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 […]
5 Things To Do When You Have Been Sued
The ring on the doorbell was a process server. Bingo! You’ve been sued in a California court. Now what? Breathe deeply and work your way through this five step check list. Then I’ll suggest some options. Scout the territory 1. Look at the caption: It identifies the parties to the suit. It’s right below the […]
Bouncing Back From Bankruptcy: The To-Do List
Recovering from bankruptcy isn’t hard. You’ve hurdled the debt chasm and finished your bankruptcy case. There’s a fresh start ahead. But where do you start on that fresh start? Consider this to-do list for bouncing back from bankruptcy. Keep on keeping on Whether your bankruptcy case was a Chapter 7, over and done in months, or […]
3 Things That Prevent You From Getting Out Of Debt
It’s not a bad economy, poor budgeting skills, or credit card interest that keep you from getting out of debt. It’s emotions, not reasons, keep people from filing bankruptcy and starting fresh. Even if Reason says that you’ll never pay your debts off in the usual way. Reason also says that paying old debt steals […]
Sloppy Mortgage Servicers Prey On Borrowers
Given the way they behave, you’d think mortgage servicers actually flew a pirate flag over their operations. They cash your check for the mortgage payment, then who knows what they do with it and what they credit it to. Outside of bankruptcy, screw ups in handling your payments are a breach of the contract […]
What The Wild Things Teach Us About Bankruptcy
I miss Maurice Sendak, the late author of children’s books. What does a book about a naughty child who adventures in a nighttime land of monsters have to do with bankruptcy? The last image in his signature book, Where The Wild Things Are, is my touchpiece for clients afraid to file bankruptcy. Do you remember […]
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, […]
Wage Garnishment Survival Guide
“Your wages have been garnished, ” reads the letter from your employer. Do nothing and twenty-five percent of your after-tax earnings will be sent to your judgment creditor. So, do something: keep reading this action guide for Californians subject to a wage garnishment. This guide has three parts: the short run guide for minimizing the hit […]
The Biggest Lie About Bankruptcy
Read anything about Chapter 7 and you get, “Your possessions are sold in Chapter 7 bankruptcy.“ That is, flat out, the biggest lie about bankruptcy. It’s a liquidation proceeding and your stuff will be sold to pay creditors, the lie goes on. No wonder people are scared off from getting relief from debts they can’t […]
The Risks Of Filing Bankruptcy For Your Corporation
When your incorporated business fails, the instinctive reaction is to file bankruptcy for the corporation. But a corporate bankruptcy comes with risk to the shareholders. I know you incorporated to separate yourself as the owner from the risks of the business. As a separate legal “person”, the corporation is distinct from the individuals who own […]
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