What do you really owe on your home mortgage when you get to the end of your Chapter 13 case? For years, homeowners couldn’t tell where they were or how to get answers. But with the recent changes to bankruptcy rules, you don’t have to wonder where you stand with your mortgage lender. Starting December […]
Which Debt Collector Threats Should You Be Afraid Of?
Threats are the tools of the trade of debt collectors. Why not? Fear is effective to get people to do stupid things. That’s why debt collectors use it. Pay up or… Terror shuts down rational thinking and upends priorities. As a bankruptcy attorney, I meet lots of people because they’ve panicked. A debt collector has threatened […]
What Everyone Knows About Bankruptcy: Not
Lots of people profess to know all about bankruptcy. Whether they have good information or not. But other professionals should know better than to advise people about the workings of bankruptcy. And if they don’t know better, they should be made to pay, in some exquisitely painful way, for the harm they inflict with bad […]
The New Rules Of Asset Protection
I coined a new rule about asset protection schemes after meeting with a bankruptcy prospect: If the asset protection plan is too complicated for the owner to explain, it probably won’t stand up to challenge. This man had paid an attorney a fistful of money to create LLC’s and limited partnerships, each of which held fractional […]
When Is Individual Business Owner Liable for California Sales Tax
Even when corporate retailers collect California sales taxes from customers, the individuals running the entity face liability for that debt. That’s because, , if the business doesn’t pay, state law allows collection from the business owners themselves The rules are complicated and the results can be harsh if the business falls behind. So business people […]
New California Homestead In Action
The California homestead increase effective January, 2021brought the homestead closer into line with the cost of a home in the Golden State. It’s a change for the better. But how will the change impact the balance of homestead law? Time, or further legislation, will tell. The newly enacted version of California Code of Civil Procedure […]
The Kind of Person Who Files Bankruptcy
You’d think the person who files bankruptcy is some alien fraudster, to listen to my clients. This is last place I ever expected to be, says the client sitting in my bankruptcy office. I hear that probably twice a week. Or, the client assures me: I’m not the kind of person who doesn’t pay their […]
The Biggest Lie About Bankruptcy
The claim that you lose everything in bankruptcy is, flat out, the biggest lie about bankruptcy. Read anything about Chapter 7 and you get, “Your possessions are sold in Chapter 7 bankruptcy.“ It’s a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off […]
Your Right To Credit Reporting After Bankruptcy
You’ve finished your Chapter 13 and emerged from bankruptcy with your home loan current. But your credit report is a blank page as to your mortgage. The mortgage servicer isn’t reporting your payments to the credit reporting agencies [CRA’s]. Nothing. Nada. Crickets. So, even though you’re making regular payments, you’re not visibly rebuilding your credit. […]
“Hold Harmless” Survives “To Have and To Hold”
Divorce usually requires the division of the debts of the marriage along with the assets. The legalese usually requires each party to indemnify and hold harmless the other from the debts assigned to that party. Most folks skim over that provision to worry about the division of assets or support issues or the termination of […]
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