The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it’s health care. It’s health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means […]
4 Compelling Reasons To File The Tax Return Even If You Can’t Pay
Should you file the tax return if you can’t pay the tax? You got to the bottom of your tax return and the amount you owe is bigger than your checkbook balance. Nope. It doesn’t work that way. The IRS does not start harassing nonpayers for money immediately after a return is filed. Or even […]
Avoid Paying Taxes On That 1099 Form, Legally
It’s tax time and the mails are full of IRS form 1099. If you managed a short sale of your property; suffered a foreclosure; filed bankruptcy; or settled your debt for less than you owed, you probably got a 1099. But that’s not the end of the tax story. Receipt of the form does not […]
California Exemptions Increase for 2025
New 2025 California exemption amounts becomes effective April 1, 2025. And it’s no joke. The new exemption numbers will protect more value in cash and assets necessary for everyday living. Exemptions define the assets that are safe from creditors in bankruptcy. The California exemptions found in CCP 704 exemptions are also available outside of bankruptcy […]
Your Tax Refund In The Crosshairs In Debt Collecting Season
Who knew that there was a season for debt collecting? My friend and colleague attorney Mike Cardoza does. See what he says. The beginning of the year through about the end of March is the big season for debt collection! Why? Because collectors are pretty sure that you have some money in your pocket – right […]
Is This Really The Season For Credit Card Debt Forgiveness?
CBS’s article “How to prepare for credit card debt forgiveness this April” constitutes a serious disservice to its readers. It touts those debt foregivess programs who prey on the desire of most people to pay their debts to the extent they can, offering a supposed path out of debt that’s largely illusory. At bottom, the […]
What Happens To Your Business in Bankruptcy
Before you file bankruptcy, you need to know what happens to your business in your bankruptcy. And like so many things, there’s no single, simple answer. Two factors drive the fate of the business. One is whether the business is itself a legal entity, like a corporation or LLC. The second is what chapter you […]
Do You Qualify for Chapter 13: The Debt Limits
Chapter 13 debt limits are one of the eligibility requirements to file for this form of bankruptcy reorganization. The test has two prongs: unsecured debt and secured debt. Come in under each prong and you meet the debt limits test. For cases filed on April 1, 2025 and afterwards, the Chapter 13 debt limits are: […]
What You Think About Chapter 13 Is Dead Wrong
The difference between bankruptcy’s Chapter 7 and Chapter 13 is often expressed this way: Chapter 7 is a liquidation proceeding Chapter 13 is a repayment plan And therein lies the biggest misconception about Chapter 13: 13 does not necessarily repay everything you owe. It’s a repayment plan alright, but not necessarily a 100% repayment . […]
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