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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

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

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

Asset Protection For Free

By Cathy Moran

Before you sign up with the guy in the ad, explore free asset protection, courtesy of Uncle Sam. Everyone would like to enjoy their money without worry about creditors taking it from you. That’s the point of asset protection. A substantial industry run by expensive professionals will scatter your money between interlocking partnerships and off-shore corporations […]

Filed Under: Consumer Rights Tagged With: asset protection, creditor suits, exemptions

Can A Trust Protect You In Bankruptcy?

By Cathy Moran

protect assets in bankruptcy

Can a living trust protect your assets in bankruptcy? Or, anywhere else? According to the lawyer advertising and the self-help books, everyone needs a living trust. The asset protection industry loves irrevocable trusts, another much touted trust. An irrevocable trust gets assets out of your name for all time. Unless of course, they are attacked in […]

Filed Under: Consumer Rights Tagged With: 2017

Debt Collection Breakthrough Protection

By Cathy Moran

lawsuit on old debt

The new rule defines attempts to collect a time-barred debt a false or deceptive practice, forbidden to debt collectors. The new prohibition becomes effective November 30, 2021 when amendments to the rules associated with the federal Fair Debt Collection Practices Act become law. New rule applies to debt collectors Importantly, the FDCPA applies only to […]

Filed Under: Consumer Rights, Debt Collection Rights Tagged With: 2020, debt collection

Five Ways To Bankruptcy Proof Your Divorce

By Cathy Moran

No matter how prejudicial or unfair, a Chapter 13 discharge will relieve a former spouse of obligations of all obligations to their ex except for support. It’s too late to protect your hard won rights to non support payments once the bankruptcy is filed. Let’s look at how ex spouses are vulnerable to a bankruptcy discharge. Then […]

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

Are You Better Off With Bankruptcy?

By Cathy Moran

Bankruptcy trends meaningless

Who cares whether bankruptcy filings are up or down? Bankruptcy professionals, certainly. Economists, probably. But if it’s you and your checkbook, you take little comfort that lots of others are filing.  Nor, when everyone else seems to be making it OK  while you flounder, are you reassured. Bankruptcy seems to follow economic expansion.  Some expansion […]

Filed Under: Considering Bankruptcy, Consumer Rights

Means Test Cheat Sheet 2: Taxes In Bankruptcy

By Cathy Moran

bankruptcy means test trick

If the most useful trick for beating the means test involves projecting health care expenses, the second most useful trick involves taxes. Tax troubles drive the filing of a large percentage of bankruptcy cases these days.  It makes sense:  bankruptcy is a powerful tax tool and a  bankruptcy judge can be a good ally when […]

Filed Under: Consumer Rights, Means test Tagged With: 2016

Speak Fluent Bankruptcy: Guide To Essential Bankruptcy Terms

By Cathy Moran

bankruptcy terms

Bankruptcy has its own language.  If you are considering filing bankruptcy, it helps to know the language spoken there. Master just a couple of words and phrases, and input from a bankruptcy lawyer starts to make sense. So, in our continuing campaign for better understanding of bankruptcy, here’s a dozen phrases from the language of […]

Filed Under: Consumer Rights Tagged With: 2017

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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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