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Double Dipping On Retirement Savings

By Cathy Moran

double dip retirement

Any time you can double your retirement savings and protect your money from creditors is a good time of the year. The period between New Years and Tax Day is my favorite time of the year, just for that reason. You can make contributions to your IRA last year AND contribute to this year’s IRA […]

Filed Under: Consumer Rights Tagged With: 2018, exemptions, retirement, tax

Your Tax Refund Is Exposed In Bankruptcy, Unless…

By Cathy Moran

tax refund bankruptcy

The prospect of a tax refund makes most of us light up  even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]

Filed Under: Considering Bankruptcy, Featured, Taxes Tagged With: 2018

How To Save Your House After Filing Bankruptcy

By Cathy Moran

California homestead

Saving your house from foreclosure ranks high on the list of reasons people file Chapter 13. The automatic stay stops foreclosures; Chapter 13 gives you time to fix the problem. Powerful stuff. But the stay and more time, alone, aren’t enough to save the day if you run afoul of other rules, written and unwritten, […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2018

We Live In An Economic House Of Cards

By Cathy Moran

I’ve long said to bankruptcy clients that bankruptcy can’t fix an income problem, it can just ameliorate an outgo problem. In the last round of frantic bankruptcy filings a decade ago, one symptom seemed to be that too many families in the Silicon Valley  couldn’t really afford to live a middle class life here. They […]

Filed Under: Featured, Pondering Tagged With: 2018

Out of Luck If You Skip A Creditor?

By Cathy Moran

add creditor

So, you slipped up and left a creditor out of your bankruptcy schedules.  Can you add an omitted creditor after the fact? In the fateful words of a careful lawyer, it depends. Depends on when the amendment is made and what chapter you’ve filed.  And the effect of adding a creditor varies. Let’s walk through […]

Filed Under: How bankruptcy works Tagged With: 2018, amendment

Your Tax Refund In The Crosshairs In Debt Collecting Season

By Mike Cardoza

debt collecting season

Who knew that there was a season for debt collecting?  My friend and colleague attorney  Mike Cardoza does.  See what he says. The beginning of the year  through about the end of March is the big season for debt collection! Why? Because collectors are pretty sure that you have some money in your pocket – […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2018, tax refund

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 Happens To Liens In Bankruptcy?

By Cathy Moran

liens in bankruptcy

Liens in bankruptcy have an uncertain fate. While most liens survive a bankruptcy discharge, some liens get wiped out. Think of mortgages, tax liens, and judgment liens. Each of them is a lien, but some get different treatment in bankruptcy. Some liens can even be reduced or eliminated . Lien basics A lien gives the […]

Filed Under: How bankruptcy works Tagged With: 2018

Do You Need To Reaffirm Your Home Loan After Bankruptcy?

By Cathy Moran

refinance after bankruptcy

Banks, most especially Wells Fargo, seem to relish denying refinance applications for debtors who didn’t reaffirm home mortgage in bankruptcy. You didn’t reaffirm your existing home loan, so we can’t refinance that debt, they chortle. Sometimes, the dig is even more painful (to me at least):  your attorney didn’t do this right so you are […]

Filed Under: Real property & mortgages Tagged With: 2018, California, reaffirm

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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

When Can I File Bankruptcy Again

Remember the old high school cheer:  two, four, six, eight, who do we appreciate? Turns out, that's not just a cheer, it's shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here's how it … Read more

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