Isn’t my case over? I got my discharge. Why’s the bankruptcy trustee still hounding me?, my client asks. People who’ve filed bankruptcy are focused on the discharge as their goal. With their discharge in hand, they think it’s all over. They lose sight of the fact that the administration of a bankruptcy estate by the trustee runs on a parallel track to […]
When The Lender Changes Its Tune After Chapter 13
The mortgage servicer took less than 30 days to change its story, big time. In three weeks time, the loan servicer went from telling the bankruptcy court, under penalty of perjury, that the loan was current, to telling the homeowner that she was $50,000 behind. The whole story appears here. Three weeks! And there, in […]
Can Your Creditor Get A Lien On You?
Can “they” put a lien on me? If you have debts you can’t pay, that’s a critical question. The man sitting across the desk from me owed a fistful of taxes. He proposed to transfer his interest in the family home to save the house from the tax lien which was filed against him. He […]
10 Things Tax Professionals Need To Know About Bankruptcy
As tax season approaches, tax pros need a basic understanding of bankruptcy to serve clients well. Tax preparers stand a good chance of encountering clients who either have filed bankruptcy, or who may benefit from a bankruptcy filing. Here’s my list of bankruptcy nuggets that a good tax professional should have at hand. 1. Debts […]
Discharge Taxes in Bankruptcy: Move Beyond the Myth
Myths about discharging taxes in bankruptcy are as common as myths about fire-breathing dragons. Central to the bankruptcy tax myth is the claim that taxes can’t be discharged in bankruptcy. Not so. Bankruptcy can wipe out many kinds of taxes. And that discharge can restore order to a family’s economy. Which ones are dischargeable? Let’s see. […]
Do You Get The Bankruptcy Grubstake Exemption?
The word grubstake never appears in the Bankruptcy Code or the California Code of Civil Procedure where the exemptions available in bankruptcy cases filed in California are found. Yet every bankruptcy lawyer uses the phrase; and seemingly, every bankruptcy debtor struggles to understand it. What’s a bankruptcy grubstake Here’s the standard English definition of grubstake. […]
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 […]
All I Want For Christmas Is A New Year And A Fresh Start
The best gift you can give yourself for Christmas may be a fresh financial start by filing bankruptcy. For many, this year has been rough. Jobs lost, small businesses struggling, people isolated. Even if you headed into the pandemic in reasonable financial shape, little good has come of the years after/ So, what would it […]
Can You Rescue Your Business With Chapter 13
Small business owners who are sole proprietors can enlist the power of bankruptcy’s Chapter 13 to rescue their business at a price they can afford. Everyone thinks of Chapter 11 as the “keep the business and ditch the debt” form of bankruptcy. But traditional Chapter 11 is cumbersome and just flat out too expensive for […]
How To Pick A Bankruptcy Lawyer
How do you pick a bankruptcy lawyer when you’ve never hired any lawyer and never before considered filing bankruptcy? What do you ask a bankruptcy lawyer to determine if the lawyer is the right one for you? After all, the conversation has to move beyond “what does bankruptcy cost?” Financial troubles are tough and bankruptcy […]
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