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 […]
California Homestead Exemption: The Truth Isn’t What You Think
“They can’t take my house, whatever happens. Right?” The young man in my office “knew” how the California homestead works: he insisted that his home was exempt as a California homestead, even if he filed bankruptcy. He “knew” that credit card debt was dischargeable. And that “knowledge” lead to his conviction that , in bankruptcy, […]
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 […]
California Garnishment Now Provides Greater Protection Of Wages
Workers making close to the California minimum wage got additional protection from wage garnishments under a change in the law effective back in 2013. With the annual increases in the state minimum wage, in 2019 California law now protects an employee’s weekly net wages up to 40 times the state minimum wage, currently $11 to $12 […]
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 […]
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 […]
Free Tax Preparation Offered In Bay Area
Households with an annual income of $54,000 or less can have their tax returns prepared for free through the Bay Area United Way’s Earn It, Keep It, Save It program. Earned Income Tax Credit The Earn It, Keep It, Save It campaign is particularly focused on enabling qualifying individuals and families to access this tax […]
California Consumers Have Powerful Debt Collection Rights
California outdoes the rest of the country in its debt collection rights for consumers. Debt collectors have noticed the growing understanding of debtors about their rights to fair debt collection. And they aren’t happy. The Federal law Fair Debt Collection Practices Act regulates the conduct of third party collectors. Those protections apply everywhere and more […]
Debt Collectors Distort Community Property Law
Debt collectors claim you are personally liable for your spouse, or ex-spouse’s, debts. That’s a (convenient) lie. California community property law is complicated. I get it. It shouldn’t surprise me that debt collectors don’t understand community property. Or maybe, they find it inconvenient to understand. Or maybe, they deliberately distort the law. Collector expands spousal […]
Title Isn’t Everything: Watch Out For The Assets In Your Spouse’s Name
But it’s titled to my spouse, sputtered the hapless debtor at the bankruptcy hearing. She hasn’t filed bankruptcy. Not so, says the bankruptcy trustee. It was purchased during marriage, wasn’t it? And so, the trouble begins for those who don’t understand community property. Turns out the debtor left out of his schedules the bank account […]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 7
- Next Page »
