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Which Spouse Is Liable For Debts In California

By Cathy Moran

liable for debts

California has been a community property state since 1850, and still we struggle to understand which spouse is liable for debts. So here, broad brush, is a guide to the legal liability of spouses, ex spouses, registered domestic partners and their community property for debt. Because, as I’ve written, the community is a third “party” […]

Filed Under: Strictly California Tagged With: 2021, California, community property

Separate Finances Doesn’t Protect Spouse From Financial Disaster

By Cathy Moran

By keeping separate finances, this California couple thought they had insulated the wife from the financial woes of her entrepreneur husband. They didn’t share bank accounts nor credit cards while she carefully kept her distance from his business dealings. Her name was not on anything tied to his business. But “separate” isn’t enough to overcome […]

Filed Under: Consumer Rights, Family Law Tagged With: 2021, community property

What’s After Forbearance

By Cathy Moran

mortgage forbearance

Last spring, the CARES Act entitled everyone with a federally backed home mortgage to a forbearance of 6 months, extendible for another 6 months. 15 USC 9056. The end of the mandated forbearances is approaching for many. But the law provides no clue as to what comes after forbearance. Fannie Mae (the Federal National Mortgage […]

Filed Under: Real property & mortgages Tagged With: 2021

How Many Collection Calls Is Too Many

By Cathy Moran

collection calls

The CFPB has answered the burning question of how many collection calls is too many. Starting November 30, 2021, seven calls within seven consecutive days is the limit. More collection calls than that constitutes prohibited harassing conduct. And harassing conduct violates the Fair Debt Collection Act. Remember that the FDCPA governs the conduct of debt […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2021, debt collection, FDCPA

7 Essentials For Better Results From Filing Bankruptcy

By Cathy Moran

before filing bankruptcy

Plan before filing bankruptcy and you get better, more certain relief. Even if you’re not quite sure that you’re ready to take the bankruptcy plunge, scout the bankruptcy territory. Take some time to learn the rules and explore ways to maximize the relief available in bankruptcy. If you don’t plan ahead and just rush into […]

Filed Under: Considering Bankruptcy, Featured Tagged With: 2021, means test

Step By Step Guide To Business Shutdown

By Cathy Moran

business shutdown

There’s lots written on how to start a business. Not so much about business shutdown. Even pre-pandemic, half of all new businesses fail within 5 years. Post pandemic, the pain is so much greater. So let’s walk through how to manage a business shutdown, tie up loose ends, and minimize problems that may follow you […]

Filed Under: Consumer Rights, Small business Tagged With: 2021, business closure

Can You Rescue Your Business With Chapter 13

By Cathy Moran

rescue business

Small business owners who are sole proprietors can enlist the power of bankruptcy’s Chapter 13 to rescue their business at a price they can afford. Everyone thinks of Chapter 11 as the “keep the business and ditch the debt” form of bankruptcy. But traditional Chapter 11 is cumbersome and just flat out too expensive for […]

Filed Under: Consumer Rights, Small business Tagged With: 2021, business, reorganization

California’s New Exemptions For Money In The Bank

By Cathy Moran

california cash exemptions\

California has finally created a state law exemption for cash in the bank. Californians filing bankruptcy no longer face loss of all the funds in their bank accounts when they choose California’s generous homestead, thanks to changes in exemption law. Two exemption statutes , new in 2020 , provide protection for cash in the bank […]

Filed Under: Strictly California Tagged With: 2021, California, exemptions

What Does A Bankruptcy Lawyer Do For You

By Cathy Moran

what does bankruptcy lawyer do

Lawyers cost money and you’re considering bankruptcy because you don’t have enough money. What would a bankruptcy lawyer do for you? The existence of official bankruptcy forms make it seem that bankruptcy is just filling out forms. Unfortunately, that isn’t so. Forms are only part of the picture. An important part, but not the whole […]

Filed Under: Consumer Rights, You & your lawyer Tagged With: 2021

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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

How To Pay For Bankruptcy When You’re Flat Broke

One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you're smart, an experienced lawyer to make sure … Read more

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