It isn’t often I go into bankruptcy court, hoping to lose. But when the issue is reaffirmation of a car loan, that’s the strategy. I desperately want the judge to deny approval of my client’s proposed reaffirmation of his car loan. And most of my judges will deliver, from the bench, the pitch I’ve made […]
You Can Make Debt Collectors Stop
You can make debt collectors stop. You don’t have to endure phone calls and threatening letters. In fact, you have a statutory legal right to be free from harassing debt collection. All it takes is a letter to the collector. We’ll show you how to write that letter and exercise your right. And, if you […]
Chapter 13 Bankruptcy Disrupted by Coronavirus
Has your Chapter 13 bankruptcy case been turned upside down by coronavirus? You are not alone. And attorneys, trustees and judges are all working on adaptations and adjustments that will save pending cases. Practices and procedures in Chapter 13 vary widely around the country. What follows is what I see here in the Bay Area […]
If You Can’t Make Your Car Payment During The Virus Shutdown
How am I going to keep my wheels while the coronavirus looms? The fight against the coronavirus has cut off income for millions. While there’s been broad discussion about mortgages and student loans, there’s less discussion about rent. So far, I’ve heard no governmental discussion about how to proceed if you can’t make car […]
Free Bankruptcy Advice: Consider The Source
Who gets their legal advice from their adversary? My client did. Get your legal advice from your adversary, your brother in law, or the internet and be prepared to get a surprise. Often, not a pleasant surprise. My client insisted that his tenant’s debt to him survived the tenant’s bankruptcy “because it was listed on Schedule […]
Incorporating Your Business Has Surprise Benefit
Incorporate to protect yourself from the debts of your business, shriek the ads. That’s the theory of incorporation for business: create a separate legal entity in the form of the corporation. Let that entity incur debt and expose itself to other risks. If it fails, the personal holdings of the owners of the corporation are […]
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 […]
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 […]
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