I watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in court recently. Dismissed. Tossed out. Ended. The usual reason was that the debtor had not taken seriously the requirement that all their tax returns be filed within 45 days of the commencement of the case. Regardless of the debtor’s need […]
Ten Essential Nuggets For Creditors in Bankruptcy Notice
You’re looking at bankruptcy official form B9. It arrived in your mail because someone has filed bankruptcy and listed you as a creditor on the schedules of a newly filed bankruptcy case. Most likely, the debtor owes you money or you have an open claim of some sort against the bankrupt. Your rights against the debtor […]
Why Your Mortgage Lender Won’t Send Statements After Bankruptcy
Lists of stupid laws are lots of fun, when they don’t really touch your life. But the law that gags mortgage lenders after bankruptcy isn’t funny. Preventing lenders from sending mortgage statements to homeowners after bankruptcy just sets families up for foreclosure and rewards servicers with the fees that follow default. It’s just a stupid […]
What Litigators Need To Know About Bankruptcy
Civil litigation often decides who owes what to whom. Bankruptcy law can impact ongoing litigation and what happens thereafter to those who owe. And to those to whom money is owed. So it behooves litigators to have a good grasp on how bankruptcy works. If you’re defendant’s counsel, you want to assess your client’s options should […]
Don’t Get Fleeced At The Car Dealership: Tips On Buying A Car
Getting fleeced at the car dealership is all too common. The ways to get taken, bamboozled, oversold, and generally ripped off are too numerous to count. But the good folks at NCLC have studied the car-buying extras and add-ons that pad the price of the car. The mark up on add-ons can be huge. Add-ons, […]
Will A Second Bankruptcy Really Protect?
Immediate protection from collection is at the top of the list for most bankruptcy filers. They want the lawsuit to stop; the wage garnishment to stop; the debt collectors to stop. But, if this isn’t your first bankruptcy case, do you get that protection? What the automatic stay does The Automatic Stay (or “Stay”) protects […]
Hidden Dangers In Tapping The Reverse Mortgage Piggybank
Actor Fred Thompson used to appear on my Sunday morning news program every week touting the benefits of a “government insured”, safe, reverse mortgage. Get the money you deserve to live the good life, he urged. I’m watching the aftermath of that sales pitch play out for one of my clients, and it’s not “the […]
When Chapter 20 Bankruptcy Adds Up
You can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter 7 is there; so are Chapters 11 and 13. But no 20. But you find it in bankruptcy courtrooms and in the arsenal of good bankruptcy lawyers. So, what’s up? Chapter 20 is really bankruptcy slang. It’s a Chapter 7 case […]
The Most Compelling Reason To File Bankruptcy
Shedding debt so you can save for retirement is the most compelling reason to file bankruptcy in my book. Get rid of the debt that’s dischargeable so you can pay for retirement, I exhort. Between the crippling cost of housing in the Bay Area and parent loans for college, there is so little margin for […]
Last Minute Tax Break For Distressed Homeowners
Days before the end of the tax year, the massive tax bill changed the rules retroactively. And for once, the change benefited individual taxpayers. The tax bill revived, for tax year 2017, the exclusion from income accorded to phantom income upon foreclosure, short sale, or loan modification. The provision that created an exception protecting […]
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