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Search Results for: do you need to file bankruptcy

The Real Money Rules Before Bankruptcy

By Cathy Moran

sell stuff before bankruptcy

Thinking about filing bankruptcy?  Folk wisdom supplies many “rules” about the period leading up to actually filing bankruptcy: This kind of thinking will have you frozen in time and space like this insect in amber. Only, this folk “wisdom” is all wrong. Here’s how to manage money before filing without messing up your right to […]

Filed Under: How bankruptcy works Tagged With: before filing bankruptcy, sell assets

The Worst Reason To Choose Debt Settlement Over Bankruptcy

By Cathy Moran

The guy with an old debt asked if bankruptcy or debt settlement would cause greater damage to his “credit”. The money advice columnist gave the right answer to the wrong question. She got it backwards. She advised that bankruptcy was more damaging given that the nagging debts were already three years old and would drop off his […]

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

Does Bankruptcy Bar Retirement Savings?

By Cathy Moran

retirement contributions

Ongoing retirement saving by Chapter 13 debtors has been a touchy subject since the means test became a part of the bankruptcy scene. The means test was intended to squeeze every available dollar from consumer debtors. It works by limiting the expenses that can be deducted from income in figuring what a debtor can/must pay […]

Filed Under: Chapter 13, Featured Tagged With: 2020, means test, retirement

Can You Spot The Signs Of A Collection Scam

By Cathy Moran

It’s pretty scary when a $300 payday loan turns into an investigation by the Federal Crimes Bureau. Not only was the recipient of the collection letter  below being  “investigated for crimes”,  his Social Security number would be suspended, and a court case initiated against him immediately. At great cost and embarrassment. Unless, of course, he sent the […]

Filed Under: Consumer Rights, Debt Collection Rights, True Stories Tagged With: jail for debt, scam

Bankruptcy Without A Discharge: Why Chapter 20 Works

By Cathy Moran

13 without discharge

What does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? Lots, actually. It’s complicated.  Powerful, but complicated. Let’s see how all the parts interact when your Chapter 13 is filed before you’re eligible for a discharge. Law limits discharge The bankruptcy code doesn’t limit when you can file bankruptcy;  it […]

Filed Under: Chapter 13, How bankruptcy works Tagged With: 2018

What Should Bankruptcy Cost?

By Cathy Moran

pay for bankruptcy

Pick a cheap bankruptcy lawyer and it could really cost you. We’re trained as consumers to find the lowest price for stuff we buy. But picking a lawyer is not the place for economy. But how can you know what a bankruptcy should cost when you’ve never hired a lawyer before and you don’t want […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: bankruptcy lawyer

Pay Your Debts Or Go To Jail?

By Cathy Moran

jailed for debt-not

What would you do if you got a tip there was an arrest warrant out because you hadn’t paid one of your bills? The right answer is “laugh”. In the US we don’t arrest people for owing money they can’t pay. Yet scammers are out in force, counting on you having slept through civics.  Whether […]

Filed Under: Debt Collection Rights Tagged With: arrest, scam, unpaid debt, warrant

When Your STBX Files Bankruptcy: An Action Plan

By Cathy Moran

stbx bankruptcy

Whether the news comes by phone or mail, the notice that your soon-to-be-ex spouse has filed bankruptcy can bring fear and confusion. You need some facts and a plan, now. So let’s look at how bankruptcy affects a non filing spouse and how to chart a course through a STBX bankruptcy case. Child support safe […]

Filed Under: Consumer Rights, Family Law Tagged With: divorce, family law

Facing Foreclosure, You Need A Plan B

By Cathy Moran

stop foreclosure

Bankruptcy stops foreclosures, with certainty. It’s the surefire defense to a scheduled foreclosure sale. Then why do homeowners keep waiting til the day before the sale to find a bankruptcy lawyer? Most of the other ways to stop a foreclosure sale require either gobs of money or an agreement with the existing lender or a […]

Filed Under: Real property & mortgages

Does THIS Violate My Bankruptcy Discharge?

By Cathy Moran

discharge violation

When creditors contact you after your bankruptcy, you need to know what actions violate the discharge, and which are permitted by law. Having been through the financial wringer and having been proactive to get out from under old bills,  you hope for a tranquil and prosperous life after bankruptcy. When creditors violate the discharge, they […]

Filed Under: How bankruptcy works Tagged With: 2017, collection, discharge

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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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