The couple was despondent when another bankruptcy attorney told them that, despite $100,000 in old taxes, they couldn’t file Chapter 7. This fine fellow told them that the means test showed they had $3000 of disposable income per month. A Chapter 7 would be an abuse of bankruptcy under the law. Only Chapter […]
Old Tax Liability Discharged In Bankruptcy, If….
Discharging tax debt in bankruptcy gets lots of families out of a horrible hole. Tax debt can be large and swelled beyond the tax by interest and penalties. Collection on old tax debt often compromises the ability to stay current on more recent years. Bankruptcy can save their bacon because taxes found on returns […]
Retirement Nest Egg: Ostrich Egg Or Quail Egg?
Will my retirement nest egg be enough to live comfortably when I’m done working? Living will be slow and my needs will be simple. I look at the growth in my retirement savings, the cost of “things”, and my life expectancy, and wonder if my savings are sufficient to buy what I’ll need. But, turns out, the analysis is far […]
Can You Get A Car Loan After Bankruptcy?
Wheels are essential for most of us to get to work. And whatever you’re driving when you file bankruptcy will need to be replaced at some point. So, how are you going to finance that next car if you’ve just filed bankruptcy and face 7-10 years with the bankruptcy on your credit report? The credit […]
Bankruptcy Isn’t The Real Threat To Your Retirement Savings
Your creditors can’t get your retirement savings. In bankruptcy or not, your creditors can’t take money from your formalized retirement savings. California state law and federal bankruptcy law protect your savings for retirement held in recognized retirement vehicles from levy or lien. But retirement savings are at risk. Look in the mirror. You are usually […]
Five Tax Tips For Two Cents
The tax filing deadline approaches. So why is a bankruptcy lawyer talking about taxes? I’ve found over three decades as a bankruptcy lawyer that there’s a surprising degree of overlap between bankruptcy and tax . All too often, it’s tax troubles that brings a family to me for help. Here’s my two cents on what […]
What Small Business Needs From Government
This post was first published 10 years ago, in the midst of the Great Recession. I continue to think about the real challenges of running a small business and the balance needed between simplicity for the business owner and protections for the public. More below. Senator McCain this morning on Meet the Press reprised […]
The Trouble With Your Social Security
The caller says your Social Security file is incomplete and without more information, your assets, as well as your benefits, will be frozen. Pretty terrifying if you depend on Social Security checks. Only, it’s not true. The caller isn’t from Social Security. Social Security can’t freeze your assets. Social Security doesn’t do business by phone. […]
Bankruptcy No Place For DIY
The do- it- yourself spirit seems especially strong in bankruptcy courts these days. Only it often comes with a big price tag. Nearly 45% of the Central District CA Chapter 7 cases were filed by individuals doing it themselves. The national rules committee drafted the new bankruptcy forms with the unrepresented in mind. Why do people […]
The One Person You Must Tell About Your Bankruptcy
Most people who file bankruptcy don’t want anyone else to know. Some of my clients try to hide their break for financial freedom from friends and neighbors. Others are worried about their boss finding out. Occasionally, someone will try to keep it from their mate. But trying to hide his bankruptcy nearly cost one client […]
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