Twice in the last six months, Chapter 13 bankruptcy has saved clients facing catastrophic lawsuits arising out of business. And because the targets of these lawsuits filed bankruptcy before they’d spent a fortune on lawyers and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits. We […]
Financial Fundamentals: Credit v. Debit
Just because it’s plastic, doesn’t mean it’s a credit card. Yet when I ask my clients about their credit card accounts, too many of them proffer their debit card. And the confusion about plastic cards that aren’t credit cards isn’t confined to those in debt. My young adult son struggles with the distinction, too. So, […]
Bankruptcy Alphabet: A Is For Assume
In my bankruptcy alphabet, “A” is for Assume. People assume all kinds of things about bankruptcy, most of them incorrect. Invariably, each assumption is more horrific than the truth. The list goes on. Each of the assumptions above is false. Some assume that they can do it themselves as “bankruptcy is just filling out forms”. As a bankruptcy lawyer who winces […]
No Rush To File Bankruptcy
When the virus steals your income, it’s easy to be overwhelmed with unpaid bills and terrifying economic uncertainty. Immediate relief by filing bankruptcy may look appealing. Make it all go away, you say. I’ll never pay this off. But not so fast. With few exceptions, this bankruptcy attorney thinks it’s too early in this pandemic to […]
How Creditors Spread Fear Of Bankruptcy For Profit
The unknown is often fearful. My colleague Peter Orville wrote It is natural to be afraid of doing something you’ve never done before, like filing for bankruptcy protection. This is especially true if you’ve heard stories about why you shouldn’t file bankruptcy. Peter has it right. Some trepidation is natural. My beef is that […]
Who Gets A Slice Of The Bankruptcy Pie?
“That woman filed a claim in our bankruptcy case, and we don’t owe her any money!” The next line, or paragraph really, of my client’s email asked what was I, her bankruptcy lawyer, going to do about it. The short answer was nothing. Nada. Not a thing. Zero. Because when you have a pot plan […]
Why I Love Chapter 13
How do I love thee, Chapter 13? Let me count the ways. Hang on, because it’s a long list. Thirteen reasons Chapter 13 rocks. I love Chapter 13 because: 1. Debtors keep control of their assets. They run their businesses. There is no trustee tasked to sell their assets. 2. Repayment to creditors […]
California Renter Protections From Eviction: How To Qualify
California bans evictions for non payment triggered by the COVID-19 shut-down under Gov. Newsom’s executive order of March 27,2020. The protection comes with a big IF: A tenant must act to trigger these protections, which run through May 31,2020. Who is protected The order covers tenants who have been laid off had hours cut suffered […]
The Fate of Second Homes In Bankruptcy
Homestead exemptions protect a principal residence when someone files bankruptcy. But what about second homes and rentals? Are they toast in bankruptcy? Not necessarily. Like many legal questions, it depends. Homes protected from creditors The legal system has a reverence for the home debtors live in. It recognizes the importance of shelter and stability to […]
Bills I Gotta Pay, But There’s A Pandemic Out There
I have bills I have to pay but no income. That despairing line was repeated over and over again in interviews with pandemic-furloughed workers on last night’s news. COVID-19 has ground the economy to a halt, no one’s working, and no money is flowing. Whether it’s called social distancing, shelter in place, quarantine, or lock-down, […]
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