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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

Planning For Bankruptcy: Keep Your Tax Refund

By Cathy Moran

Getting a tax refund check from the government is usually a great thing. Or at least, if you ignore that the government is returning YOUR money as a tax refund.  You’ve struggled without the money for a year while Uncle Sam used it without interest. But if you’ve filed bankruptcy during the tax year, the […]

Filed Under: Before You File, Taxes

Bankruptcy Discharge Slays IRS Form 1099

By Cathy Moran

form 1099

In a duel between a tax Form 1099 and a bankruptcy discharge, bankruptcy wins every time. The prize?  no tax on debt discharged in bankruptcy. So, if you’ve already gotten your discharge, the creditor’s 1099, with your social security number on it, is no threat. But you do need to file another form to secure […]

Filed Under: Consumer Rights, Taxes Tagged With: 1099, 2019

Your Business Partnership Needs A Prenup

By Cathy Moran

business divorce

Financial partnerships are at least as challenging as marriages.  And business deals don’t have love to smooth the rough spots in the relationship. The traditional marriage service ends with the charge that what God has joined together,  let no man put asunder. That’s great with love, but not so great with money. Something will likely asunder […]

Filed Under: Consumer Rights, Small business Tagged With: co owners, investor, joint venture, partnership

California Homestead Exemption: The Truth Isn’t What You Think

By Cathy Moran

how california homestead works

“They can’t take my house, whatever happens.  Right?” The young man in my office “knew” how the California homestead works: he insisted that his home was exempt as a California homestead, even if he filed bankruptcy. He “knew” that credit card debt was dischargeable. And that “knowledge” lead to his conviction that , in bankruptcy, […]

Filed Under: Strictly California, True Stories Tagged With: 2018

The Essential Step To Get Your Day In Court

By Cathy Moran

defending debt suit

When you’re sued on an old debt, it’s easy to imagine appearing on the court date to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. It’s a comforting image, but it will never happen if you haven’t taken the first […]

Filed Under: Debt Collection Rights, Featured Tagged With: collection, court, lawsuit, sued

Your Tax Refund Is Exposed In Bankruptcy, Unless…

By Cathy Moran

tax refund bankruptcy

The prospect of a tax refund makes most of us light up  even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]

Filed Under: Considering Bankruptcy, Consumer Rights, Taxes Tagged With: 2018

Information is power….become more powerful

By Cathy Moran

knowledge is power

In the information age, we’re inundated with information about bankruptcy. Some of it accurate and much of it nonesense or worse. Half the people who’ve filed bankruptcy wouldn’t dream of telling you about it, and those who do talk are as likely to spread outdated or erroneous information as accurate, relevant information. The more you […]

Filed Under: Featured Tagged With: 2025

Debt Can Kill You If You Let It

By Cathy Moran

Debt is deadly. There is a straight-line connection between debt and health: the stress of too much debt erodes physical health. The single largest source of stress in the US, at least before COVID-19, is money. Or lack of money. Other potent sources of stress include work, the economy, family and relationships.  As a bankrutpcy […]

Filed Under: Considering Bankruptcy, Featured

How Long Does Bankruptcy Take?

By Cathy Moran

Every client filing bankruptcy asks that question: how long will bankruptcy take? Probably, the real question is “when will this be over?” Like so many questions in the law, the answer is “it depends.” From filing bankruptcy to discharge In a Chapter 7, filing to discharge is about four months;  in Chapter 13 it’s three […]

Filed Under: Consumer Rights

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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

Bankruptcy Alphabet: F is for First

In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the that meeting; it produces unwarranted anxiety that is avoidable if you understand what's up. Let's check it out. The first meeting of creditors, also called the 341 meeting, is often the only time a debtor has to appear … Read more

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