Bankruptcy’s means test is a paper tiger in the San Francisco Bay Area. Really! You can see why few Bay Area residents are constrained by the means test when you compare the latest median income figures used in the means test with the allowed cost of rental housing here. To review: Congress in 2005 tried to write […]
In Debt? Plan For Holidays And A Better New Year
The countdown to the holidays is on. It’s after the holidays that the desire to turn over a new financial leaf usually blossoms, when the bills from Christmas arrive in January. What was a seed of an idea about getting out of debt, sprouts and grows after the holidays. After the New Year, I see […]
How 13 Works To Save Your House From Foreclosure
Saving a house from foreclosure is the single reason most people file bankruptcy. Bankruptcy stops foreclosure- that’s a given. But then what? How can bankruptcy save the house from foreclosure, rather than just putting off the inevitable loss? After all, the mortgage lender has a lien on the house, and liens aren’t discharged in bankruptcy. […]
How One Family Settled Huge Debt For Pennies
Almost everyone wants to settle debt rather than file bankruptcy. But how about settling debt using bankruptcy? Here’s how one family pulled it off. When they started the Chapter 13 trek, they owed $370,000 in personal loans and credit cards. As they completes the plan, they will have settled that debt for three cents on […]
Should You Keep Paying Your Creditors Rather Than File Bankruptcy?
Is there an alternative to bankruptcy, my clients often ask. Can I realistically avoid filing bankruptcy? A fellow bankruptcy lawyer outlined what it takes to get out of debt without bankruptcy. If you could do all three, for long enough, and, your debt isn’t too large, it probably works. I want to pose the question: […]
Title Isn’t Everything: Watch Out For The Assets In Your Spouse’s Name
Your spouse’s assets can get swept up in your bankruptcy when you live in California. Because, most likely, just holding an asset in the name of one spouse doesn’t defeat the community property presumption. I saw it play out in a first meeting of creditors when the bankruptcy trustee asked about an asset. But it’s […]
Got Tax Trouble? Don’t File Bankruptcy In December
Bankruptcy can provide tax relief, if your timing is right. Tax troubles are at the heart of so many bankruptcy filings. It makes sense: bankruptcy is a powerful and predictable tool to get out of tax debt. But filing bankruptcy before the end of the year may fix only a part of your tax problems. […]
Damaged Credit Heals More Rapidly Than You Think
Will filing bankruptcy hurt my credit? Probably. [Keep reading, there’s more.] Should that hit to your credit keep from filing bankruptcy? Not by a long shot. Incredibly, I encounter people drowning in debt who think their credit report is more important than their financial health. Their thinking seems to be that credit, once damaged, is never […]
Give More Than Thanks
Ever feel the disconnect between buying your groceries for the Thanksgiving meal, then dropping some loose change into the kettle for the needy? Lots for my family, but leftovers for those who are hungry That seems to be the message you’re sending. Those of us who are prospering are doing well, but lots of neighbors and elders […]
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