We talk a lot about taxes here on the Soapbox. That may seem a strange thing for a bankruptcy law firm to highlight. But it’s not strange when you realize that taxes are the cause of many of our clients’ financial problems. Filing date is barreling down on us. So, here’s a sampler of how […]
Dates, Mates, and Debts In A Community Property State
Scoping out dates and mates by their credit scores at first seems far fetched and overblown. Not to mention it pretty much kills romance. CNN reported on credit scores and dating. My colleague Frank Pipitone took off on the idea. But there is a kernel of wisdom there that couples in California need to heed. […]
3 Real Reasons Chapter 13 Plans Fail
Two out of three confirmed Chapter 13 cases fail. Those are cases that met all the tests and got the judge’s OK. And still they crater. That’s a heap of people, deeply in debt, who don’t make it out of debt by using Chapter 13. Arizona bankruptcy lawyer John Skiba has a theory about […]
Means Test As Three Dimensional Chess
Means test issues in bankruptcy extend far beyond how much income you have. The allowable expense deductions for your life after filing bankruptcy count, too. After an hour long initial consultation with a client, these complexities became clear when the client tagged the means test with incredible clarity. It’s like playing three dimensional chess Pretty […]
Legacy of the Mortgage Lending Frenzy Returns
Just when I thought that most of the pain from the mortgage lending bubble of a decade ago was behind us, we arrive at a painful milestone. Those 10 years-interest only loans from 2006 and 2007 are resetting. Instead of being interest only, they now move to principal and interest. And the balance originally borrowed […]
Worthless Mortgage Liens Keep Homeowner At Risk
The client originally had his choice of bankruptcy chapters. He could file Chapter 7, get quick relief, and put “everything” behind him. Or his could file Chapter 13, propose a plan that would strip the mortgage lien and pay the taxes that wouldn’t be discharged in Chapter 7. He chose 7, and briskly got a […]
Creditor Must Pay If It Loses A Bankruptcy Fight
The game isn’t very fair when the players are mismatched. Though bankruptcy court is hardly a game, it’s been unfair when it comes to attorneys fees for the winning party. California law provides that when a contract allows one party their fees if they prevail, the other party got their fees if they won. So, […]
Audited? Did You Tell The State Tax Authorities?
We’re all about sharing these days, aren’t we? So, did you share with the state tax authorities the outcome of your IRS audit? While telling the Franchise Tax Board that you owe more taxes to the feds may seem like inviting trouble, you gain by doing so. How? You set those taxes owed to California […]
Second Best Reason To Contribute To Retirement Fund Even If You’re In Debt
We’re not used to applauding those who are second-best. But I’m going to try. The second-best reason to make regular contributions to your IRA or 401(k) is that even if you file bankruptcy you can continue saving for retirement. Whooo hooo! Courts have struggled with whether payments into retirement plans are reasonable and necessary living […]
Surefire Ways To Tell Scammers From Private Tax Collectors
Private debt collectors are going back to work for the IRS. You know those debt collectors: the ones that generated the most complaints to the FTC this year? The ones that get a cut of what they collect? The ones that aren’t subject to the same discipline as IRS employee? Those collectors. They’ll be […]
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