In a duel between a tax Form 1099 and a bankruptcy discharge, bankruptcy wins every time. The prize? no tax on debt discharged in bankruptcy. So, if you’ve already gotten your discharge, the creditor’s 1099, with your social security number on it, is no threat. But you do need to file another form to secure […]
Your Business Partnership Needs A Prenup
Financial partnerships are at least as challenging as marriages. And business deals don’t have love to smooth the rough spots in the relationship. The traditional marriage service ends with the charge that what God has joined together, let no man put asunder. That’s great with love, but not so great with money. Something will likely asunder […]
California Homestead Exemption: The Truth Isn’t What You Think
“They can’t take my house, whatever happens. Right?” The young man in my office “knew” how the California homestead works: he insisted that his home was exempt as a California homestead, even if he filed bankruptcy. He “knew” that credit card debt was dischargeable. And that “knowledge” lead to his conviction that , in bankruptcy, […]
The Essential Step To Get Your Day In Court
When you’re sued on an old debt, it’s easy to imagine appearing on the court date to tell the judge your side of the story. You imagine the judge considering your argument and challenging the other side to prove otherwise. It’s a comforting image, but it will never happen if you haven’t taken the first […]
Your Tax Refund Is Exposed In Bankruptcy, Unless…
The prospect of a tax refund makes most of us light up even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]
Information is power….become more powerful
In the information age, we’re inundated with information about bankruptcy. Some of it accurate and much of it nonesense or worse. Half the people who’ve filed bankruptcy wouldn’t dream of telling you about it, and those who do talk are as likely to spread outdated or erroneous information as accurate, relevant information. The more you […]
Debt Can Kill You If You Let It
Debt is deadly. There is a straight-line connection between debt and health: the stress of too much debt erodes physical health. The single largest source of stress in the US, at least before COVID-19, is money. Or lack of money. Other potent sources of stress include work, the economy, family and relationships. As a bankrutpcy […]
How Long Does Bankruptcy Take?
Every client filing bankruptcy asks that question: how long will bankruptcy take? Probably, the real question is “when will this be over?” Like so many questions in the law, the answer is “it depends.” From filing bankruptcy to discharge In a Chapter 7, filing to discharge is about four months; in Chapter 13 it’s three […]
New California Homestead Numbers For 2025
It’s time to check out the California homestead numbers for 2025. The 2021 expanded California homestead not only brought the exemption closer to the real cost of housing, it provided for annual adjustments for inflation. The original legislation created a $300,000 floor on the exemption and a $600,000 cap for homeowners, based on the median […]
Bankruptcy Questions Have Few Quick Answers
The caller to my law office kept telling my assistant: I just want to ask Cathy a question. To which my assistant replied: you need to first fill out our questionnaire and make an appointment. But I don’t want a meeting, I just want to ask a question. At which point, both sides of the call […]
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