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Northern California Bankruptcy Lawyer

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Table of Contents

ImageTitleSummary
“How do I know when to file bankruptcy” was David Leibowitz’s topic on the Bankruptcy …
“Chapter 20” Lives in Northern California Bankruptcy CourtsDebtors with a Chapter 7 discharge too recently to get a discharge in a subsequent …
"Hold Harmless" Survives "To Have and To Hold"
“Hold Harmless” Survives “To Have and To Hold”  Divorce usually requires the division of the debts of the marriage along with the …
car loan in 13
$7000 Off The Price Of The Car In Chapter 13How would you like to reduce your car payment, by lots? In a recent case, …
bankruptcy gems
10 Best Bankruptcy & Money Posts Of 2015Jumping the gun on year end by a bit, I’ve gathered up the 10 most-read …
10 Best Bankruptcy Soap Box Posts Of 2015
10 Best Bankruptcy Soap Box Posts Of 2015How do I measure which Soapbox posts from 2015 are my favorites?  It’s like asking …
judgment at law
10 Must-Know Things About Money JudgmentsWhat does it mean when a judgment is entered against you in a lawsuit? It’s …
filing bankruptcy
10 Reasons Why Bankruptcy May Be Your Best InvestmentSpend money to go broke? Seems counter-intuitive, but it could be the best money you …
know about bankruptcy
10 Things Every Attorney Should Know About BankruptcyFinancial stress is everywhere. It pops up in family law, litigation, business, and our dealings …
bankruptcy truths
10 Things Personal Finance Bloggers Need To Get Right About BankruptcyToo many personal finance bloggers need to sharpen their game when it comes to bankruptcy. …
10 Things Tax Professionals Need To Know About Bankruptcy
10 Things Tax Professionals Need To Know About BankruptcyAs tax season approaches, tax pros need a basic understanding of bankruptcy to serve clients …
keeping your home
10 Tips To Help You Keep Your HouseWhen financial trouble rears its head, keeping the house becomes a number one priority. Whether …
consumer credit
10 Top Tricks Of The Lending IndustryThe tricks lenders use to sell you a bad loan are limited only by the …
20 years of bankruptcy information
20 Years Of Bankruptcy In BriefTwenty years ago this month, Soapbox’s parent website, Bankruptcy In Brief, went live with four …
top bankruptcy posts 2021
2019 Reader Favorites From Bankruptcy SoapboxIt’s always fun to see which posts spoke to readers of Bankruptcy Soapbox during the …
chapter 13 success
3 Real Reasons Chapter 13 Plans Fail  Two out of three confirmed Chapter 13 cases fail.  Those are cases that met …
getting out of debt
3 Things That Prevent You From Getting Out Of DebtIt’s not a bad economy, poor budgeting skills, or credit card interest that keep you …
3 Things Turn Off This Bankruptcy Lawyer
3 Things Turn Off This Bankruptcy LawyerLooking to find a bankruptcy lawyer. Then you need to know what makes a good …
4 Compelling Reasons To File The Tax Return Even If You Can't Pay
4 Compelling Reasons To File The Tax Return Even If You Can’t PayShould you file the tax return if you can’t pay the tax? You got to …
ready for life after bankruptcy
4 Easy Tips To Prepare For Bankruptcy And BeyondReady for life after bankruptcy? Even before your case is filed, you can start preparing …
successful Chapter 13
4 Keys To Chapter 13 SuccessHow do I make a Chapter 13 plan that succeeds? That’s important because a successful …
going to court
4 Rules For Testifying At Your Bankruptcy HearingGoing to court for your first meeting of creditors? What are they going to ask …
mortgage debt
5 Essential Tips To Understand Your Mortgage LoanFiguring out what your home loan balance is can be harder than a calculus exam. …
debt collection rights
5 Free Tools To Fight A Debt CollectorWhen a debt collector calls, the conversation often seems all too one-sided. The collector makes …
small business
5 Small Business Mistakes That Thwart SuccessIn recognition of National Small Business Week, we look at what a bankruptcy lawyer knows …
5 Things To Do When You Have Been Sued
5 Things To Do When You Have Been SuedThe ring on the doorbell was a process server. Bingo!  You’ve been sued in a …
California homestead
6 Things You Need To Know About The California HomesteadBill raising homestead amount and tying it to local home prices passed Legislature and was …
before filing bankruptcy
7 Essentials For Better Results From Filing BankruptcyPlan before filing bankruptcy and you get better, more certain relief. Even if you’re not …
keep the house
7 Keys To Keeping Your House: Chapter 13 After You FileFiling Chapter 13 bankruptcy stops the foreclosure.  You’ve protected your home, for the moment. Bankruptcy …
community property
7 Principles of California Community PropertyBaffled by California community property? Think it makes you personally liable for the debts of …
8 Essential Tasks To Maximize Your Bankruptcy Fresh Start
8 Essential Tasks To Maximize Your Bankruptcy Fresh Start Got your bankruptcy discharge recently?   The end of the bankruptcy case is the start …
Advertizement for SavingsI saw a promotion for savings on the TV last night. ING, bless their heart, …
After the loan modification: the underwater houseTwo trends in the housing crisis are intersecting in my practice:  we’re seeing more loan …
All Bankruptcy Advice Is Not Created EqualPeter Mullison proposes in a recent article, that there are five types of people one should …
All gain by permitting mortgage modificationThe adjustable rate mortgage mess is with us: no amount of pussyfooting about whether a …
fresh start
All I Want For Christmas Is A New Year And A Fresh StartThe best gift you can give yourself for Christmas may be a fresh financial start …
best of Soapbox
All Star Soapbox Posts For 2017 – The Readers’ FavoritesWe’re half way through the year here on the Bankruptcy Soapbox.  Let’s take an All …
bankruptcy during litigation
All You Need To Know About Bankruptcy Stay & Pending LitigationWhen a trial date looms, bankruptcy may look better and better to a defendant. Bankruptcy …
IRA contribution
Annual IRA Contribution: Use It Or Lose ItTax day approaches. With it comes the IRA contribution deadline. You expect to live for …
saving in Chapter 13
Another voice in the savings chorusI am not alone! A Wisconsin judge allowed Chapter 7 debtors to contribute to retirement …
Bankruptcy trends meaningless
Are You Better Off With Bankruptcy?Who cares whether bankruptcy filings are up or down? Bankruptcy professionals, certainly. Economists, probably. But …
spouse's debts
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” …
New lawyer as life saver
Are You Stuck With The Lawyer Who Filed Your Bankruptcy Case?Your bankruptcy case is filed.  It’s not going as smoothly as you expected. In fact, …
Asset Protection For Free
Asset Protection For FreeBefore you sign up with the guy in the ad, explore free asset protection, courtesy …
At Risk Of Arrest For Not Paying Your Debts?This fake arrest warrant is wrong in so many ways. Repeat after me: we don’t …
car repossession
At Risk of Repossession? How To Keep The Car & Pay LessIf you are one of the  7 million Americans late on your car payments and …
tax audit
Audited? Did You Tell The State Tax Authorities?We’re all about sharing these days, aren’t we?  So, did you share with the state …
bankruptcy stay
Automatic Stay Has Exceptions: It Doesn’t Stop EverythingThe automatic stay is the signature feature of American bankruptcy, but the stay has important …
IRS form 1099
Avoid Paying Taxes On That 1099 Form, LegallyIt’s tax time and the mails are full of IRS form 1099. If you managed …
Bail Yourself Out Of Payroll Tax TroubleBusiness owners with unpaid payroll taxes are in deep trouble. Even if the employer is a …
Bank Account Safe From Credit Card DebtYour bank can’t take your money in an account to pay their credit card. That’s …
Bank Has No Remedy After Foreclosure
Bank Has No Remedy After ForeclosureFacing foreclosure is bad enough; worrying about your exposure afterwards is worse. Breathe deeply. California …
Banking lobby ignores current mortgage lawSpokesmen for the banking lobby expect the world to stop spinning if bankruptcy judges gain …
Bankruptcy Alphabet:  A Is For Assume
Bankruptcy Alphabet: A Is For AssumeIn my bankruptcy alphabet,  “A” is for Assume. People assume all kinds of things about …
