California bans evictions for non payment triggered by the COVID-19 shut-down under Gov. Newsom’s executive order of March 27,2020. The protection comes with a big IF: A tenant must act to trigger these protections, which run through May 31,2020. Who is protected The order covers tenants who have been laid off had hours cut suffered […]
The Fate of Second Homes In Bankruptcy
Homestead exemptions protect a principal residence when someone files bankruptcy. But what about second homes and rentals? Are they toast in bankruptcy? Not necessarily. Like many legal questions, it depends. Homes protected from creditors The legal system has a reverence for the home debtors live in. It recognizes the importance of shelter and stability to […]
Bills I Gotta Pay, But There’s A Pandemic Out There
I have bills I have to pay but no income. That despairing line was repeated over and over again in interviews with pandemic-furloughed workers on last night’s news. COVID-19 has ground the economy to a halt, no one’s working, and no money is flowing. Whether it’s called social distancing, shelter in place, quarantine, or lock-down, […]
Reaffirm Your Car Loan: The Bankruptcy Fight You Hope To Lose
It isn’t often I go into bankruptcy court, hoping to lose. But when the issue is reaffirmation of a car loan, that’s the strategy. I desperately want the judge to deny approval of my client’s proposed reaffirmation of his car loan. And most of my judges will deliver, from the bench, the pitch I’ve made […]
You Can Make Debt Collectors Stop
You can make debt collectors stop. You don’t have to endure phone calls and threatening letters. In fact, you have a statutory legal right to be free from harassing debt collection. All it takes is a letter to the collector. We’ll show you how to write that letter and exercise your right. And, if you […]
Home Mortgage Forbearance: Will It Save Your Home From Pandemic?
Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help you think it is. And the lifeline may be far more fragile than you will need […]
Chapter 13 Bankruptcy Disrupted by Coronavirus
Has your Chapter 13 bankruptcy case been turned upside down by coronavirus? You are not alone. And attorneys, trustees and judges are all working on adaptations and adjustments that will save pending cases. Practices and procedures in Chapter 13 vary widely around the country. What follows is what I see here in the Bay Area […]
If You Can’t Make Your Car Payment During The Virus Shutdown
How am I going to keep my wheels while the coronavirus looms? The fight against the coronavirus has cut off income for millions. While there’s been broad discussion about mortgages and student loans, there’s less discussion about rent. So far, I’ve heard no governmental discussion about how to proceed if you can’t make car […]
Explaining The Increase In Monthly Mortgage Payments On Long Established Loans
Why has my mortgage payment increased so much? That’s the question I’m getting from lots of clients recently. Interest rates are creeping up on variable rate loans, but not dramatically. For most of those asking, it’s because the interest-only period of their home loan has run. Loans promised increased mortgage payments Borrowers forgot that lots […]
Bankruptcy Alphabet: Q is for Questions
The letter Q stands for Questions in my bankruptcy alphabet. Like the storied Light Brigade, “stormed at with shot and shell” , we in bankruptcy are peppered with questions, not cannons. Those considering bankruptcy have the profound questions:will bankruptcy improve my situation? what will I give up to get a bankruptcy discharge? what is life […]
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