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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

What Happens To Cash In Bankruptcy?

By Cathy Moran

keep cash in bankruptcy

How much cash can you keep when you file bankruptcy? It’s not as though you won’t have living expenses after you file bankruptcy. You need to know how you’ll manage and what you’ll have to manage with. Funding that fresh start is what exemptions are all about. We are talking here about California because exemptions, […]

Filed Under: Strictly California Tagged With: cash, exemptions, money

Whopping exemption for CA 529 college accounts

By Cathy Moran

college saving exemption

A substantial new California exemption snuck into law in 2021. It protects 529 college savings accounts from the creditors of parents. The exemption applies in all California collections and to California bankruptcies when the CCP 704 exemptions are selected. The eyeopener is that a parent (or other donor) can contribute the amount of the federal […]

Filed Under: Strictly California Tagged With: California, college savings, exemptions

The Biggest Lie About Bankruptcy

By Cathy Moran

possessions are sold

Read anything about Chapter 7 and you get, “Your possessions are sold in Chapter 7 bankruptcy.“ That is, flat out, the biggest lie about bankruptcy. It’s a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off from getting relief from debts they can’t […]

Filed Under: How bankruptcy works Tagged With: bankruptcy sale, exemptions, liquidation

Women win new protections in California exemption law

By Cathy Moran

exemptions benefiting women

New California exemption laws will expand protections for alimony and eliminated a barrier to filing for bankruptcy protection without the involvement of an estranged spouse. Although not limited to women, in the bulk of cases in my 40+ years of practice, it’s women who will most often benefit from these changes. Exemptions operate to define […]

Filed Under: Strictly California Tagged With: 2023, alimony, exemptions, spousal waiver, support

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

California Gets New Homestead

By Cathy Moran

California homestead

The California Legislature enacted a dramatic increase to the state’s homestead law at the very end of the legislative session in August. It became effective January 1, 2021. The dollar amount of the homestead increased to a minimum of $300,000 and a maximum of $600,000. Gone is the link between marital status or dependents. Every […]

Filed Under: Featured Tagged With: exemptions, homestead

California Homestead Works In Other States, Too

By Cathy Moran

California homestead

California homestead law drives bankruptcy exemptions even for those who no longer live in California. Strange, when the homestead statute was state law originally written for Californians. Two things have expanded its reach:  bankruptcy “reform” and the concept of extraterritoriality. The third driver, of course, is mobility:  we seem much more likely these days to […]

Filed Under: How bankruptcy works Tagged With: 2019, exemptions

New California Bankruptcy Exemptions

By Cathy Moran

california exemptions

Californians filing bankruptcy got some new exemptions to protect their assets on January 1, 2023. Plus, we will see the triennial inflation increases in April, 2023. California has its own set of exclusively bankruptcy exemptions, as an alternative to the standard state law exemptions. California opted out of the Bankruptcy Code’s exemptions, in favor of […]

Filed Under: Strictly California Tagged With: 2019, exemptions

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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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