Bankruptcy Alphabet:  B Is For Business
Bankruptcy Alphabet: B Is For BusinessBusiness is my bankruptcy “B’ word. Business debt of the individual filing bankruptcy is dischargeable just …
bankruptcy discharge
Bankruptcy Alphabet: D is for Discharge“D” is for discharge in my bankruptcy alphabet. Getting a discharge of debts is the …
Bankruptcy Alphabet:  F is for First
Bankruptcy Alphabet: F is for FirstIn my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist …
Bankruptcy Alphabet:  H is for House
Bankruptcy Alphabet: H is for HouseIn my bankruptcy alphabet, H is for house. Can I keep my house if I …
What was omitted from bankruptcy schedules
Bankruptcy Alphabet: L is for LifeIn my bankruptcy alphabet, L is for the Life you can get back when you …
Bankruptcy Alphabet:  M Is For Modify
Bankruptcy Alphabet: M Is For ModifyM is for Modify in my Bankruptcy Alphabet. The Bankruptcy Code provides that a borrower …
Bankruptcy Alphabet:  N Is For Nondischargeable
Bankruptcy Alphabet: N Is For Nondischargeable  The letter N, in my Bankruptcy Alphabet, stands for Nondischargeable.  These are the debts …
In Bankrptcy Alphabet, P is Priority
Bankruptcy Alphabet: P is for PriorityPriority is the P word in my Bankruptcy Alphabet. Priority is the order in which …
Bankruptcy Alphabet Q is for Questions
Bankruptcy Alphabet: Q is for Questions  The letter Q stands for Questions in my bankruptcy alphabet. Like the storied Light Brigade, …
S is for Strip in my bankruptcy alphabet
Bankruptcy Alphabet: S is for StripS is for Strip in my Bankruptcy Alphabet.  Bankruptcy lawyers delight in stripping liens from …
T is tension in the bankruptcy system
Bankruptcy Alphabet: T is for TensionIn my bankruptcy alphabet, T stands for Tension. I’m not talking so much about the …
Bankruptcy Alphabet: U is for Unsecured
Bankruptcy Alphabet: U Is For Unsecured    U stands for Unsecured debt in my Bankruptcy Alphabet.  Unsecured describes a  bankruptcy …
W is for Wildcard, a bankruptcy exemption
Bankruptcy Alphabet: W is for WaitW is for Wait in my Bankruptcy Alphabet. As in “Wait! Wait! Don’t file yet.” Timing …
X is for OEX
Bankruptcy Alphabet: X is for oeXI had to stretch, I admit,  for X in my Bankruptcy Alphabet. An OEX under …
Bankruptcy Alphabet:  Y is for Yoke
Bankruptcy Alphabet: Y is for Yoke  Y, in my Bankruptcy Alphabet, stands for Yoke. Debt is a yoke around the …
Bankruptcy Alphabet: Z
Bankruptcy Alphabet: Z is for ZillionIn my bankruptcy alphabet, Z is for zillion. Zillion is a real word but a …
Bankruptcy Alphabet: C is for Counseling
Bankruptcy Alphabet: C is for CounselingCounseling, delivered by an approved provider, before the bankruptcy case is filed, is required. Fail …
Bankruptcy Alphabet: E is for Exemptions
Bankruptcy Alphabet: E is for ExemptionsE stands for exemptions in my Bankruptcy Alphabet. Exemptions describe the possessions you get to …
Bankruptcy Alphabet: G is for Guaranty
Bankruptcy Alphabet: G is for GuarantyG is for guaranty in my Bankruptcy Alphabet. A guaranty is just as much a …
Bankruptcy Alphabet: I Is For IRS
Bankruptcy Alphabet: I Is For IRS  “I” stands for IRS in my Bankruptcy Alphabet. Bankruptcy law treats the IRS little …
Bankruptcy Alphabet: J For Justify
Bankruptcy Alphabet: J For JustifyJ stands for Justify in my Bankruptcy Alphabet.  Or rather, it stands for “no need …
Bankruptcy Alphabet: K Is For Keep
Bankruptcy Alphabet: K Is For KeepThe letter K is for the stuff you keep through bankruptcy. The cartoon image of …
Bankruptcy alphabet: O is for Omitted
Bankruptcy Alphabet: O Is For OmittedO stands for Omitted in my Bankruptcy Alphabet.  Whether it’s creditors or assets that are …
R for Retirement in Bankruptcy Alphabet
Bankruptcy Alphabet: R is for RetirementIn my bankruptcy alphabet, R stands for Retirement. Retirement plans and IRA’s are safe in …
bankruptcy alternatives
Bankruptcy Alternatives Cost More, Deliver LessBankruptcy alternatives often suck. The on-line story of one customer of a debt settlement company …
Bankruptcy and "Ruining your credit score"
Bankruptcy and “Ruining your credit score”No matter how precarious their financial situation, almost every client I meet thinks bankruptcy will …
Bankruptcy And Divorce Collide: The Threatened Filing
Bankruptcy And Divorce Collide: The Threatened FilingMy soon-to-be ex threatens to file a bankruptcy tomorrow and get me kicked out of …
Bankruptcy and the “hard of hearing”You never know just how a client hears your advice, until you hear yourself quoted …
Bankruptcy as opportunityMy friend bankruptcy attorney  Doug Jacobs tackles client guilt about filing bankruptcy by getting the …
taxes dischargeable
Bankruptcy Busts Taxes If The Timing Is RightGot unpaid taxes for 2019?  Three tax discharge timing rules control when those taxes can …
life after bankruptcy
Bankruptcy Changes Your Life, Only Not The Way You ThinkHow will filing bankruptcy change my life? My clients ask all the time.  They imagine …
monthly mortgage statement
Bankruptcy Debtors Entitled To Monthly Mortgage StatementsServicers must now send monthly mortgage statements to borrowers in bankruptcy under a new CFPB …
bankruptcy protection for non-filing spouse
Bankruptcy Discharge For One Spouse Yields Benefits For Non-filing SpouseSpouses don’t have to file bankruptcy together. Often there are strategic reasons for only one …
form 1099
Bankruptcy Discharge Slays IRS Form 1099In a duel between a tax Form 1099 and a bankruptcy discharge, bankruptcy wins every …
dismissed or discharged
Bankruptcy Discharge vs. DismissalDismissed and discharged. In a bankruptcy case, these two terms are at the opposite ends …
Bankruptcy crime-do time
Bankruptcy Disclosure: Don’t Let Orange Be The New BlackHow will anyone know? That’s the question clients ask about assets that they don’t want …
Bankruptcy Drives Credit Score Surprise
Bankruptcy Drives Credit Score SurpriseBankruptcy improved my client’s credit score, almost on the spot. Before bankruptcy, a miserable credit …
Bankruptcy Exemption Bill Changes More Than Dollar AmountsAn odd quirk in California’s bankruptcy exemptions was eliminated when the exclusion for pain and …
Bankruptcy improves your credit scoreTo a distressing extent, people in dire financial straits still worry that escaping overwhelming debt …
Bankruptcy info by emailMy colleague Jonathan Ginsberg writes about his reluctance to provide legal advice or second opinions …
bankruptcy choice
Bankruptcy Is Not Your Last ResortEvery personal finance guru intones that “bankruptcy is the last resort.” In my opinion, they …
bankruptcy judge
Bankruptcy Judge – Umpire In A Robe?The most powerful tool for debtors fixing things is the bankruptcy judge. My friend bankruptcy …
Bankruptcy Judge: The Phantom In Your Case
Bankruptcy Judge: The Phantom In Your CaseWill the judge approve my bankruptcy case? Do I have to explain to the judge …
Bankruptcy lawyer must have otherworldly powersJonathan Ginsberg’s piece about the murky language of notices from the bankruptcy court struck a …
means test numbers
Bankruptcy Means Test: New Numbers, Little Impact For Bay AreaThe bankruptcy means test numbers for California are out, and again higher incomes still escape …
Bankruptcy No Place For DIY
Bankruptcy No Place For DIYThe do- it- yourself spirit seems especially strong in bankruptcy courts these days. Only it …
Bankruptcy Questions Have Few Quick Answers
Bankruptcy Questions Have Few Quick AnswersThe caller to my law office kept telling my assistant: I just want to ask Cathy …
bankruptcy papers
Bankruptcy Schedules Are More Than Just PaperworkBankruptcy paperwork can make you feel like you are drowning in paper. There’s your paper; …
Bankruptcy Trustees And The Short Sale RacketCan a bankruptcy trustee force the sale of the debtor’s underwater home? Incredibly, that seems …
bankruptcy upsets divorce
Bankruptcy Upsets The Divorce Property DivisionThe divorce was over. The assets were divided by a final judgment. The house would …
Bankruptcy Without A Discharge: Why Chapter 20 WorksWhat does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? …
Banks have already lost on bad loansA Credit Slips post on HR 1106, the mortgage modification bill, . lamented that “people …
Banks Worsen Foreclosure CrisisBusiness Week has a great (or sad) story detailing the reactions of the banking industry …
