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Stay At Home Doesn’t Mean Get Left Behind At Retirement

By Cathy Moran

Just because you don’t work outside the home doesn’t mean you can live on nothing in your old age. If you are married and your spouse has qualifying income, you can contribute to a spousal IRA. And you should. The IRA rules for a nonworking spouse are essentially like the rules for an employed person: […]

Filed Under: Consumer Rights Tagged With: IRA, non-working spouse, retirement

When Your STBX Files Bankruptcy: An Action Plan

By Cathy Moran

stbx bankruptcy

Whether the news comes by phone or mail, the notice that your soon-to-be-ex spouse has filed bankruptcy can bring fear and confusion. You need some facts and a plan, now. So let’s look at how bankruptcy affects a non filing spouse and how to chart a course through a STBX bankruptcy case. Child support safe […]

Filed Under: Consumer Rights, Family Law Tagged With: divorce, family law

California Bankruptcy Law Is All Our Own

By Cathy Moran

california bankruptcy law

California Bankruptcy law is a lot like a unicorn….appealing but imaginary. Instead, we have bankruptcy in California, where the landscape is shaped by community property;  state exemptions, large mortgages, and the 9th circuit court of appeals. Like the Merced River cutting through the granite of Yosemite, those factors alter the bankruptcy landscape here. Community property […]

Filed Under: Strictly California Tagged With: 2016, california bankruptcy

Do You Need To Reaffirm Your Home Loan After Bankruptcy?

By Cathy Moran

refinance after bankruptcy

Banks, most especially Wells Fargo, seem to relish denying refinance applications for debtors who didn’t reaffirm home mortgage in bankruptcy. You didn’t reaffirm your existing home loan, so we can’t refinance that debt, they chortle. Sometimes, the dig is even more painful (to me at least):  your attorney didn’t do this right so you are […]

Filed Under: Real property & mortgages Tagged With: 2018, California, reaffirm

Facing Foreclosure, You Need A Plan B

By Cathy Moran

stop foreclosure

Bankruptcy stops foreclosures, with certainty. It’s the surefire defense to a scheduled foreclosure sale. Then why do homeowners keep waiting til the day before the sale to find a bankruptcy lawyer? Most of the other ways to stop a foreclosure sale require either gobs of money or an agreement with the existing lender or a […]

Filed Under: Real property & mortgages

Wage Garnishment Survival Guide

By Cathy Moran

“Your wages have been garnished, ” reads the letter from your employer. Do nothing and twenty-five percent of your after-tax earnings will be sent to your judgment creditor. So, do something:  keep reading this action guide for Californians subject to a wage garnishment. This guide has three parts: the short run guide for minimizing the hit […]

Filed Under: Strictly California

Which Bankruptcy Chapter Is Right For Me?

By Cathy Moran

choose bankruptcy chapter

Seven or Thirteen? 13 or 7? When you have a choice, how do you decide which chapter of bankruptcy works best? Usually, the choice is driven by the scope of the discharge and the kind of debts you have. More kinds of  debts are dischargeable in Chapter 13 and the automatic stay protects you for the […]

Filed Under: Consumer Rights, True Stories Tagged With: 2016, choose chapter, timing

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

The Unexpected Loss When Tax Returns Filed Late

By Cathy Moran

late tax returns

Late tax returns can cost you big-time. File seriously late returns and you get no credit for toward your Social Security. Betcha didn’t know there was a connection between income taxes and your Social Security benefits.  This was a new one for me. I’ve written often about the negative consequences of putting off filing tax returns. But […]

Filed Under: Consumer Rights, Taxes Tagged With: 2018, social security

Six Tips For A Worry-Free Bankruptcy

By Cathy Moran

What happens after filing bankruptcy ? Your bankruptcy case is filed. After you’ve assembled all the paper, after you’ve answered endless lawyer questions, and after you’ve filed all the bankruptcy schedules in your case with the court. what do you need to do now? Actually, relatively little happens after you’ve filed your bankruptcy.  The heavy […]

Filed Under: How bankruptcy works Tagged With: after bankruptcy

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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

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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