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No More Lawsuits On Old Debt In California

By Cathy Moran

law has teeth

California law on debt collection finally has teeth. Under new California law, a creditor must allege that the statute of limitations has not run when it files a lawsuit. No more suing on long-dead debt and winning unless the consumer files an answer and pleads the statute of limitations. No more collectors relying on consumers […]

Filed Under: Strictly California Tagged With: 2020, California, collection, limitations

When Is The Time Right To File Bankruptcy

By Cathy Moran

time to file bankruptcy

Just like stand up comedy and batting in baseball, filing bankruptcy is all about timing. Timing your bankruptcy filing is no different. File bankruptcy too early, or too late, and you risk losing assets or advantages that better timing could have assured. Admittedly, you don’t always have the luxury of filing bankruptcy on your own […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2020, when to file bankruptcy

Bankruptcy Questions Have Few Quick Answers

By Cathy Moran

The caller to my law office kept telling my assistant: I just want to ask Cathy a question. To which my assistant replied:  you need to first fill out our questionnaire and make an appointment. But I don’t want a meeting, I just want to ask a question. At which point, both sides of the call […]

Filed Under: How bankruptcy works, You & your lawyer Tagged With: 2020

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 Your Business Survive Tough Times?

By Cathy Moran

ailing business

When the virus shutdown is over, ailing businesses must consider whether to continue.

Filed Under: Consumer Rights, Small business Tagged With: 2020, covid-19

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

Chapter 13 Fixes Tax Trouble

By Cathy Moran

tax troubles

Tax troubles become manageable in Chapter 13 bankruptcy. 13 offers powerful alternatives to fighting with the IRS. Or hiding from the IRS. When you’ve got tax troubles, it’s easy to feel powerless. After all, you’re confronting a federal agency who wrote the  tax rules.  And they have hordes of employees with nothing else to do. […]

Filed Under: Featured, Taxes Tagged With: 2020

Mortgage Forbearance And The Hidden Gotcha: Escrow

By Cathy Moran

escrowed taxes forbearance

Got a mortgage forbearance? Seems like a relief. But watch out for the normally escrowed taxes after the forbearance is up. The CARES Act made forbearance on federally backed mortgages available for the asking. But no one talked about the escrow portion of the skipped mortgage payments. Federal guidance urged servicers to offer easy ways […]

Filed Under: Real property & mortgages Tagged With: 2020, covid-19

SBA Loans Collectible Long Past Business Failure

By Cathy Moran

SBA collection

The SBA has eagle eyes and sharp talons when it comes to collecting from guarantors of business loans. SBA collection tools are ruthless, efficient, and ageless. So I learned when a client consulted me about a business that had failed 12 years ago. Yet the SBA had never sued him, nor had it filed a […]

Filed Under: Consumer Rights, Small business Tagged With: 2020, business debt, SBA

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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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