Business is my bankruptcy “B’ word. Business debt of the individual filing bankruptcy is dischargeable just as other personal debt. In Silicon Valley, the very innovation and risk taking that makes the Valley vibrant brings with it the risks of not making it in the marketplace. Bankruptcy can be the “do over” vehicle, freeing manpower and […]
Search Results for: do you need to file bankruptcy
Is A Free Bankruptcy Consultation Worth It?
No matter how much they’ve spent on other stuff, those shopping for a bankruptcy lawyer seem to expect a free consultation. “Everyone else offers a free consultation” I’m told. Not me: I don’t do “free”. But I’ve come to doubt what other bankruptcy attorneys offer is really a free consultation. Oh, it may be free, […]
10 Tips To Help You Keep Your House
When financial trouble rears its head, keeping the house becomes a number one priority. Whether the pinch is caused by loss of income, a loan that resets, or business slow down, you can find making the mortgage payments a challenge. Not to mention sorting out escrow screwups and changes of servicers. So, we’re rounding up […]
The Secret Bankruptcy Exemptions
Exemptions in bankruptcy are all about what you keep. Exemptions define the collection of assets and rights that are safe from the reach of a bankruptcy trustee or your creditors. But planning exemptions in a bankruptcy case is more than just the looking down the list of things you keep through bankruptcy and the dollar amount […]
Consider The Clawback of Pre-bankruptcy Transfers Before Filing
If you don’t understand clawback in bankruptcy, you might think that bankruptcy involves only what you have when you file. But that’s not how it works. Bankruptcy law gives a bankruptcy trustee to power to unwind transactions and transfers that diminish what the debtor has on the day the case is filed. The idea is […]
Does Your Corporation Really Protect You From Debt: A Checklist
Business people usually incorporate their business to create a barrier between themselves and the debts of the business. They hope to insulate themselves from possible financial failure of the company. But all too many entrepreneurs stop working on the problem when the corporation is created. Failure to attend to the myriad of next steps can […]
3 Things That Prevent You From Getting Out Of Debt
It’s not a bad economy, poor budgeting skills, or credit card interest that keep you from getting out of debt. It’s emotions, not reasons, keep people from filing bankruptcy and starting fresh. Even if Reason says that you’ll never pay your debts off in the usual way. Reason also says that paying old debt steals […]
Family Lawyer’s Cheat Sheet to Bankruptcy
Here, in a nutshell, are bankruptcy basics for family lawyers. This isn’t everything you need to know to navigate a dissolution where one spouse files bankruptcy, or when marital debts suggest both spouses should file. It’s a start to a complex issue. You can get the basic introduction to concepts and terms operative in bankruptcy […]
Doing The Means Test Yourself
Posts on internet bankruptcy boards feature individuals who have “filled out the means test” and then proceed to announce their conclusions. Given the uncertainties in the legal community about how to apply the means test, I can’t imagine a non lawyer learning anything reliable from trying to do this themselves. As a certified bankruptcy specialist, I […]
Don’t Trust Anything Your Lender Says On The Phone
Don’t trust the loan servicer for a moment, was my advice to the client who was trying to track payments he’d made on his home mortgage . The mortgage industry has created an inhabited accounting swamp around your home; the lender’s representative lives in that swamp. Don’t turn your back on a carnivorous predator. I’m […]
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