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How Avoiding Probate Ended Up In Bankruptcy

By Cathy Moran

Do it yourself seems so industrious and self reliant. And we’ve been bombarded with books, speeches and courses on the evils of probate. So, I guess it should be no surprise when people try DIY  schemes to both avoid probate and avoid lawyers who create probate-avoiding trusts. Yet they forget an unavoidable truth:  the transfer […]

Filed Under: Featured, True Stories

Locked Out Of Court: The Not-So-Fine-Print Arbitration Clause

By Donald Petersen

arbitration agreements

Equifax and the CFPB have teamed up, sort of, to focus attention on consumer rights when dealing with huge consumer businesses.  Equifax, alongside Wells Fargo of the millions of unauthorized bank accounts, want to limit their customers’ access to the legal system.  Their boilerplate agreements prohibit customers banding together in class actions, and lock individual […]

Filed Under: Featured Tagged With: 2017

3 Things Turn Off This Bankruptcy Lawyer

By Cathy Moran

Looking to find a bankruptcy lawyer. Then you need to know what makes a good bankruptcy client. A good bankruptcy lawyer doesn’t waste time with some kinds of prospective clients. TThat’s because an experienced bankruptcy lawyer can see trouble from the start. So what would make a bankruptcy specialist turn down work? That is, other […]

Filed Under: Featured, You & your lawyer Tagged With: 2016

Protect Your Credit After Equifax Security Breach

By Cathy Moran

EQUIFAX data breach

Half the US population may be affected by the hacking of credit reporting agency Equifax.  I’m in that group along with 143 million other Americans. Stolen were names, addresses, dates of birth, and Social Security numbers.  Some credit card numbers were also lifted.  Everything an identity thief needs to ruin your financial life. Equifax is […]

Filed Under: Featured Tagged With: 2017

All Star Soapbox Posts For 2017 – The Readers’ Favorites

By Cathy Moran

best of Soapbox

We’re half way through the year here on the Bankruptcy Soapbox.  Let’s take an All Star break and single out the best performing posts so far this year. Strikingly, the team is all veterans.  Not a single post written in 2017 cracked the top ten. Nor did the two topics that animate me the most, […]

Filed Under: Featured Tagged With: 2017

Bankruptcy Alphabet: Y is for Yoke

By Cathy Moran

  Y, in my Bankruptcy Alphabet, stands for Yoke. Debt is a yoke around the neck of a person.  It keeps him harnessed to the weight of past financial decisions and, sometimes, to events over which he had no control. There are times in life when the right course is to put your shoulder to […]

Filed Under: ABC's of bankruptcy, Featured

How Will Bankruptcy Filers Retire?

By Cathy Moran

provide for retirement

  Contributions to 401(k) retirement  plans during a Chapter 13 are not forbidden, as claimed by a colleague. He paints with far too broad a brush. A better reading of the Parks decision by the 9th Circuit Bankruptcy Appellate Panel is narrower: The debtor cannot deduct from their income their on going contributions to a 401(k)  […]

Filed Under: Featured

The Dozen Most Important Bankruptcy Posts Of 2016

By Cathy Moran

bankruptcy advice on target

Last week, I let readers pick their favorite new bankruptcy posts from 2016 . It was a good bunch. Now, it’s my turn. Here are the dozen new posts for this year that struck a chord with me. If there’s a theme, it’s the subject matter, rather than the style. Each post is on target on issues […]

Filed Under: Featured Tagged With: 2016

Your Picks For The Best Of Bankruptcy Soapbox For 2016

By Cathy Moran

Best Bankruptcy Blogs

Jumping the gun on year-end by a bit, I’ve gathered up the 10 most-read new posts on Bankruptcy Soapbox in 2016. Without need of an envelop, please,  here they are, in reverse order: 10.  Why The Gap Between Judges & Attorneys About Fees Most bankruptcy judges never walked a mile (or any distance) in the […]

Filed Under: Featured

Spotting The Mean In The Means Test

By Cathy Moran

means test

Just being a consumer is enough to put you on Congress’s bad side when it comes to bankruptcy. How do I know? I read the “reformed” bankruptcy code where the means test discrimination is blatant. Only those individuals whose debts are primarily consumer debts have to prove that they aren’t abusing the bankruptcy laws. The […]

Filed Under: Featured, Means test, True Stories Tagged With: 2016

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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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