I’ve been named a SuperLawyer among Bay Area bankruptcy lawyers. That makes 14 years running. It’s flattering, but probably not much more than that. The real measure of my skills is in the clients’ lives whom I’ve impacted and the young bankruptcy lawyers I’ve mentored. In the meantime, I’m waiting for my cape to be […]
Claiming California Exemptions
When the sheriff arrives at your employer, or your bank, or your business with a levy for your money, you need good information fast. You need to know NOW, and FOR CERTAIN, what part of your assets are protected by an exemption under California law. You keep exempt assets Exemptions define the property that you […]
5 Things To Do When You Have Been Sued
The ring on the doorbell was a process server. Bingo! You’ve been sued in a California court. Now what? Breathe deeply and work your way through this five step check list. Then I’ll suggest some options. Scout the territory 1. Look at the caption: It identifies the parties to the suit. It’s right below the […]
Separate Finances Doesn’t Protect Spouse From Financial Disaster
By keeping separate finances, this California couple thought they had insulated the wife from the financial woes of her entrepreneur husband. They didn’t share bank accounts nor credit cards while she carefully kept her distance from his business dealings. Her name was not on anything tied to his business. But “separate” isn’t enough to overcome […]
Do I Have To File Bankruptcy Before There’s A Judgment?
Can I discharge a judgment once it’s entered, was the first question the caller asked. Do I have time to file bankruptcy? The caller was sure he had to file bankruptcy before the court entered judgment or he’d be stuck with the judgment forever. Not so. Bankruptcy discharges judgments. And, a judgment in California does […]
Which Spouse Is Liable For Debts In California
California has been a community property state since 1850, and still we struggle to understand which spouse is liable for debts. So here, broad brush, is a guide to the legal liability of spouses, ex spouses, registered domestic partners and their community property for debt. Because, as I’ve written, the community is a third “party” […]
What Happens To Cash In Bankruptcy?
How much cash can you keep when you file bankruptcy? It’s not as though you won’t have living expenses after you file bankruptcy. You need to know how you’ll manage and what you’ll have to manage with. Funding that fresh start is what exemptions are all about. We are talking here about California because exemptions, […]
California’s New Exemptions For Money In The Bank
California has finally created a state law exemption for cash in the bank. Californians filing bankruptcy no longer face loss of all the funds in their bank accounts when they choose California’s generous homestead, thanks to changes in exemption law. Two exemption statutes , new in 2020 , provide protection for cash in the bank […]
Life And Death of Debt In California
CPR has its place when human life is involved. Human life is precious. But when what’s dying is the legal right to collect a debt? Not so fast. You don’t want to breathe new life into an old debt that is legally dead. Yet you can do that, unintentionally reviving a debt that is legally […]
When Your Bank Account Is Seized: California Action Plan
Time is short when you get a notice that a creditor has levied your bank account. California has protections that may allow you to recover money that’s been seized. But success in getting your money back depends on prompt action and following the procedures. Bank levy basics A creditor with a judgment is entitled to […]
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