Another purported financial professional has confidently and conclusively gotten the bankruptcy means test absolutely dead wrong. And used that wrong conclusion to steer someone away from bankruptcy. Mt. St. Helens has nothing on me in terms of venting. How can financial professionals get this so wrong, more than a decade after the means test was enacted? Mangling the […]
Ten Debts That Follow You After Bankruptcy
Some debts just follow you out of bankruptcy. Not many but a few. These debts continue to be collectible even after a Chapter 7 discharge. The discharge in Chapter 13 is different and broader: just another reason to choose Chapter 13. 1. Family support Regardless of what it’s called, court ordered payments for support […]
How A Careless Bankruptcy Can Bite Your Family
Your bankruptcy can affect your family even though they haven’t filed bankruptcy. Transfer assets or repay debts , and you can expose family to attack by the bankruptcy trustee. Even if not fatal, the trustee’s bite can leave scars. How family gets sucked in I sat waiting for my turn at a bankruptcy hearing last week […]
The Easiest Business Loan In Town
Running a small business is hard work. Cash flow is tight; time is in short supply. When there’s just not enough in the bank to cover payroll, the easiest loan in town is from the Bank of Uncle Sam. There’s no application, no review, no waiting. You just give employees their checks, net of […]
Who Owns Your Business When You File Bankruptcy?
The bankruptcy trustee’s question was straightforward (if inartful) yet the business owner nearly blew the answer. The trustee asked: are you the sole owner of your business? When my client hesitated, she followed up: are you a sole proprietor? Focusing on the fact that he was the only person with an interest in the business, […]
Mortgage Forbearance For Non-government Backed Loans
Are you one of the homeowners whose mortgage isn’t eligible for the government’s COVID forbearance protections? Home loans not backed by the federal government are excluded from the protections for borrowers implemented by FHFA . But as much as one third of US home loans are not backed by the federal government. If that includes […]
When Is The Right Time To File Bankruptcy
It can be hard to know when it’s the right time to file bankruptcy. But I was blown away by the man who called my law office. Should I wait until all of my savings are gone to file bankruptcy?, the caller asked. And he didn’t mean, until my net worth is greatly reduced; he meant, until […]
Who Gets Grannie’s Cash – Grannie Or The Bankruptcy Trustee?
When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee […]
Debt Collector Threats: Which Ones Are Real?
“What debt collector threats should people be afraid of?” was the question my friend bankruptcy attorney Cathy Moran asked. To which I replied, “Afraid of? Pretty much none of them!” Because they’re mostly all empty threats. You’re not going to jail, They are not going to come get you, Your credit is not about to […]
Marital Separation Doesn’t Require Two Homes
Split the sheets in California, and your wages are no longer community property. That’s because property acquired during marriage but after a marital separation isn’t community property. That’s been California law for a long while. The sticky wicket has been drawing the line when the marriage has broken down and the couple has separated. “When” they separated determines […]
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