Bay Area credit card debtThe changes to credit card billing practices proposed by the FRB are welcome, but just …
Bay Area Loan Modification Scam BustedPeople are desperate to save their homes; scammers are pleased to part them from their …
bankruptcy alone
Be Prepared When You File Bankruptcy Without Your SpouseThe bankruptcy trustee’s question to the debtor was jarring:  “why didn’t your spouse file bankruptcy …
Before You List Your Home For Sale: The Essential First Task
Before You List Your Home For Sale: The Essential First TaskSelling your home?   Before you list your home, before you interview a realtor, before …
car loan
Behind on car loan?Are you looking over your shoulder for the repo man every time you park your …
best bankruptcy advice
Best Bankruptcy Advice of The Year  Readers of Bankruptcy Soapbox vote for their favorite bits of bankruptcy and money advice …
best of 2019
Best New Bankruptcy Insights Of 2019As we wave goodbye to 2019, we asked what issues grabbed you in 2019? Or, …
Best Of 2014 On Bankruptcy Soapbox
Best Of 2014 On Bankruptcy SoapboxHere are the ten posts that most intrigued readers of Bankruptcy Soapbox in 2014. Some …
Best of 2017
Best Of 2017: Reader Favorites On Bankruptcy SoapboxI tallied up reader favorites from the 2017 posts on Bankruptcy Soapbox.  The balloting is …
rebuilding credit through reaffirmation
Better Credit After Bankruptcy: Does Reaffirming A Car Loan Help?Does reaffirming a car loan after bankruptcy help rebuild your credit? Rebuilding credit is the …
living in debt
Better To Live With Debts Than File Bankruptcy?Locked up in debt? Should you file bankruptcy? Or, is it better to live with …
servicer leaves money on table
Big Ocwen Payout To Victimized HomeownersOcwen’s mortgage servicing failings will cost it big bucks. The Attorneys General of the states …
bills to pay
Bills I Gotta Pay, But There’s A Pandemic Out ThereI have bills I have to pay but no income. That despairing line was repeated …
Borrowers Beat Wells Fargo In Trial Modification CaseThe mortgage modification process has long felt like a match between David and Goliath. Homeowners …
Bouncing Back From Bankruptcy:  The To-Do List
Bouncing Back From Bankruptcy: The To-Do ListRecovering from bankruptcy isn’t hard. You’ve hurdled the debt chasm and finished your bankruptcy case. …
Budgeting with an open mindVarious forms of insurance are often big pieces of my clients’ budget.  The irony is …
California aligns tax law on mortgage debt forgiveness with fedsWhile the federal tax law carved out an exception to the tax on cancellation of …
short sale liability
California Anti Deficiency Laws Trump Short Sale AgreementA California homeowner who negotiated a short sale of her home that left her personally …
california bankruptcy law
California Bankruptcy Law Is All Our OwnCalifornia Bankruptcy law is a lot like a unicorn….appealing but imaginary. Instead, we have bankruptcy …
California Bankruptcy Lawyer Puts Information Out There - Too Bad He's Wrong On The Basics
California Bankruptcy Lawyer Puts Information Out There – Too Bad He’s Wrong On The BasicsI applaud attorneys who make sound information about bankruptcy available to the public.  My only …
California Community Property Creates A Marital Threesome
California Community Property Creates A Marital ThreesomeSounds kinky, doesn’t it? Three players in a marriage. Sharing. Everything. Only this is something …
California Consumers Have Powerful Debt Collection Rights
California Consumers Have Powerful Debt Collection RightsCalifornia outdoes the rest of the country in its debt collection rights for consumers. Debt …
legal help
California Courts Provide On Line HelpIndividuals with matters before the state courts of California have an updated resource in the …
car after bankruptcy
California drivers score huge bankruptcy winCalifornia law, effective January 1, 2023, will assure those who file bankruptcy that they can …
new exemption numbers
California Exemptions Increase for 2022The triennial adjustment of California exemption amounts becomes effective April 1. And it’s no joke. …
California Extends Protection For Home Loan BorrowersOne of the home refinance pitfalls for Californians bit the dust. Starting January, 2013,  antideficiency …
foreclosure sale in California
California Foreclosure Law Streamlined By AmendmentCalifornia foreclosure law now permits a sale date to be set before the reinstatement period …
California Garnishment Now Provides Greater Protection Of WagesWorkers making close to the California minimum wage got additional protection from wage garnishments under …
California homestead
California Gets New HomesteadThe California Legislature enacted a dramatic increase to the state’s homestead law at the very …
how california homestead works
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” …
calculating today's California homestead
California Homestead Grows With Inflation: Calculating The Homestead IncreaseCalculating California’s homestead reveals the homestead in 2022 is now capped at $626,400. That’s even …
California homestead
California Homestead Works In Other States, TooCalifornia homestead law drives bankruptcy exemptions even for those who no longer live in California. …
california income taxes
California Income Tax Deadlines ExtendedCalifornia’s Franchise Tax Board postponed until July 15, 2020, the filing and  tax payment deadlines …
California Law on Cancelled Debt Mirrors Federal Law
California Law on Cancelled Debt Mirrors Federal Law  I’ve always assumed that California law excluded from income debt forgiven in bankruptcy, just …
California legislature halts foreclosuresLegislation attached to the long delayed California budget halts foreclosures on family homes in a …
California's report card
California Only Middling In Protecting Families From Debt CollectorsWhen it comes to protecting working families from debt collectors, California gets a B, according …
California Pulls The Plug On Debt Buyers
California Pulls The Plug On Debt BuyersUp until now, old debts lived on, until the person who owed the debt pulled …
california eviction protection
California Renter Protections From Eviction: How To QualifyCalifornia  bans evictions for non payment triggered by the COVID-19 shut-down under Gov. Newsom’s executive …
California Restores Mortgage Debt Relief for 2013California taxpayers who lost their home to foreclosure or a short sale in 2013 got …
California stimulus check
California Stimulus Checks Available Only When You File Your Tax ReturnAre you eligible for a California stimulus check? This state program provides cash payments to …
property upon death
California’s Good Deed: Passing Real Property At DeathThe horror stories about do-it-yourself estate planning are both plentiful and tragic. Between the fear …
california cash exemptions\
California’s New Exemptions For Money In The BankCalifornia has finally created a state law exemption for cash in the bank. Californians filing …
bankruptcy reaffirmation
Californians Can Now Keep Their Cars After Bankruptcy Without ReaffirmationNew California law, effective January 1, 2023, eliminates the need for bankruptcy debtors to reaffirm …
protect assets in bankruptcy
Can A Trust Protect You In Bankruptcy?Can a living trust protect your assets in bankruptcy? Or, anywhere else? According to the …
Can You Afford The Cost of Retiring Here In California?Care to guess what it will cost a retired couple in San Mateo County to …
Can You Be Arrested For Not Paying Your Debts?
Can You Be Arrested For Not Paying Your Debts?Despite the story spread all over about federal marshals arresting a man for an unpaid …
car loan after bankruptcy
Can You Get A Car Loan After Bankruptcy?Wheels are essential for most of us to get to work. And whatever you’re driving …
rescue business
Can You Rescue Your Business With Chapter 13Small business owners who are sole proprietors can enlist the power of bankruptcy’s Chapter 13 …
Can You Spot The Signs Of A Collection Scam
Can You Spot The Signs Of A Collection ScamIt’s pretty scary when a $300 payday loan turns into an investigation by the Federal …
ailing business
Can Your Business Survive Tough Times?When the virus shutdown is over, ailing businesses must consider whether to continue.
Can Your Creditor Get A Lien On You?
