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 […]
“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 […]
The Difference Between Good Bankruptcy Lawyer and Great Bankruptcy Lawyer
Finding the right bankruptcy lawyer may be the difference between a successful bankruptcy and a nightmare. Choosing a lawyer you can talk to is critical because the basic bankruptcy bargain is full disclosure in exchange for discharge of debts. You’ll be disclosing lots of information normally held confidential. But there’s more. It’s not just a […]
Pay Off Credit Cards Without Interest: Bankruptcy For The Solvent
Once again, Chapter 13 rescued a client. He’ll get out of debt and pay off credit cards with no interest going forward. So many people tell me they could pay off the credit card balance if it wasn’t for the high interest. This client owned a home, had a job, and was solvent on paper, but […]
How Many Collection Calls Is Too Many
The CFPB has answered the burning question of how many collection calls is too many. Starting November 30, 2021, seven calls within seven consecutive days is the limit. More collection calls than that constitutes prohibited harassing conduct. And harassing conduct violates the Fair Debt Collection Act. Remember that the FDCPA governs the conduct of debt […]
Double Dipping On Retirement Savings
Any time you can double your retirement savings and protect your money from creditors is a good time of the year. The period between New Years and Tax Day is my favorite time of the year, just for that reason. You can make contributions to your IRA last year AND contribute to this year’s IRA […]
Bankruptcy Busts Taxes If The Timing Is Right
Got unpaid taxes for 2019? Three tax discharge timing rules control when those taxes can be wiped out in bankruptcy. On April 15, 2023 those taxes reached the end of the line as priority claims in bankruptcy. Or, the magic date may be October 15, 2023, if you got an extension to file the return. […]
Has Your Social Security Number Been Suspended?
The latest variety of tax scam picked the wrong target when they called my fellow bankruptcy lawyer Wayne Silver. Your social security number has been suspended, claimed the caller. Having no identity is scary. What’s a guy to do without a Social Security number? It’s sad that we are reduced to needing a number to validate […]
Co Signers Put Themselves In Creditor’s Crosshairs
The liability of a co signer is the single most common misunderstanding about the law that I see. Put bluntly, a co-signer is just as liable for the debt as the primary borrower. Co sign someone else’s debt and you put yourself in the creditor’s cross hairs. That should make the hair on the back […]
All You Need To Know About Bankruptcy Stay & Pending Litigation
When a trial date looms, bankruptcy may look better and better to a defendant. Bankruptcy can be the emergency exit from a bad situation that is about to get worse. That’s because every bankruptcy case comes with an automatic stay . That’s a federal court injunction automatically entered when a bankruptcy case is filed, protecting the […]
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