Spouses don’t have to file bankruptcy together. Often there are strategic reasons for only one spouse in a community property state like California to file. So, where does that leave the non-filing spouse when creditors come calling? Community property in bankruptcy Central to this discussion is the way the Bankruptcy Code treats community property. When […]
California drivers score huge bankruptcy win
California law, effective January 1, 2023, will assure those who file bankruptcy that they can keep their car as long as they stay current on payments. No longer does a debtor have to give up their discharge as to the car lender to be sure of keeping the car. The same bill, SB 1099, increases […]
Time Runs Out For Claiming A Tax Refund
Did you know there’s a deadline for claiming a tax refund. If you are entitled to a tax refund for an old tax year but haven’t filed the return yet, time’s running out. If you are more than three years late in filing your tax return, you forfeit any tax refund that you would otherwise […]
Deal With Your Taxes After Bankruptcy
When you’ve still got taxes after bankruptcy, things can get complicated. That’s because some taxes got discharged in bankruptcy, while others may live on. The taxes that live on get an extension on their life span. And liens after Chapter 7 just keep on chugging. So let’s make sense of taxes after bankruptcy. Which taxes […]
Do I qualify for bankruptcy in the Bay Area?
The higher-than-average wages in the Bay Area don’t disqualify you from bankruptcy, despite rampant misinformation about the bankruptcy means test. The means test, added to bankruptcy law in 2005, was (poorly) designed to keep above-average earners out of bankruptcy. But it hasn’t worked in the Bay Area, largely because of the cost of housing here. […]
The Thousands That Sat In Mortgage Suspense Account
Sharp eyes on the part of the debtor spotted the unapplied suspense balance, and diligence on the part of his attorney, saved one homeowner $27,000. Mortgage payments during Chapter 13 During his Chapter 13 case, the borrower continued to make monthly payments on his mortgage. But the loan servicer for Bank of America dumped payments […]
What Can Bankruptcy Do About Back Taxes
Bankruptcy wipes out taxes and leaves you with a clean slate. But somehow, the second biggest myth about bankruptcy is that taxes can’t be discharged. Wrong, wrong, wrong. The limits on discharging taxes in bankruptcy are few. You can’t discharge That’s it. Like anything in the law, there are details that make for hard reading. […]
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 […]