Can Your Creditor Get A Lien On You?Can “they” put a lien on me? If you have debts you can’t pay, that’s …
Cancel card and enjoy convenience?American Express is offering a cash reward for card holders who cancel their accounts.  This …
Keep the car through bankruptcy
Car Crazy In Bankruptcy CourtMy client wants to keep paying on his car after bankruptcy. The lender wants my …
Card Companies Charge ForwardAt a hearing on the effect of the bankruptcy “reform” bill held in the Senate …
Case of the vanishing home equityMy friend Kurt O’Keefe writes about the 6 trillion dollars in home equity than has …
Cash collateral in consumer cases
Cash collateral in consumer casesIt works like this: a creditor with a lien on income producing assets has a …
Caution: Freedom Debt ReliefHere’s the consent decree obtained by the Consumer Financial Protection Bureau against Freedom Debt Relief …
CCCS remains a star in credit counselingThe Mercury News had a great article on CCCS of Santa Clara County and its …
Changing paradigm of plasticWhen politicians talk about credit cards, they conjure up images of consumer purchases, and often, …
Changing view of when to file bankruptcyThe Supreme Court’s recent decision in Lanning and the application of the infamous “means test” …
chapter 13 case
Chapter 13 Bankruptcy Disrupted by CoronavirusHas your Chapter 13 bankruptcy case been turned upside down by coronavirus? You are not …
Chapter 13 debt limits  double for couples
Chapter 13 debt limits double for couplesEach debtor in a Chapter 13 was entitled to debts within the debt ceilings for …
HOA debt discharged
Chapter 13 Discharges HOA DebtCondo fees that come due after a Chapter 13 bankruptcy is filed are discharged at …
Debtors shoot themselves
Chapter 13 Dismissed After All Payments Are Made: Self Inflicted WoundsThere’s been a rash of bullet-ridden feet lately in Chapter 13 cases. Debtors seem to …
chapter 13 debt limits
Chapter 13 Eligibility Greatly Expanded And SimplifiedCongress has just expanded and simplified eligibility for Chapter 13 by enacting new debt limits. …
tax troubles
Chapter 13 Fixes Tax TroubleTax troubles become manageable in Chapter 13 bankruptcy. 13 offers powerful alternatives to fighting with …
steering your financial course
Chapter 13 Keeps You In ControlYou can’t decide between bankruptcy chapters until you really understand how Chapter 13 works to …
rescued
Chapter 13 To The Rescue In Ruinous Business LawsuitTwice in the last six months, Chapter 13 bankruptcy has saved clients facing catastrophic lawsuits …
Chapter 13 trustee commission can skew the numbersPeter Orville wrote about the impact of the Chapter 13 trustee’s commission The point he …
Chapter 13 trustees, money and goodwillDate line:  July, 2008 I’ve spent the last three days at the annual meeting of …
The financial road isn't always smooth
Chapter 13: Know Who Gets Paid First Under Your PlanWho gets paid in Chapter 13, and in what order, makes a huge different when …
protecting assets
Cheapskate’s Guide To Asset Protection  We’ve been looking for ways to protect our possessions since the beginning of time. …
cheat sheet for means test
Cheat Sheet For Passing Bankruptcy Means TestThe bankruptcy means test has a fatal weakness in its attempt to keep people out …
Chevy Chase Bank ARMS violate Truth in LendingFor the past couple of years in Northern California, there has been a flurry of …
Claim Tax Deductions Lurking In Your Chapter 13  Tax deductions may be hiding in your Chapter 13. Did you file for an …
Client “wants to think” about appointmentThe client with a pending foreclosure sale called and canceled an initial consultation with me …
closing business
Closing Up ShopWhat can you do when it becomes obvious that your  business should close? The hardest …
cosigner in crosshairs
Co Signers Put Themselves In Creditor’s CrosshairsThe liability of a co signer is the single most common misunderstanding about the law …
Collection Law Suits in California
Collection Law Suits in CaliforniaA prospective bankruptcy client often arrives in my office they’ve been sued for debt and they …
Collection law suits in California (2)I wrote earlier about the erroneous assumptions that clients make when they are served with …
Collection Suits and Court Dates
Collection Suits and Court DatesThose in financial difficulty are frequently not operating at their peak.  I know that. But …
Collections Is A  Boogie Man For Businesses Too
Collections Is A Boogie Man For Businesses Too“Being sent to collections” is a boogie man for businesses as well as for individuals, …
Congratulations To Sergio Garcia, New California Lawyer  Welcome to the California Bar, Sergio Garcia.  Brought to this country as a teen …
bankruptcy clawback
Consider The Clawback of Pre-bankruptcy Transfers Before FilingIf you don’t understand clawback in bankruptcy, you might think that bankruptcy involves only what …
furloughed federal employees
Coping With No Paycheck: Do’s and Don’ts For Victims Of The ShutdownCaught up in the government shut down?  Going without another paycheck? Here’s my two cents …
Costs of Incarcerated Kid Dischargeable in BankruptcyBankruptcy “reform” a decade ago expanded protections for those owed family support. Any debt “in …
Counting on the consumer to do the wrong thingI find a real irony in discussion of the economic stimulus package under consideration to …
Countrywide admits to faking interest in modificationsDefending a lawsuit claiming it engaged in fraud and misrepresentation when it strung borrowers along …
Couple Beats Big Banks Who Ignored Bankruptcy DischargeA couple of banks found out that it’s expensive to ignore the bankruptcy discharge. For …
cutting mortgage to size
Cramming Down Mortgage Liens: The Plot ThickensCan you afford to cram down a mortgage when cram down is permitted? Mortgages on …
Credit card “overspending” parallels housing crisisForbes has compiled a list of cities where credit card spending is highest. My scan …
Credit card for emergenciesCan I keep a credit card out of my bankruptcy for future emergencies, clients routinely …
Credit card issuers crazier than I thoughtToday’s experience with credit card issuers topped the tale I was told last week by …
Credit Cards Call the ShotsThe arbitrariness of the credit card world is highlighted in a recent Consumer Action study …
credit report mistake
Credit Reporting Agency Is All Wrong About BankruptcyFound a mistake in your credit report after bankruptcy? Happens all too frequently. But a …
Credit Scores Trend Upward After Bankruptcy
Credit Scores Trend Upward After BankruptcyAfter bankruptcy, credit scores go steadily up, says a 17 year study released by  the …
Creditor Must Pay If It Loses A Bankruptcy Fight
Creditor Must Pay If It Loses A Bankruptcy Fight  The game isn’t very fair when the players are mismatched. Though bankruptcy court is …
tax liens
Cut Tax Liens Down to SizeTax liens are no match for Chapter 13 when it comes to cutting the lien …
Cut Tax Penalties In Bankruptcy
Cut Tax Penalties In BankruptcyGet in tax trouble and the tax penalties often grow huge. What starts as a …
Cutting The Car Loan Down To Size
Cutting The Car Loan Down To SizeBankruptcy can strip down what you’re paying on your car loan to just the bare …
damaged credit
Damaged Credit Reports HealWill filing bankruptcy hurt my credit? Probably. Should that hit to your credit keep from …
dividing assets at divorce
Danger In Delaying Division of Property In CA DivorceDelay dividing property in your California divorce and a bankruptcy filing may cost you any …
Dates, Mates, and Debts In A Community Property State
Dates, Mates, and Debts In A Community Property StateScoping out dates and mates by their credit scores at first seems far fetched and …
Watch for old debts
Dead Debts Haunt Home PurchaseEternal vigilance is the price of freedom. It’s also the price of freedom from old …
taxes after bankruptcy
Deal With Your Taxes After BankruptcyWhen you’ve still got taxes after bankruptcy, things can get complicated. That’s because some taxes …
Debt Actually Makes You Stupid
Debt Actually Makes You StupidIt’s easy to tell ourselves that getting into debt was stupid. Maybe, maybe not. Lots …
debt buyer barred
Debt Buyer Gets Less Than It Bargained ForNo way, said the court. A debt buyer who sued a foreclosed borrower, not for …
Debt Buyers Barred From California CourtsZombie debt may have met its match. California law now bars the door to the …
Debt Can Kill You If You Let It
Debt Can Kill You If You Let ItMoney is the single largest source of stress in the US, at least before COVID-19. Other …
lawsuit on old debt
Debt Collection Breakthrough ProtectionThe new rule defines attempts to collect a time-barred debt a false or deceptive practice, …
debt collector
Debt Collector Threats: Which Ones Are Real?“What debt collector threats should people be afraid of?” was the question my friend bankruptcy …
distorted law
Debt Collectors Distort Community Property LawDebt collectors claim you are personally liable for your spouse, or ex-spouse’s, debts. That’s a …
Debt DebilitatesThe U.S. Armed Services recently disclosed that a significant number of service personnel cannot be …
