“Your wages have been garnished, ” reads the letter from your employer. Do nothing and twenty-five percent of your after-tax earnings will be sent to your judgment creditor. So, do something: keep reading this action guide for Californians subject to a wage garnishment. This guide has three parts: the short run guide for minimizing the hit […]
Who Files Bankruptcy In The Face Of Booming Bay Area Economy?
Silicon Valley is booming; our highways are so full of people getting to work that we can’t get to work. Employment is approaching the level of the dot.com bubble. Property values are outrageous. So who files bankruptcy in this pocket of prosperity? All kinds of people, it turns out. Let’s look at the people who sought […]
California Community Property Creates A Marital Threesome
Sounds kinky, doesn’t it? Three players in a marriage. Sharing. Everything. Only this is something you can talk about openly, without blushing: community property. Community property is the default property arrangement in California for a married couple. Yet it is poorly understood by those affected by it and it isn’t inevitable. How community property works […]
California Homestead Grows With Inflation: Calculating The Homestead Increase
Calculating California’s homestead reveals the homestead in 2022 is now capped at $626,400. That’s even more generous than the originally enacted $600,000. And it will change next year. To calculated the current homestead exemption, you need an armful of data (and a bit of math). Because, the new law provided not only for a bigger […]
California Exemptions Increase for 2022
The triennial adjustment of California exemption amounts becomes effective April 1. 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 CCP 704 exemptions are also available outside of bankruptcy when judgment creditors […]
Are You Liable For Your Spouse’s Debts In California?
“Everyone knows” that California’s community property law makes you liable for spouse’s debts. Only, “everyone” is wrong. Or, more accurately, they’re only half right. Community property is liable for everything In California, the community property is liable for the debts of either spouse. In fact, the community property is liable for the debts that either […]
The Most Costly Community Property Blunder
What do you do when creditors from your spouse’s past threaten? Chances are your first reaction is to put the title to your biggest assets in just your name. Whew! Safe. Not. Just because the deed to the house now reads Jane Doe instead of John Doe and Jane Doe it’s easy to think the house is Jane’s separate […]
California Homestead Exemption: The Truth Isn’t What You Think
“They can’t take my house, whatever happens. Right?” The young man in my office “knew” how the California homestead works: he insisted that his home was exempt as a California homestead, even if he filed bankruptcy. He “knew” that credit card debt was dischargeable. And that “knowledge” lead to his conviction that , in bankruptcy, […]
SuperLawyer
I’ve been named a SuperLawyer among Bay Area bankruptcy lawyers. That makes 14 years running. It’s flattering, but probably not much more than that. The real measure of my skills is in the clients’ lives whom I’ve impacted and the young bankruptcy lawyers I’ve mentored. In the meantime, I’m waiting for my cape to be […]
California Courts Provide On Line Help
Individuals with matters before the state courts of California have an updated resource in the Self Help Center. The information here can be either good background if you have a legal problem or a treasure-trove if you expect to represent yourself in court. It even includes a section on bankruptcy, as part of the materials […]
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