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Bankruptcy Discharge For One Spouse Yields Benefits For Non-filing Spouse

By Cathy Moran

bankruptcy protection for non-filing spouse

Spouses don’t have to file bankruptcy together. Often there are strategic reasons for only one spouse in a community property state like California to file. So, where does that leave the non-filing spouse when creditors come calling? Community property in bankruptcy Central to this discussion is the way the Bankruptcy Code treats community property. When […]

Filed Under: Featured Tagged With: 2022, community property, discharge, filing alone, non-filing spouse

Does Debt Discharged In Bankruptcy Stay Gone Forever?

By Cathy Moran

debt discharged in bankruptcy

Can debt bankruptcy in bankruptcy come back to haunt me? Worried clients ask me this all the time, fearful that the relief they get from their creditors in bankruptcy is only temporary. The short answer is no. The automatic stay that stops collectors when you file bankruptcy is replaced, at the end of the case, […]

Filed Under: Featured Tagged With: debt collectors, discharge

Does THIS Violate My Bankruptcy Discharge?

By Cathy Moran

discharge violation

When creditors contact you after your bankruptcy, you need to know what actions violate the discharge, and which are permitted by law. Having been through the financial wringer and having been proactive to get out from under old bills,  you hope for a tranquil and prosperous life after bankruptcy. When creditors violate the discharge, they […]

Filed Under: How bankruptcy works Tagged With: 2017, collection, discharge

Do I Have To File Bankruptcy Before There’s A Judgment?

By Cathy Moran

time to discharge judgment

Can I discharge a judgment once it’s entered, was the first question the caller asked. Do I have time to file bankruptcy? The caller was sure he had to file bankruptcy before the court entered judgment or he’d be stuck with the judgment forever. Not so. Bankruptcy discharges judgments. And, a judgment in California does not […]

Filed Under: Considering Bankruptcy, Strictly California Tagged With: bankruptcy, discharge, judgment

When Can I File Bankruptcy Again

By Cathy Moran

filing 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 […]

Filed Under: How bankruptcy works Tagged With: 2019, discharge, eligibility

Bank Account Safe From Credit Card Debt

By Cathy Moran

credit card offset

Your bank can’t take your money in an account to pay their credit card. That’s one less thing to stress about. Credit cards and bank accounts are an exception to the old saw that possession is 9/10th of the the law. After all, the bank would have possession of the money on deposit and a […]

Filed Under: Featured Tagged With: discharge, offset, set off

Skip Filing Your Tax Return And The Tax Lives Forever

By Cathy Moran

Tax Myth Saddles You WIth Tax Forever

It’s tax season and tax myths are everywhere.  Know what the most dangerous one is? If you can’t pay the tax on the return, you’ll escape collection action if you keep a low profile by not filing the return. I hear it repeatedly, each year, year after year.  And it’s wrong, over and over. Four […]

Filed Under: Taxes Tagged With: bankruptcy, discharge, tax return, taxes

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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