bankruptcy debt limits
Debt Limits Increase For Chapter 13 BankruptcyDebt limits to swell to $2.75M under new legislation Legislation signed in June, 2022 raised …
Debt settlement doesn’t equal credit counselingWhile there are an endless number of misconceptions about filing bankruptcy, the one I’ve encountered …
debt settlement
Debt Settlement Is A DudDebt settlement is often dangled in front of the financially challenged as an alternative to …
Debt Settlement Settles NothingThe marketing success of  debt settlement companies flows from two profound truths about the indebted …
Debt settlement: how it really worksDebt settlement companies thrive on tapping the consumer’s genuine desire to pay back their debts. …
Debtor Bites Collector Over Stale DebtThe collection law firm had to pay, not the debtor, when they sued a disabled …
Debts not passed on when one passes onThe survivors of someone who dies are not personally responsible for the decedent’s debts.  Yet …
Debts To The Government: Can They Be Wiped Out
Debts To The Government: Can They Be Wiped OutIt’s easy to assume that debts owed to the federal government can’t be discharged in …
nondischargeable debts
Debts You Can’t Wipe Out In BankruptcyThree kinds of debt survive bankruptcy discharge, because they are unlike the other sixteen non …
Denying the debt collectorPam Stewart writes about debt collectors suggesting a cash advance on the card they were …
Depressed Property Values & Valueless Liens
Depressed Property Values & Valueless LiensFiling bankruptcy to eliminate an underwater lien is perfectly acceptable, says the 9th Circuit Bankruptcy …
bankruptcy hearing
Did You Tell The Whole Truth In Your Bankruptcy Papers?You must “tell the truth” on your bankruptcy schedules, bankruptcy advice sites intone. Most of …
Different advice after BAPCPAI looked back to see how my advice to clients considering bankruptcy has changed since …
DIK Remedies For Foreclosure Breed Bankruptcy Tragedies
DIK Remedies For Foreclosure Breed Bankruptcy TragediesWarning: virulent outbreak of do-it-yourself bankruptcies all around. Symptoms:  panic over prospect of foreclosure Supposed …
debt collector
Disarm The Debt Collector: Understanding The Weapons of Debt CollectionYou can stop a debt collector cold, wherever you live, using federal law. It doesn’t …
bankruptcy taxes
Discharge Taxes in Bankruptcy: Move Beyond the MythMyths about taxes in bankruptcy are as common as myths about fire breathing dragons.  Central …
Discharged Debts Don’t Bar Chapter 20 Lien StripUnderwater liens that linger after an earlier bankruptcy don’t count in Chapter 13. At least, they …
Disdain for Automatic Stay EverywhereI have more actions against creditors for violation of the automatic stay going right now …
Dividing Debts At Divorce:  What You Need To Know
Dividing Debts At Divorce: What You Need To KnowThe division of the debts of a failed marriage, however carefully crafted at divorce, can …
Divorce And The Ticking Debt Bomb
Divorce And The Ticking Debt BombDebts of the marriage often outlive the marriage itself. And, those left-over debts are nothing …
Do California Seniors Need to File Bankruptcy?
Do California Seniors Need to File Bankruptcy?California, it turns out, is a great place to retire. Not because of the cost …
time to discharge judgment
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. …
San Francisco Bay Area
Do I qualify for bankruptcy in the Bay Area?The higher-than-average wages in the Bay Area don’t disqualify you from bankruptcy, despite rampant misinformation …
bankruptcy trap
Do It Yourself Bankruptcy Software Is A TrapGood intentions and a good education are apparently not enough for Upsolve to get the …
How bankruptcy grubstake exemption works
Do You Get The Bankruptcy Grubstake Exemption?The word grubstake never appears in the Bankruptcy Code or the California Code of Civil …
refinance after bankruptcy
Do You Need To Reaffirm Your Home Loan After Bankruptcy?Banks, most especially Wells Fargo, seem to relish denying refinance applications for debtors who didn’t …
retirement contributions
Does Bankruptcy Bar Retirement Savings?Ongoing retirement saving by Chapter 13 debtors has been a touchy subject since the means …
debt discharged in bankruptcy
Does Debt Discharged In Bankruptcy Stay Gone Forever?Can debt bankruptcy in bankruptcy come back to haunt me? Worried clients ask me this …
Does Filing Bankruptcy Ruin My Credit For 7 YearsWill filing bankruptcy ruin my credit for seven years? I heard this again from a …
Can I ever buy a home again?
Does Foreclosure Forever Keep Me From HomeownershipIf I lose this house, will I ever be able to buy a house again? …
Liability of community property in California
Does Marriage Make Me Liable For My Spouse’s DebtsCountless times, a client announces that he won’t marry the love of his life until …
find local bankruptcy lawyer
Does My Bankruptcy Lawyer Need To Be From My City?If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta …
discharge violation
Does THIS Violate My Bankruptcy Discharge?When creditors contact you after your bankruptcy, you need to know what actions violate the …
incorporate business
Does Your Corporation Really Protect You From Debt: A ChecklistBusiness people usually incorporate their business to create a barrier between themselves and the debts …
Doing The Means Test Yourself
Doing The Means Test YourselfPosts on internet bankruptcy boards feature individuals who have “filled out the means test” and …
saving spending
Don’t Brag About What You Saved Unless It’s TrueIt’s a mark of our consumer economy that we use the word save in connection …
lender home insurance
Don’t Fall For Your Mortgage Lender’s InsuranceIf the mortgage company provides your property insurance, you are not in good hands. No …
wait to file bankruptcy
Don’t File Bankruptcy In DecemberBankruptcy can provide tax relief,  if your timing is right. Tax troubles are at the …
car buyers get fleeced
Don’t Get Fleeced At The Car Dealership: Tips On Buying A CarGetting fleeced at the car dealership is all too common. The ways to get taken, …
SFR taxes
Don’t Let The IRS File A Return For You  Bankruptcy works lots of magic with tax debt, but the magic fizzles out when …
Don't Let Your Bank Pick Your Pocket
Don’t Let Your Bank Pick Your PocketThe right of your bank to take your money when you aren’t looking stops at your credit …
mortgage servicer
Don’t Trust Anything Your Lender Says On The PhoneDon’t trust the loan servicer for a moment, was my advice to the client who …
Donald Trumpets:  I Didn't File Bankruptcy
Donald Trumpets: I Didn’t File BankruptcyAs much as it pains me to say, Donald Trump was doubly right about filing …
double dip retirement
Double Dipping On Retirement SavingsAny time you can double your retirement savings and protect your money from creditors is …
flickr https://goo.gl/CiIjzz
Drive-in bankruptcy?We got a call about three o’clock the other afternoon from someone who wanted to …
dealing with debt
Dumbest Thing For Those In DebtThe headline was compelling:  The 5 Dumbest Things You Can Do If You Have Too …
Earthquake In California Law Of Community Property And TitleThe ground has shifted under California real property law. The change looms as large as a …
condominium
Easy Ways To Avoid HOA Fees After Bankruptcy  After a bankruptcy discharge, your ongoing liability to your home owners association lives on. …
Ending the debit card gotchaBanks and credit unions collected nearly $24 billion last year in overdraft fees, the majority …
Highly paid and bankrupt
Even The Rich & Famous File BankruptcyESPN tweeted the names of some 60 professional athletes who have filed bankruptcy and asked …
mortgage payments jump
Explaining The Increase In Monthly Mortgage Payments On Long Established LoansWhy has my mortgage payment increased so much? That’s the question I’m getting from lots …
stop foreclosure
Facing Foreclosure, You Need A Plan BBankruptcy stops foreclosures, with certainty. It’s the surefire defense to a scheduled foreclosure sale. Then …
Facing Foreclosure? Your Kids Can Cope
Facing Foreclosure? Your Kids Can CopeI talk with clients about walking away from underwater houses day after day. * The  mortgage payments …
Falling rents make walking away cheaperThose who elect to let their house go to foreclosure will find renting cheaper even …
family lawyer in bankruptcy
Family Lawyer’s Cheat Sheet to BankruptcyHere, in a nutshell, are bankruptcy basics for family lawyers. This isn’t everything you need …
filing bankruptcy
Fear keeps folks from bankruptcy reliefThose who aren’t living the American dream of upward mobility and financial security seem to …
debt following
Fear of Bankruptcy MisplacedFear follows debt, like a shadow follows you. People in debt are afraid of the …
save house
Feds Offer Deferral Option For Home Mortgage PaymentsHomeowners with federally backed mortgage loans got a lifeline for payments skipped under COVID 19 …
File Bankruptcy Without Your Spouse
File Bankruptcy All Alone: No Spouse RequiredWe’re so used to thinking about married folk as a couple, rather than as two …
File bankruptcy tomorrow?
