Selling your home? Before you list your home, before you interview a realtor, before you lift a paint brush, or clean a closet, you need to write a letter. A letter to the servicer of your mortgage. You want full disclosure of what charges, fees, expenses and other “stuff” they want to collect from […]
Does Bankruptcy Discharge A Judgment In California?
Nothing gets a person into a bankruptcy lawyer’s office quicker than the threat of a judgment. The prospect of losing a lawsuit and having a judgment entered against them terrifies. Callers are frantic to see if they can file bankruptcy before judgment is entered. They worry that once a judgment is entered, their options in bankruptcy […]
Bankruptcy Schedules Are More Than Just Paperwork
Bankruptcy paperwork can make you feel like you are drowning in paper. There’s your paper; there’s the paper your lawyer needs. And there’s the paper the court insists on. Why bankruptcy schedules worth the work It’s easy to try to skate. To cut corners. To shut down. But that paper is critical. Nearly every question, […]
The Truth About Tax Liens After Bankruptcy
We have a lien on your name. Not your property, your name. That’s what the county tax collector told my client, years after he got his bankruptcy discharge. And that multi-thousand dollar lien claim threatened to sink the refinance of his house. Eventually, we got the county straightened out without going back to bankruptcy court. […]
The Essential Step To Get Your Day In Court
When you’re sued on an old debt, it’s easy to imagine appearing in court to tell the judge your side of the story. I’m not the person who owes this debt This debt is too old to be enforced I never heard of the person suing me You imagine the judge considering your argument and […]
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 […]
Surefire Steps To Avoid Bankruptcy
Most people would rather parade naked down Main Street than file bankruptcy. Bankruptcy makes them feel exposed, defeated, ashamed. They’ll do anything to avoid bankruptcy. If you don’t want to go there, you can order your life so you don’t ever need bankruptcy relief from debts you can’t pay. I’ve figured out the formula that assures […]
Which Spouse Is Liable For Debts In California
California has been a community property state since 1850, and still we struggle to understand which spouse is liable for debts. So here, broad brush, is a guide to the legal liability of spouses, ex spouses, registered domestic partners and their community property for debt. Because, as I’ve written, the community is a third “party” […]
Ten Best Bankruptcy Gems In 2021
What did readers want to know about bankruptcy in 2021? Turns out, a bit of everything. Looking at the top 10 posts among the 750 posts on Bankruptcy Soapbox, they were equally curious about how bankruptcy works as they were about life after bankruptcy. Homesteads, taxes, judgment liens are all found in the top ten, […]
Top Ten New Bankruptcy Soapbox Posts of 2021
Every year, I count up the new posts on Bankruptcy Soapbox, and see how my readership ranked them. Now, if posts could talk, some might complain that they first saw the light of day in December 2021: it’s not fair to compare their audience with the posts from January. But, as JFK said: life isn’t […]
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