often focuses on taxes, not because we are tax professionals, but because tax troubles are one of the […]

Filed Under: Taxes Tagged With: 2017

Foreclosure: The Unseen Hazards

By Cathy Moran

It’s not the foreclosing creditor that really threaten California homeowners. It’s the forces that follow foreclosure. The junior lender and the tax man can deliver  truly punishing blows to a family losing a home. Cut-off Junior Lienholders Californians enjoy the protection of the one action rule governing foreclosures. A creditor who conducts a non judicial […]

Filed Under: Strictly California

Four Essential Habits For Successful Entreprenuership

By Cathy Moran

Starting out in business for yourself?  Congratulations. Small business, and businesses that were once small, form the tapestry of our economy. I’ve run my own small business for coming 40 years and my favorite clients in my business are other small business people. But, in the euphoria and exhaustion of starting up, don’t put off doing […]

Filed Under: Small business

Why I Hate Credit Reporting Agencies

By Cathy Moran

If you have a couple of hours, I’ll count the ways. But this morning, it’s half truths and moralizing by Experian that gets me going. My fellow California bankruptcy lawyer Jay Fleischman published Experian’s explanation of how long your bankruptcy filing stays on your credit record. Chapter 13 bankruptcy is deleted seven years from the […]

Filed Under: Consumer Rights, Life after bankruptcy

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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

Everyone gets $1M + bankruptcy exemption

Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It's part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA's and Roth IRA's that are funded with after-tax dollars. … Read more

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