File bankruptcy tomorrow?Clients clearly have little sense of how long it takes to file bankruptcy. Proof is …
File Your Tax Return Or Get An Extension?Filing a tax return does not focus a spotlight on you. Really. I regularly see …
Filing Bankruptcy Is All About Your Future
Filing Bankruptcy Is All About Your FutureThe decision to file bankruptcy is usually driven by threats from creditors to take something from …
Financial education program worthwhileStand by:  I’m going to say something nice about BAPCPA, the bankruptcy “reform” law of …
financial literacy building blocks
Financial Fundamentals: Credit v. DebitJust because it’s plastic, doesn’t mean it’s a credit card. Yet when I ask my …
out of work
Financial Lessons From Furloughed Federal WorkersThe plight of workers going without pay because of the government shut down looms over …
financial literacy building blocks
Financial Literacy Building Block: Compound Interest    Albert Einstein said compound interest is the 8th wonder of the world. Those …
Financial Literacy: Politics May Make It A Matter Of Life Or DeathRep. Ryan’s proposal that Medicare be replaced with a voucher system for elders to buy …
Financial products sold to the unsophisticatedQuick:  how is a small Tennessee town like a California family facing foreclosure?  The New …
Financial worries can make you fatI wrote earlier that stress is a real and serious threat to physical health that …
Find The Best Bankruptcy Information Online
Find The Best Bankruptcy Information OnlineNeed to understand bankruptcy?  Just Google it. No issue is too important or complicated that …
MORTAGE INTEREST DEDUCTION
Find The Hidden Mortgage Interest Tax Deduction In BankruptcyIs your Chapter 13 plan  paying back mortgage payments that were delinquent when you filed …
missing mortgage interest
Find The Lost Tax Deduction When Lender Misreports Mortgage Interest PaidHow can you pay thousands of dollars in mortgage payments in a year, and get a …
get out of debt
Find The Right Cure for Your Debt ProblemsGet-out-of-debt advice and sales pitches abound. Like this one. But too few get-out-of-debt gurus tell …
tax tips
Five Tax Tips For Two CentsThe tax filing deadline approaches. So why is a bankruptcy lawyer talking about taxes? I’ve …
Five Ways To Bankruptcy Proof Your Divorce
Five Ways To Bankruptcy Proof Your DivorceNo matter how prejudicial or unfair, a Chapter 13 discharge will relieve a former spouse of obligations …
mortgage mess
Fix Mortgage Troubles After Chapter 13The mortgage servicer took less than 30 days to change its story, big time. In …
Foreclosure And The Tax That Follows: What You Must Know
Foreclosure And The Tax That Follows: What You Must KnowThe homeowner did the right thing:  faced with the threat of foreclosure, he called his …
Foreclosure Looms But The Bank's Numbers Don't Add Up
Foreclosure Looms But The Bank’s Numbers Don’t Add UpThe bank wants to foreclose on my client’s home. They claim he’s months behind. Only …
Foreclosure the day after tomorrowThe email said: ” We saw you two months ago about bankruptcy.  The foreclosure is …
Foreclosure: The Unseen Hazards
Foreclosure: The Unseen HazardsIt’s not the foreclosing creditor that really threaten California homeowners. It’s the forces that follow …
Forgiveness Starts At Home
Forgiveness Starts At HomeThe need for forgiveness in bankruptcy extends beyond forgiving debts. Self-care requires that you forgive …
Four Essential Habits For Successful Entreprenuership
Four Essential Habits For Successful EntreprenuershipStarting out in business for yourself?  Congratulations. Small business, and businesses that were once small, form …
free bankruptcy consultation
Free Bankruptcy Advice: 5 Reasons Why I’m Not FreeThere’s no free bankruptcy advice in my office.  Unlike many, we charge for that initial …
Free Bankruptcy Advice: Consider The Source
Free Bankruptcy Advice: Consider The SourceWho gets their legal advice from their adversary? My client did. Get your legal advice …
Free Expert Help With Your Bay Area Home Loan Modification
Free Expert Help With Your Bay Area Home Loan ModificationApplying for a mortgage modification is equal parts torture and miracle drug. It can mean the …
Free Retirement Advice By Professional Advisor Comes Up One Tool ShortThe 65 year old woman featured in the newspaper’s Money Makeover series got a  free …
free tax preparation
Free Tax Preparation Offered In Bay AreaHouseholds with an annual income of $54,000 or less can have their tax returns prepared …
Get A Bankruptcy Discharge Even Without Making All Your Payments
Get A Bankruptcy Discharge Even Without Making All Your PaymentsYou can get a Chapter 13 discharge even  without making all the plan payments you promised. …
wheels after bankruptcy
Get A Deal On Your Car After BankruptcyHow are you going to keep your car after you file Chapter 7 bankruptcy? Here …
magic bankruptcy discharge
Get A Voodoo Discharge Without Filing BankruptcyOne of the great mysteries of debtor/creditor law is the community property discharge in bankruptcy. …
free credit report band
Get Annual Credit Report For FreeWhen is FREE not FREE? In a world seemingly driven in all matters by credit …
Get Out From Under Student Loans In Half The TimeWork full time for a governmental agency or non-profit, and you can discharge your federal …
Get real information about what's happening with your mortgage loan payments
Get real information about what’s happening with your mortgage loan paymentsWhat have they been doing with my mortgage payments? The client has been making a mortgage payment …
save refund
Get The IRS To Feed Your SavingsLucky enough to get a tax refund this year? Then celebrate America Saves week by …
loan modification battles
Getting A Loan Modification Is Only Half The FightLoan modification troubles persist, long after the loan modification. For all of you who stressed, …
Getting Excused From Bankruptcy's Means Test
Getting Excused From Bankruptcy’s Means TestYou can get a pass on the means test without claiming your dog ate your …
Getting Rid Of Junior Home Liens In Bankruptcy
Getting Rid Of Junior Home Liens In BankruptcyOne of Chapter 13’s superpowers is its ability to strip off  mortgage liens on a …
share at Thanksgiving
Give More Than ThanksEver feel the disconnect between buying your groceries for the Thanksgiving meal, then dropping some loose …
Glimmer of Hope For Change In Student Loan DischargeabilityA small opening in the legal barrier to discharging student loans in bankruptcy has appeared …
bankruptcy hearing
Going To Court In Your Bankruptcy CaseEvery bankruptcy debtor must go to court in their bankruptcy case. It’s usually the first …
Google & MeGoogle and BankruptcyInBrief share a birthday, I’ve learned. I’m sure you saw the similarities in a flash. The …
insolvent for tax purposes
Got A 1099? How To Avoid Paying More TaxOne of life’s persistent gotcha’s is the tax consequence of having debt forgiven. Did you …
Guide to Exemptions in a Mobile WorldThe “new” bankruptcy law set out to make bankruptcy complex and laden with booby traps, …
Guilt & fear used to keep homeowners payingSusanne Robicsek’s post on the futility of keeping a home through bankruptcy brought to mind …
Hard times nurture get rich quick schemesIn the 15 mile drive to bankruptcy court yesterday, the radio had two doom and …
social security scam
Has Your Social Security Number Been Suspended?The latest variety of tax scam picked the wrong target when they called my fellow …
reverse mortgage
Hidden Dangers In Tapping The Reverse Mortgage PiggybankActor Fred Thompson used to appear on my Sunday morning news program every week touting …
High Income Earners Pass Bankruptcy's Means Test
High Income Earners Pass Bankruptcy’s Means TestALERT:   Being above the median income on the means test is not an automatic bar …
tax returns
Highlighted Tax Tips For Final Week To File ReturnsWe talk a lot about taxes here on the Soapbox.  That may seem a strange …
considering bankruptcy
Hold Or Fold? How To Decide If Filing Bankruptcy Is Right For YouYou’ve got to know when to hold ’em, know when to fold ’em; know when …
mortgage forbearance
Home Mortgage Forbearance: Will It Save Your Home From Pandemic?Mortgage forbearance for homeowners, shout the headlines.  No need to make a house payment. Borrowers …
Homeowner Beats Loan Servicer On Foreclosure Appeal
Homeowner Beats Loan Servicer On Foreclosure AppealCalifornia appeals court  slaps down servicer’s attempt to require payment of the entire mortgage loan a …
California homestead law
Homestead Law Little Protection For California SeniorsHome equity makes up most of the net worth of California seniors. Most are house …
save house
How 13 Works To Save Your House From ForeclosureSaving a house from foreclosure is the single reason most people file bankruptcy. Bankruptcy stops …
How A Careless Bankruptcy Can Bite Your Family
How A Careless Bankruptcy Can Bite Your FamilyYour bankruptcy can affect your family even though they haven’t filed bankruptcy. Transfer assets or …
How Avoiding Probate Ended Up In Bankruptcy
How Avoiding Probate Ended Up In BankruptcyDo it yourself seems so industrious and self reliant. And we’ve been bombarded with books, …
How Chapter 13 Cuts Car Loan Down To Size
How Chapter 13 Cuts Car Loan Down To SizeCar lenders who make new car loans with an underwater trade-in will face the music in …
chapter 13
How Chapter 13 Saves You MoneyWhy should I file Chapter 13  if I have to pay all my creditors in …
tax changes litigants
How Consumer Remedies Were Gutted By Little- Noticed Tax Code ChangesTax code changes effective in 2018 inflicted a crippling blow to consumers who must sue …
How Creditors Spread Fear Of Bankruptcy For Profit
How Creditors Spread Fear Of Bankruptcy For Profit  The unknown is often fearful. My colleague Peter Orville wrote It is natural to …
How Does Your Household Budget Measure Up?
