The higher-than-average wages in the Bay Area don’t disqualify you from bankruptcy, despite rampant misinformation about the bankruptcy means test. The means test, added to bankruptcy law in 2005, was (poorly) designed to keep above-average earners out of bankruptcy. But it hasn’t worked in the Bay Area, largely because of the cost of housing here. […]
California Statute of Limitations Gets Teeth
California law on debt collection finally has teeth. Recent changes to California law say that a debt collector must allege that the statute of limitations has not run when it files a lawsuit. No more suing on long-dead debt and winning unless the consumer files an answer and pleads the statute of limitations. No more […]
California Community Property Creates A Marital Threesome
Sounds kinky, doesn’t it? Three players in a marriage. Sharing. Everything. Only this is something you can talk about openly, without blushing: community property. Community property is the default property arrangement in California for a married couple. Yet it is poorly understood by those affected by it and it isn’t inevitable. How community property works […]
Wage Garnishment Survival Guide
“Your wages have been garnished, ” reads the letter from your employer. Do nothing and twenty-five percent of your after-tax earnings will be sent to your judgment creditor. So, do something: keep reading this action guide for Californians subject to a wage garnishment. This guide has three parts: the short run guide for minimizing the hit […]
California Homestead Grows With Inflation: Calculating The Homestead Increase
Calculating California’s homestead reveals the homestead in 2022 is now capped at $626,400. That’s even more generous than the originally enacted $600,000. And it will change next year. To calculated the current homestead exemption, you need an armful of data (and a bit of math). Because, the new law provided not only for a bigger […]
Get A Voodoo Discharge Without Filing Bankruptcy
One of the great mysteries of debtor/creditor law is the community property discharge in bankruptcy. When only one spouse files bankruptcy in a community property state like California, the non filing spouse reaps bunches of benefits that creditors can’t imagine. Benefits that aren’t explicitly described in books about bankruptcy or understood by creditors. Those benefits […]
California Exemptions Increase for 2022
The triennial adjustment of California exemption amounts becomes effective April 1. And it’s no joke. The new exemption numbers will protect more value in cash and assets necessary for everyday living. Exemptions define the assets that are safe from creditors in bankruptcy. The CCP 704 exemptions are also available outside of bankruptcy when judgment creditors […]
Are You Liable For Your Spouse’s Debts In California?
“Everyone knows” that California’s community property law makes you liable for spouse’s debts. Only, “everyone” is wrong. Or, more accurately, they’re only half right. Community property is liable for everything In California, the community property is liable for the debts of either spouse. In fact, the community property is liable for the debts that either […]
The Most Costly Community Property Blunder
What do you do when creditors from your spouse’s past threaten? Chances are your first reaction is to put the title to your biggest assets in just your name. Whew! Safe. Not. Just because the deed to the house now reads Jane Doe instead of John Doe and Jane Doe it’s easy to think the house is Jane’s separate […]
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