G is for guaranty in my Bankruptcy Alphabet. A guaranty is just as much a debt as the bills one incurs directly, yet guaranties are often forgotten when the list of creditors is assembled to file bankruptcy. Any time you sign for a debt, yours or someone else’s, you create a legal relationship. The lender […]
Bay Area Loan Modification Scam Busted
People are desperate to save their homes; scammers are pleased to part them from their money. Two Bay Area men were convicted this week of foreclosure consultant fraud. The men took money from homeowners seeking loan modifications. Sounds innocent enough, until you recall that California law prohibits anyone, even an attorney, from taking money in […]
Oakland Bankruptcy Judge Upheld At 9th Circuit
Ruling against the California Franchise Tax Board, the 9th Circuit upheld Oakland bankruptcy judge Edward Jellen’s decision in the Chapter 13 case of Brenda Marie Jones. At issue was whether Jones could discharge a state tax debt in her Chapter 7 case; the question turned on an arcane question of what the Bankruptcy Code means […]
No Recourse for Junior Lien in Short Sale
Junior lenders who consent to a short sale of underwater homes are barred from seeking to collect anything further from sellers under a newly enacted California statute. The law, signed on July 15, 2011, becomes effective immediately. It applies to properties, held by individuals, comprising 1-4 residential units. Senate Bill 458 accords the same restrictions […]
Your Choices For The Underwater House
Gerri Detweiler kicks off a six part series on dealing with a home worth less than you owe at Credit.com. Check her out this week for another point of view on this oh-too-common problem. I’m fond of her piece especially since she includes my lament that I spend my days talking people out of houses. […]
Self Employed, But Not By Choice
One of the thorniest problems I’m confronting in the Great Recession is what advice to offer to those who are self employed only because there is no option. In the past year, I’ve seen half a dozen folks whose small business isn’t really making it. In better times, I would have urged them to acknowledge […]
How Long Til Foreclosure?
Everyone who has made the painful decision to let an unaffordable house go to foreclosure wants to know: how long before they have to get out. While the statutory foreclosure process in California , on paper, takes a little more than 4 months, if the the creditor is perfectly efficient, creditors aren’t perfectly efficient. In […]
Tax Fallout from Foreclosure & Loan Modification
It’s bad enough when the client loses their home to foreclosure, but it’s a double whammy when the tax bill arrives for money they never saw. Scope out the tax traps in the world of indebted clients at a 2 hour workshop for lawyers and tax professionals April 9 at Lincoln Law School. Be prepared […]
Debtor Bites Collector Over Stale Debt
The collection law firm had to pay, not the debtor, when they sued a disabled man on a stale debt without facts to validate the claim. The consumer got an award of actual and punitive damages totaling $311,ooo from the debt collector under the Fair Debt Collection Practices Act . The case, McColllough v. Johnson, Rodenburg & […]
Who files bankruptcy?
The latest news from the office of the courts is: lots of people. Sixteen percent more bankrupties than last year in San Jose. The release of the 2010 statistics brought a flurry of journalists to my door. In preparing to talk to a TV reporter who wanted to know what changes I had experienced in […]
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