How Does Your Household Budget Measure Up?The living expenses your paycheck has to cover go on and on. Each dollar is stretched; …
How Filing Bankruptcy Can Benefits Your Heirs
How Filing Bankruptcy Can Benefits Your HeirsElders in California enjoy enhanced state exemptions that protect them from debt collectors. Those protections …
settlement tax
How Guarantors Can Escape Tax On Soured DebtTax lawyer Bill Purdy and I shared a client with a small interest in a …
How Long Does Bankruptcy Take?
How Long Does Bankruptcy Take?Every client filing bankruptcy asks that question: how long will bankruptcy take? Probably, the real …
How long for California foreclosureThe time between a notice of default on a mortgage loan and foreclosure now averages …
time til foreclosure
How Long Til Foreclosure?Everyone who has made the painful decision to let an unaffordable house go to foreclosure …
collection calls
How Many Collection Calls Is Too ManyThe CFPB has answered the burning question of how many collection calls is too many. …
chapter 13 payment
How Much Is My Chapter 13 PaymentIntrigued by Chapter 13, but worried about how much your Chapter 13 payment might be? …
How Much Should You Pay To Get Out Of Debt?
How Much Should You Pay To Get Out Of Debt?Shop for a bankruptcy lawyer, and you’ll end up wondering what bankruptcy should cost. When …
debt settlement
How One Family Settled Huge Debt For PenniesWhen he started the Chapter 13 trek, he owed $370,000 in personal loans and credit …
How Rising Home Values May Threaten Your Long Term Finances
How Rising Home Values May Threaten Your Long Term FinancesThe news on the San Francisco Peninsula is echoing reports of rising home values. That …
How Their Telephone Can Ruin Elders
How Their Telephone Can Ruin EldersThe elderly couple was suddenly in financial trouble. The two mortgages on their home were …
debts to pay
How To Exclude A Debt From Your Bankruptcy DischargeSome debts  you may want to carve out of your bankruptcy discharge.  Debts that for …
erroneous tax form1099
How to fight back against EDD’s Form 1099GBy William Purdy Got an EDD tax form 1099G but no benefits? At this moment, …
get bankruptcy papers
How to get copies of your bankruptcy papersWhen you need to get copies of your bankruptcy papers, there’s a long line of …
paying for bankruptcy
How To Pay For Bankruptcy When You’re Flat BrokeOne of the cosmic ironies of our legal system is that it costs money to …
interview a bankruptcy lawyer
How To Pick A Bankruptcy LawyerHow do you pick a bankruptcy lawyer when you’ve never hired any lawyer and never …
California homestead
How To Save Your House After Filing BankruptcySaving your house from foreclosure ranks high on the list of reasons people file Chapter …
How to Screw Up Your Bankruptcy
How to Screw Up Your BankruptcyTransferring assets to others on the eve of bankruptcy is the single, easiest way to …
checks float before bankruptcy
How To Spend Money Before Filing BankruptcyTrying to spend down cash before filing bankruptcy? It’s time to talk about the float. …
How To Spot A Fake IRS Officer
How To Spot A Fake IRS OfficerIdentity thieves are now posing as “helpful” folks from the IRS. These scammers email you …
tax penalties
How To Wipe Out Tax Penalties In BankruptcyTax penalties seem like a further insult when you’re having trouble paying the tax itself. …
writing your own contract
How To Write A Contract Without A Lawyer & Make It StickEven in a world where people attempt almost any skilled task with the help of Google, YouTube, …
provide for retirement
How Will Bankruptcy Filers Retire?  Contributions to 401(k) retirement  plans during a Chapter 13 are not forbidden, as claimed …
sue debt collectors
How You Can Collect From The Debt CollectorsI team up with consumer lawyer Mike Cardoza to identify your rights against debt collectors …
co owned property
How Your Property Gets Sold In Your Partner’s BankruptcyIt isn’t just marriage that can get you roped in to a bankruptcy case that …
Hunger In The Golden StateCalifornians go hungry while we ship tax dollars to Washington. This isn’t a rant about …
tax after bankruptcy
If The IRS Comes Calling After Your Bankruptcy DischargeIt’s scary, or infuriating, when the IRS continues to try to collect taxes discharged in …
car payments coronavirus
If You Can’t Make Your Car Payment During The Virus Shutdown  How am I going to keep my wheels while the coronavirus looms? The fight …
ignore lawsuit
Ignoring a Lawsuit Against You Is Seldom Ends WellHow do you ignore a lawsuit and expect a good outcome? Yet twice in the …
Immigrants and bankruptcy disclosureThe culture you grow up in shapes your views of truth telling, business ethics and …
In Debt? Plan For Holidays And A Better New Year
In Debt? Plan For Holidays And A Better New YearThe countdown to the holidays is on. It’s after the holidays that the desire to …
include debts
Inclusion in Bankruptcy Doesn’t Equal “Discharged”Convincing clients that all of their debts must be included in bankruptcy is one of the …
business bankruptcy
Incorporating A Troubled Business: Work-around Or Worse?Facets on a gem bend light and change how we see things. The same thing …
incorporation protects
Incorporating Your Business Has Surprise BenefitIncorporate to protect yourself from the debts of your  business, shriek the ads. That’s the …
Incorrect credit reports can coerce payment of discharged debtJay Fleischman discusses whether the failure to correct a credit report after a bankruptcy discharge …
mortgage protections
Inherited Homes Now Come With Full Measure Of Consumer RightsHalf a loaf is what you too often got when you weren’t the original borrower …
Interest rate truth below banker’s blusterCarmen Dellutri looked at the effect of the mortgage modification bill in Congress and the …
taxes COVID-19
IRS Pandemic Relief in Taxing TimesIn normal times, this would be tax season. Not this year; these aren’t normal times. …
IRS Shakedown Happening In Bankruptcy Court
IRS Shakedown Happening In Bankruptcy CourtThe latest IRS scam is happening in bankruptcy, out in the open. Now usually when …
IRS warns of credit counseling fraudThe IRS’s list of its annual “Dirty Dozen” tax frauds includes credit counseling. Credit Counseling …
Is A Free Bankruptcy Consultation Worth It?
