You’d think the person who files bankruptcy is some alien fraudster, to listen to my clients. This is last place I ever expected to be, says the client sitting in my bankruptcy office. I hear that probably twice a week. Or, the client assures me: I’m not the kind of person who doesn’t pay their […]
“Hold Harmless” Survives “To Have and To Hold”
Divorce usually requires the division of the debts of the marriage along with the assets. The legalese usually requires each party to indemnify and hold harmless the other from the debts assigned to that party. Most folks skim over that provision to worry about the division of assets or support issues or the termination of […]
Step By Step Guide To Business Shutdown
There’s lots written on how to start a business. Not so much about business shutdown. Even pre-pandemic, half of all new businesses fail within 5 years. Post pandemic, the pain is so much greater. So let’s walk through how to manage a business shutdown, tie up loose ends, and minimize problems that may follow you […]
At Risk of Repossession? How To Keep The Car & Pay Less
If you are one of the 7 million Americans late on your car payments and living in fear that your car will be repossessed, consider how Chapter 13 bankruptcy can save your wheels. Losing your car can accelerate a torrent of nasty financial consequences. No car, no way to work. No work, no income. So, […]
Pay No Tax On Debt Discharged In Bankruptcy
Debt discharged in bankruptcy is tax free, even if you get a 1099 claiming otherwise. It’s unnerving when you get a 1099 after you thought the debt, and all its complications, were gone. But for bankruptcy clients, the answer is simple: Debt discharged in bankruptcy is not taxable. Tax on cancelled debt The tax code […]
The Difference Between Good Bankruptcy Lawyer and Great Bankruptcy Lawyer
Finding the right bankruptcy lawyer may be the difference between a successful bankruptcy and a nightmare. Choosing a lawyer you can talk to is critical because the basic bankruptcy bargain is full disclosure in exchange for discharge of debts. You’ll be disclosing lots of information normally held confidential. But there’s more. It’s not just a […]
Pay Off Credit Cards Without Interest: Bankruptcy For The Solvent
Once again, Chapter 13 rescued a client. He’ll get out of debt and pay off credit cards with no interest going forward. So many people tell me they could pay off the credit card balance if it wasn’t for the high interest. This client owned a home, had a job, and was solvent on paper, but […]
How Many Collection Calls Is Too Many
The CFPB has answered the burning question of how many collection calls is too many. Starting November 30, 2021, seven calls within seven consecutive days is the limit. More collection calls than that constitutes prohibited harassing conduct. And harassing conduct violates the Fair Debt Collection Act. Remember that the FDCPA governs the conduct of debt […]
Your Tax Refund Is Exposed In Bankruptcy, Unless…
The prospect of a tax refund makes most of us light up even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]
Double Dipping On Retirement Savings
Any time you can double your retirement savings and protect your money from creditors is a good time of the year. The period between New Years and Tax Day is my favorite time of the year, just for that reason. You can make contributions to your IRA last year AND contribute to this year’s IRA […]
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