We’ve been looking for ways to protect our possessions since the beginning of time. The tools change, but the goal is the same: defend what’s ours against others. Today, the whole asset protection industry is built on keeping your wealth and stiffing your creditors. The gurus of asset protection, at least, get rich with elaborate schemes; […]
What Small Business Needs From Government
This post was first published 10 years ago, in the midst of the Great Recession. I continue to think about the real challenges of running a small business and the balance needed between simplicity for the business owner and protections for the public. More below. Senator McCain this morning on Meet the Press reprised […]
The Trouble With Your Social Security
The caller says your Social Security file is incomplete and without more information, your assets, as well as your benefits, will be frozen. Pretty terrifying if you depend on Social Security checks. Only, it’s not true. The caller isn’t from Social Security. Social Security can’t freeze your assets. Social Security doesn’t do business by phone. […]
Ordinary Heroes Deliver Second Chances With Bankruptcy
Guest author Bob Schuman on the good that bankruptcy does. I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to […]
Sign Your Corporation’s Name So You Aren’t On The Hook
John Hancock knew how to sign his name- so large that King George could read it without his glasses. But could he sign for a corporation as effectively? Most small business folks who do business today as a corporation are clueless when it comes to signing contracts on behalf of their corporation. When they sign […]
Silicon Valley Horror Story: The Business Credit Card That Bit
I’ve long said that there is no credit card for which a real, live human being isn’t liable. (That may be an exaggeration, but not by much.) And I’ve long worried about the prospects for success of business startups financed on credit cards. But I’ve never seen a departing employee of a start up stuck […]
5 Small Business Mistakes That Thwart Success
In recognition of National Small Business Week, we look at what a bankruptcy lawyer knows about business. Everyone tells you what to do to succeed in business; you also need to know what not to do if you don’t want to fail. Running your own business is the classic American dream. It’s romantic and heroic. […]
How Guarantors Can Escape Tax On Soured Debt
Tax lawyer Bill Purdy and I shared a client with a small interest in a failed corporation with a huge SBA loan. Could our client escape the tax consequences should we be able to settle his liability on a million dollars in unpaid loan. Was the client looking at a million dollars of cancellation of […]
Financial Literacy Building Block: Compound Interest
Albert Einstein said compound interest is the 8th wonder of the world. Those who understand it, earn it. He who doesn’t, pays it. In other word, it’s a double edged sword. Terrific if you’re earning it. Debilitating if you’re paying it. And compound interest is a fundamental building block of personal financial literacy. […]
Does Marriage Make Me Liable For My Spouse’s Debts
Countless times, a client announces that he won’t marry the love of his life until he’s fixed his debt problems. Noble thought, but unnecessary in California. Even though we have a community property system of marital property. His bride will not become liable for the debts he brings to the marriage. If the newlyweds elect to have community property, […]
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