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Why Some Chapter 13 Payments Are A Heavy Lift

By Cathy Moran

heavy plan payments

Why do Chapter 13 plan payments end up too high to pay if Chapter 13 is supposed to be a financial reorganization? How are plan payments allowed to consume nearly all of monthly wages? The short answer is that the infamous means test isn’t the only factor driving the monthly payment in Chapter 13. The […]

Filed Under: Chapter 13, Featured Tagged With: 2026, chapter 13, confirmation tests, plan payments

How To Defend Yourself Against the Weapons of a Debt Collector

By Cathy Moran

debt collectors

Dealing with debt collectors requires that you understand their weapons. The real weapons of debt collection aren’t lawyers and lawsuits: they are fear, shame, and annoyance. They want to get inside your head and use your emotions against you. Manipulating your emotions is quicker and cheaper than going to court to get a judgment. Once […]

Filed Under: Featured Tagged With: 2026, debt collection, weapons of debt collector

What Can Creditors Object To In My Bankruptcy Case

By Cathy Moran

objext

Creditors in a bankruptcy case get 60 days from the 341 meeting to file objections. Just what kind of objections can a creditor in a bankrupty file? Creditors can object to two things: the dischargeability of their claim against the debtor or the grant of a discharge as to all debts. They can’t object just […]

Filed Under: Featured Tagged With: 2026, except debt from discharge, file objection, objection to discharge

The Bankruptcy Process, Step by Step To A Fresh Start

By Cathy Moran

steps in bankruptcy process

Let’s walk through the basic bankruptcy process and what’s required to wipe out debts you can’t pay. I’ll keep this simple and assume that you’ve decided to file. ( At each step, links will point you to a further discussion of each issue. ) If you are undecided about whether bankruptcy is the right decision, […]

Filed Under: Featured Tagged With: 2026, filing bankruptcy, steps in bankruptcy

Can My Bankruptcy Discharge Be Denied?

By Cathy Moran

bankruptcy denied

Bankruptcy law presumes that a debtor will get a discharge in a properly filed case. The few reasons a discharge may be denied are spelled out in the Bankruptcy Code. The overwhelming number of Chapter 7 cases result in a discharge. There are no subjective tests for getting a discharge; you don’t have to prove […]

Filed Under: Consumer Rights Tagged With: 2026, discharge denied

What’s Your Retirement Theme Song?

By Cathy Moran

tax time

Why does tax season put me in mind of September Song ? Oh, the days dwindle down, to a precious few…. A precious few days to make your contribution to tax advantaged retirement accounts. Or, do you tap your foot to a different song:  Do You Believe in Magic?  Do you expect that finances in your old […]

Filed Under: Featured, Life after bankruptcy Tagged With: 2026, old age, retirement

Earmark Tax Payments To Get Proper Credit

By Cathy Moran

earmark tax payment

Get proper credit for tax payment by earmarking. That way, you can tell the IRS how to apply any payment you make voluntarily. Earmarking your check requires them to skip their rules and apply the payment to the tax you direct. Bravo for a small measure of taxpayer control. The term “earmarking” traces to the […]

Filed Under: Consumer Rights, Taxes Tagged With: 2026, earmark, tax payment

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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