Your spouse’s assets can get swept up in your bankruptcy when you live in California. Because, most likely, just holding an asset in the name of one spouse doesn’t defeat the community property presumption. I saw it play out in a first meeting of creditors when the bankruptcy trustee asked about an asset. But it’s […]
Bankruptcy Alphabet: H is for House
In my bankruptcy alphabet, H is for house. Can I keep my house if I file bankruptcy, anxious homeowners ask. In most cases, my answer is “yes”. Should you keep the house is another question. Houses are vulnerable in bankruptcy only if there is If the trustee can’t sell the property for enough money to […]
SBA Loans Collectible Long Past Business Failure
The SBA has eagle eyes and sharp talons when it comes to collecting from guarantors of business loans. SBA collection rights are ruthless, efficient, and ageless. So I learned when a client consulted me about a business that had failed 12 years ago. Yet the SBA had never sued him, nor had it filed a […]
Damaged Credit Heals More Rapidly Than You Think
Will filing bankruptcy hurt my credit? Probably. [Keep reading, there’s more.] Should that hit to your credit keep from filing bankruptcy? Not by a long shot. Incredibly, I encounter people drowning in debt who think their credit report is more important than their financial health. Their thinking seems to be that credit, once damaged, is never […]
Two Strikes & You’re Out (Of Your Home)
Three strikes and you’re out. Anyone familiar with baseball knows that one. The rules are different in bankruptcy. Two strikes and you’re out. And for one couple, they’re not only out of bankruptcy, they’re out of their house. Foreclosed the day after they filed bankruptcy number three. Because, what they didn’t know is that there […]
Why You Don’t Want A Bankruptcy Attorney To Fight For You
Everyone wants a good bankruptcy lawyer when they’re considering filing bankruptcy. So, how do you measure a good bankruptcy lawyer? We Fight For You! screamed the on-line headline for a bankruptcy law firm. That firm clearly thought willingness to fight was the measure. While I applaud the firm’s energy and commitment, I question their focus. […]
5 Essential Tips To Understand Your Mortgage Loan
Figuring out what your home loan balance is can be harder than a calculus exam. For most people, their mortgage is their biggest debt. And their home is their most important asset. Yet, the people accounting for your payments are increasingly incapable of the very basics of their job. And that makes your job, as […]
Bankruptcy Means Test: New Numbers, Little Impact For Bay Area
The bankruptcy means test numbers for California are out, showing median incomes moving in both directions, depending on family size. In the Bay Area, the means test income levels, coupled with the cost of housing, don’t keep many people out of the bankruptcy chapter of their choice. More. Why the means test matters The median […]
When You’re Behind On Your Car Loan
Are you looking over your shoulder for the repo man every time you park your car? You’re not alone. Delinquent car loans are on the rise: almost 1 in 20 vehicle loans are in default. If you’re in that group of Americans struggling to pay for your wheels, there are solutions in bankruptcy. If you […]
What Your Signature On Your Bankruptcy Papers Really Says
Wish I had a buck for every time a client has told me, “Yes, I signed it, but I didn’t read it”. This is usually delivered as though the signature had no meaning if it wasn’t coupled with actual reading. Unfortunately, it isn’t so. Not true in commerce in general, and certainly not true when you […]
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