It’s scary, or infuriating, when the IRS continues to try to collect taxes discharged in bankruptcy. What was the point of filing bankruptcy if the government ignores your discharge? Yet IRS attempts to collect taxes from people with a bankruptcy discharge form the single largest group of cases in my law office today. Why the […]
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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 […]
Spot Credit Report Errors After Your Bankruptcy & Fix Them
Your debts have been discharged in Bankruptcy. Congratulations! But if those debts still appear on your credit report, you haven’t gotten all the debt relief you are entitled to. Your credit report is the public face of your finances. It’s the thing that lenders, landlords, and life insurance companies look at to figure out whether […]
Why Bankruptcy Cases Go Down The Drain
I watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in court recently. Dismissed. Tossed out. Ended. The usual reason was that the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Regardless of the debtor’s need […]
Ten Essential Nuggets For Creditors in Bankruptcy Notice
You’re looking at bankruptcy official form B9. It arrived in your mail because someone has filed bankruptcy and listed you as a creditor on the schedules of a newly filed bankruptcy case. Most likely, the debtor owes you money or you have an open claim of some sort against the bankrupt. Your rights against the debtor […]
6 Things You Need To Know About The California Homestead
California’s homestead exemption is the Super Hero of the exemption world. While other exemptions protect things worth a thousand dollars here and a couple of thousand there, the homestead protects big bucks. Starting January 1, 2021, the homestead for every homeowner is at least $300,000 and as much as $600,000, depending on countywide home prices. […]
Will A Second Bankruptcy Really Protect?
Immediate protection from collection is at the top of the list for most bankruptcy filers. They want the lawsuit to stop; the wage garnishment to stop; the debt collectors to stop. But, if this isn’t your first bankruptcy case, do you get that protection? What the automatic stay does The Automatic Stay (or “Stay”) protects […]
When Chapter 20 Bankruptcy Adds Up
You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there; so are Chapters 11 and 13. But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang. It’s a Chapter 7 case […]
Are You Stuck With The Lawyer Who Filed Your Bankruptcy Case?
Your bankruptcy case is filed. It’s not going as smoothly as you expected. In fact, you’re worried you’re going under. Can you change bankruptcy lawyers after your case is filed? Certainly, you can always fire your lawyer. It may be disruptive. It will certainly cost more money. To decide you need to know So, how […]
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