Tax code changes effective in 2018 inflicted a crippling blow to consumers who must sue to enforce their rights. And few have yet noticed. The tax deduction for miscellaneous itemized deductions under IRC Section 212 is gone. So now, consumers who prevail under statutes that award attorneys fees to the successful plaintiff are denied a […]
Chapter 13 Dismissed After All Payments Are Made: Self Inflicted Wounds
There’s been a rash of bullet-ridden feet lately in Chapter 13 cases. Debtors seem to whip out their pistols and shoot themselves in the foot with increasing regularity. Just when their goal of keeping the house was within reach, had they paid attention, they lose it all. It happens when debtors don’t hold up their […]
Why Even Rock Solid Marriages Need A Prenuptial Agreement
Pre nuptial agreements aren’t just for the rich or mid-life marriages. In California, pre nuptial agreements do far more than provide a blueprint for division of property at divorce. A prenup can earn its keep for decades in marriages where divorce never enters the picture. Why? It protects the assets of the marriage from outsiders. […]
When $400 Emergency Pushes You Over The Edge
The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency expense without borrowing. A significant slice of them couldn’t pay it at all. So, a Bloomberg economist devoted his column to deconstructing how the press and political figures, in his opinion, misused that finding. My God. The guy was too caught up in […]
Debt Buyers Barred From California Courts
Zombie debt may have met its match. California law now bars the door to the courthouse to a debt buyer holding a claim that is beyond the statute of limitations. Civil Code § 1788.56. If the party holding the debt bought it from someone else, after the original creditor had charged the debt off of […]
Cheapskate’s Guide To Asset Protection
We’ve been looking for ways to protect our possessions since the beginning of time. The tools change, but the goal is the same: defend what’s ours against others. Today, the whole asset protection industry is built on keeping your wealth and stiffing your creditors. The gurus of asset protection, at least, get rich with elaborate schemes; […]
Sign Your Corporation’s Name So You Aren’t On The Hook
John Hancock knew how to sign his name- so large that King George could read it without his glasses. But could he sign for a corporation as effectively? Most small business folks who do business today as a corporation are clueless when it comes to signing contracts on behalf of their corporation. When they sign […]
Silicon Valley Horror Story: The Business Credit Card That Bit
I’ve long said that there is no credit card for which a real, live human being isn’t liable. (That may be an exaggeration, but not by much.) And I’ve long worried about the prospects for success of business startups financed on credit cards. But I’ve never seen a departing employee of a start up stuck […]
5 Small Business Mistakes That Thwart Success
In recognition of National Small Business Week, we look at what a bankruptcy lawyer knows about business. Everyone tells you what to do to succeed in business; you also need to know what not to do if you don’t want to fail. Running your own business is the classic American dream. It’s romantic and heroic. […]
Financial Literacy Building Block: Compound Interest
Albert Einstein said compound interest is the 8th wonder of the world. Those who understand it, earn it. He who doesn’t, pays it. In other word, it’s a double edged sword. Terrific if you’re earning it. Debilitating if you’re paying it. And compound interest is a fundamental building block of personal financial literacy. […]
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