Category Archives: Taxes

California Bankruptcy Lawyer Puts Information Out There – Too Bad He’s Wrong On The Basics

Jungle public domain

I applaud attorneys who make sound information about bankruptcy available to the public.  My only requirement is that their information be true. The truth is income taxes are dischargeable in bankruptcy if 3 reasonably simple conditions are met;  debts to the government are generally dischargeable in bankruptcy. Please reread that line, and get that bit…

What’s Up The Day After Tax Day

light at tunnel end

The tax extension in the mail and you don’t have to think about income taxes til October 15th approaches.  Right? Not in my book, if you are self employed. The self employed don’t have their estimated income taxes withheld from their paychecks.  There aren’t any paychecks if you are among that resolute band of entrepreneurs,…

Skip Filing Your Tax Return And The Tax Lives Forever

Tax Myth Saddles You WIth Tax Forever

It’s tax season and tax myths are everywhere.  Know what the most dangerous one is? If you can’t pay the tax on the return, you’ll escape collection action if you keep a low profile by not filing the return. I hear it repeatedly, each year, year after year.  And it’s wrong, over and over. Wrong…

California Law on Cancelled Debt Mirrors Federal Law

mirror image grasshopper cropped

  I’ve always assumed that California law excluded from income debt forgiven in bankruptcy, just as federal tax law does. When a client asked me to confirm that the treatment was the same, I realized that this was one of those things I had just assumed.? As a lawyer, I ought to know the danger…

Foreclosure: The Unseen Hazards

huge wave

It’s not the foreclosing creditor that really threaten California homeowners.? It’s the forces that follow, the junior lender and the tax man who can deliver the truly punishing blows to a family losing a home. Cut-off Junior Lienholders Californians enjoy the protection of the one action rule governing foreclosures.? It says that a creditor who…

Why Credit Cards Win Clash of Titans

Credit cards vanquish tax collector

In the tug o war of which creditor to pay, why is it that credit cards win over taxes and child support? I’m accustomed to clients who pay creditors rather than provide for their own health care, emergency fund, or retirement.? That’s taking care of commitments to others before self. But I haven’t figured out…

Calculating Insolvency For Cancellation Of Debt Tax

empty pocket

Insolvency is one of the exceptions to the rule that you must include cancelled debt in taxable income. The huge difference between the IRS treatment and the way we address insolvency in bankruptcy is that the IRS includes retirement assets in the solvency calculation. The last time I wrote about cancellation of debt and the…

Tax Fallout from Foreclosure & Loan Modification

It’s bad enough when the client loses their home to foreclosure, but it’s a double whammy when the tax bill arrives for money they never saw.? Scope out the tax traps in the world of indebted clients at a 2 hour workshop for lawyers and tax professionals April 9 at Lincoln Law School. Be prepared…