Most people clearly have little sense of how long it takes to file bankruptcy. Proof is what happened Monday: there’s an email the morning’s inbox from a client whom I first met weeks ago. He tells me they want to file before Wednesday’s mediation in state court! I have no creditor information, representation agreement, money, […]
California’s Good Deed: Passing Real Property At Death
The horror stories about do-it-yourself estate planning are both plentiful and tragic. Between the fear of probate and the fear of legal fees, inventive people invent inexpensive strategies for passing property to the next generation. Adding someone to the deed is the most common one I see. It works like this: in order to see […]
The Kind of Person Who Files Bankruptcy
You’d think the person who files bankruptcy is some alien fraudster, to listen to my clients. This is last place I ever expected to be, says the client sitting in my bankruptcy office. I hear that probably twice a week. Or, the client assures me: I’m not the kind of person who doesn’t pay their […]
Who Profits When Money Trouble Is Shameful?
Talking about our financial troubles is taboo in this society. In fact, we are more willing to talk about our sex lives than our money troubles. We lionize those who make a fortune. Everyone expects to live the middle class life. It becomes easy to think that something is wrong with you if you aren’t […]
What If You Ignore That Lawsuit Against You
How do you ignore a lawsuit and expect a good outcome? Yet twice in the past few months, individuals have come to me with judgments already entered against them. That’s not noteworthy; after all, I’m a bankruptcy lawyer. We deal with unpaid judgments. But both of these men explained the situation this way: the claims […]
What The Fool Got Wrong About Filing Bankruptcy
The famous poem begins, “how do I love thee? let me count the ways”. But what if it’s not love that we are counting, but loathing? Let me count the ways I loathe the Motley Fool’s article asking should I file bankruptcy? The Fool’s underlying assumption is that people in debt flock to bankruptcy as […]
The Tortoise Is The Mascot Of Retirement Savings
Every campaign needs a logo. Make the logo of your retirement planning a turtle, rampant. Rampant, you say? Turtle? In the Middle Ages, knights put their ID’s on their shields in elaborate heraldry that told bystanders who he was, what his birth order was, and which side of the blanket he was born on. Heraldry featured animals, […]
Get The Most From Meeting With A Bankruptcy Lawyer
To get the most out of a consultation with a bankruptcy lawyer, you need to come with some basic information and an idea about your goals for a possible bankruptcy filing. After all, you want to know how your situation lines up with the available bankruptcy relief. Every bankruptcy lawyer is different and each one […]
7 Principles of California Community Property
Baffled by California community property? Think it makes you personally liable for the debts of your spouse? Lots of people do. But it doesn’t. California has been a community property state since it became a state in 1850. You would think we’d have gotten the hang of it long ago. But the community property system […]
Do California Seniors Need to File Bankruptcy?
California, it turns out, is a great place to retire. Not because of the cost of living, certainly. It’s great in spite of the cost of living. Because California exemptions are very generous to those of retirement age. Those exemptions effectively make many indebted seniors collection-proof. Bankruptcy for those seniors may seem unnecessary. How exemptions protect […]
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