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Title Isn’t Everything: Watch Out For The Assets In Your Spouse’s Name

By Cathy Moran

community property surprise

Your spouse’s assets can get swept up in your bankruptcy when you live in California. Because, most likely, just holding an asset in the name of one spouse doesn’t defeat the community property presumption. I saw it play out in a first meeting of creditors when the bankruptcy trustee asked about an asset. But it’s […]

Filed Under: Strictly California Tagged With: 2016, California

Got Tax Trouble? Don’t File Bankruptcy In December

By Cathy Moran

wait to file bankruptcy

Bankruptcy can provide tax relief,  if your timing is right. Tax troubles are at the heart of so many bankruptcy filings.  It makes sense:  bankruptcy is a powerful and predictable tool to get out of tax debt. But filing bankruptcy before the end of the year may fix only a part of your tax problems.  […]

Filed Under: Consumer Rights, Taxes Tagged With: 2016, discharge taxes

Cheat Sheet For Passing Bankruptcy Means Test

By Cathy Moran

cheat sheet for 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 […]

Filed Under: Featured, How bankruptcy works, Means test Tagged With: 2016, means test, medical expenses

4 Compelling Reasons To File The Tax Return Even If You Can’t Pay

By Cathy Moran

Should you file the tax return if you can’t pay the tax? You got to the bottom of your tax return and the amount you owe is bigger than your checkbook balance. Nope.  It doesn’t work that way. The IRS does not start harassing nonpayers for money immediately after a return is filed.  Or even […]

Filed Under: Featured, Taxes Tagged With: 2016

The Secret Alternative To Bankruptcy

By Cathy Moran

alternatives to bankruptcy

Looking for the secret alternative to bankruptcy which will solve your debt problems without filing? Why not? Ads for debt settlement companies and do-it-yourself books always promise to reveal the tricks to make your bills vanish for pennies, without resort to bankruptcy. (Isn’t it interesting that these “secrets” are known only by people who want […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2016, bankruptcy alternatives, debt settlement

Disarm The Debt Collector: Understanding The Weapons of Debt Collection

By Cathy Moran

debt collector

You can stop a debt collector cold, wherever you live, using federal law. It doesn’t take a lawyer, a court, or an enforcer. That’s because the weapons of a debt collector are fear, shame, and annoyance. The weapon delivery system is communication. Those weapons don’t have to be any more threatening than a plastic toy […]

Filed Under: Debt Collection Rights, Featured Tagged With: 2016

Laboring Over Bankruptcy Papers

By Cathy Moran

Why is preparing the bankruptcy papers so much work? Paper.  Statements. Tax returns.  Car contracts.  Pay stubs.  Appraisals.  Title reports. Credit counseling. It gets tedious fast. So, why is bankruptcy so complicated? Do you want the polite, professional answer, or the pointed, political answer? Bankruptcy bargain Polite answer first:  the bankruptcy bargain, your deal with the […]

Filed Under: Featured, How bankruptcy works Tagged With: 2016, paperwork, schedules

Can You Get A Car Loan After Bankruptcy?

By Cathy Moran

car loan after bankruptcy

Wheels are essential for most of us to get to work. And whatever you’re driving when you file bankruptcy will need to be replaced at some point. So, how are you going to finance that next car if you’ve just filed bankruptcy and face 7-10 years with the bankruptcy on your credit report? The credit […]

Filed Under: Consumer Rights, Life after bankruptcy Tagged With: 2016

Who To Pay After Bankruptcy

By Cathy Moran

bills after bankruptcy

You’ve filed bankruptcy. Your creditors are stayed. A bankruptcy discharge is ahead. You’re out from under unrelenting pressure to pay creditors. But don’t let your sense of relief keep you from planning:  who should you pay after your case is filed? Paying creditors after filing bankruptcy Two legal realities drive who needs to be paid […]

Filed Under: Consumer Rights Tagged With: 2016, 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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