Is A Free Bankruptcy Consultation Worth It?No matter how much they’ve spent on other stuff, those shopping for a bankruptcy lawyer …
thinking of filing bankruptcy
Is Bankruptcy In Your Future?Tough economic times make us think about escape by filing bankruptcy. Bankruptcy offers a straight …
Is defaulting on mortgage immoral?Falling home prices have lead to a surge of strategic defaulters, in real estate columnist …
Home as retirement savings
Is Home Equity A Substitute For Retirement SavingsMy home is my retirement plan. If I had a dollar for every time a …
file bankruptcy`
Is It Too Late For Bankruptcy?Worried that it’s too late to file bankruptcy? You’ve put off considering bankruptcy, hoping to …
frequently asked questions
Is There Life After Bankruptcy?Is bankruptcy worth it? If you see filing bankruptcy to get a fresh start as …
Is Your Choice Of Bankruptcy Chapters Really Dictated By Your Stuff?
Is Your Choice Of Bankruptcy Chapters Really Dictated By Your Stuff?Through my Twitter feed came a link to the pro’s and con’s of filing bankruptcy …
It feels like a professionToo often, practicing bankruptcy law feels pretty unrewarding. The money is poor, the clients often …
It’s all in your point of viewA newly appointed judge said the nicest thing in his new career was not having …
It's Who You Owe In Bankruptcy
It’s Who You Owe In BankruptcyWHO to list in your bankruptcy case is a question I hear lots. My response: …
J K Harris settles with California over misleading adsCalifornia was one of 18 states who sued the tax settlement firm JKHarris for selling …
Jailed for debt
Jailed For Debt In The USA?Worried about being arrested and jailed for not paying your bills? A surprising number of …
Judicial review of debtor’s attorneys feesAt a hearing on the approval of my attorneys fees in a Chapter 13 case, …
Katrina as a model for debtorsThe enormous devastation wrought by Katrina has prompted a push to delay implementation of the …
Keep the house? Deflector shields upLogic and reality have been bouncing off my clients’ deflector shields recently on the issue …
Bankruptcy and your tax return
Keep Your Tax Refund Despite Filing BankruptcyUsually, we’re touting pre bankruptcy planning:  know what’s exempt, what debts will survive bankruptcy, and …
keep tax refund
Keep Your Tax Refund Through Your BankruptcyFor most of us, finding out that we are getting a sizable tax refund is …
Know What You Really Owe: Your Mortgage Loan Rights
Know What You Really Owe: Your Mortgage Loan RightsYou’ve got a lot to keep an eye on. You probably regularly check Your blood …
Laboring Over Bankruptcy Papers
Laboring Over Bankruptcy PapersWhy is filing bankruptcy so much work? Paper.  Statements. Tax returns.  Car contracts.  Pay stubs. …
house at risk
Last Call For Loan Modifications Under HAMPIf your house is teetering on the edge of foreclosure, the time to act has …
tax break
Last Minute Tax Break For Distressed Homeowners  Days before the end of the tax year, the massive tax bill changed the …
Lawyers ask “How does bankruptcy work?”The good folks at the Collaborative Law gathering yesterday had the same questions that their …
interest-only loans
Legacy of the Mortgage Lending Frenzy ReturnsJust when I thought that most of the pain from the mortgage lending bubble of …
Lenders slow to act following relief from stayThe automatic stay is the hallmark of bankruptcy, so when the judge lifts the stay …
Liar loans and those that sold themA bankruptcy court in Oakland recently rebuffed a mortgage lender who claimed it had been …
Lien Stripping Works Without A Bankruptcy Discharge
Lien Stripping Works Without A Bankruptcy DischargeThe waiting and uncertainty is over.  The judges have decided. Chapter 13 debtors can void …
Bankruptcy's Chapter 20
Lien Strips Live in Chapter 20Twenty is my favorite number these days. The Oakland bankruptcy judges have ruled consistent with …
life after bankruptcy
Life After Bankruptcy: What’s It Really Like?What’s life really like after bankruptcy? Everyone suffering through financial difficulties wants to know whether …
statute of limitations on debt
Life And Death of Debt In CaliforniaCPR has its place when human life is involved. Human life is precious. But when …
Lingering effect of allowed claim in bankruptcyMy colleague at the Bankruptcy Law Network Karen Oakes talks about some reasons a debtor …
bankruptcy disclosure
List It Or Lose It: Why It’s Critical To Tell AllIt is vital to include everything in your bankruptcy list of assets. Transparency is the …
consumer bankruptcy
Little Guys, Big Banks, And The Quest For Change  I didn’t expect insight on our national political upheaval at a bar association holiday …
Little Time To Spare When Served With A California Lawsuit
Little Time To Spare When Served With A California LawsuitBeing served with papers in a California collection suit doesn’t generally help your critical thinking process. …
Living in the Valley of the Shadow of DebtNearly 40% of California homeowners spend more than the target 30% of their income on …
Loan hype debases the languageMy blood boils when I read tripe like this pitch from a lender promoting a …
Loan Modification Excuses No Longer Good With Courts
Loan Modification Excuses No Longer Good With Courts    Some excuses never seem to wear out. There seems to be no limit …
Loan modification resourcesThe good folks at the National Consumer Law Center have put together a page of …
loan payoff
Loan Modification: The $100,000 Mistake    The job of a mortgage servicer is to collect loan payments and keep track …
arbitration agreements
Locked Out Of Court: The Not-So-Fine-Print Arbitration ClauseEquifax and the CFPB have teamed up, sort of, to focus attention on consumer rights …
silent mortgages
Long Silent Second Mortgages: The Worrisome TruthLike a sleeping bear, long-silent second mortgages hibernate in people’s houses these days.  They are …
Looming California foreclosure doesn’t require bankruptcyCalifornia has several laws that limit what a mortgage lender can do to collect its …
Lost Homes, Cut Off Creditors & Whack A MoleThose who lost homes in the Great Recession may not be home free yet. Two …
mortgage maze
Make Sure Your Mortgage Is Current At Bankruptcy’s EndWhat do you really owe on your home mortgage when you get to the end …
retirement regulation
Making Retirement Saving More ExpensiveCongress has taken the first step to bar states from sponsoring inexpensive retirement plans for …
Marital Separation Doesn't Require Two Homes
Marital Separation Doesn’t Require Two HomesSplit the sheets in California, and your wages are no longer community property. That’s because property acquired …
Means Test & Taxes:  Look Backward Or Forward
Means Test & Taxes: Look Backward Or ForwardOne of the mysteries of the universe (well, sorta) was answered for me by my …
means test
Means Test As Three Dimensional ChessMeans test issues in bankruptcy extend far beyond how much income you have. The allowable …
bankruptcy means test trick
Means Test Cheat Sheet 2: Taxes In BankruptcyIf the most useful trick for beating the means test involves projecting health care expenses, …
Means Test Not Sole Measure Of Bankruptcy AbuseTwo appeals courts hold that a bankruptcy judge may dismiss a Chapter 7 case based …
Means test: don’t try this at homeBe an educated client, but don’t tell me how to do the means test!  For …
Medical bankruptcies not obviousOn the surface, my initial consult had a tax problem: years of unpaid income taxes.  …
Melania Trump Sold The American Dream Short
Melania Trump Sold The American Dream ShortThe infamous Melania Trump speech at the Republican convention shared more than a paragraph or …
Miracles Possible in Mortgage Mess
Miracles Possible in Mortgage MessINVOKE THE SECOND DIVINE MIRACLE OF THE VANISHING EQUITY Why Many Homeowners Need to Run,  …
Misuse of Credit ScoresI try to dissuade clients from fixation on their credit score as a measure of …
Mix Old Debts & Good Faith Payments  For Bad Results
Mix Old Debts & Good Faith Payments For Bad ResultsOld debts don’t live forever. The shell of the debt may hang around, like this mummy, but …
Money management and the things we “deserve”American Express radio commercials are touting a women’s money group, The Smart Cookies, who, we’re …
Money Troubles Plague My Vacation
Money Troubles Plague My VacationI needed a vacation, badly. After a long year launching Money Health Central, practicing bankruptcy …
help with home mortgage
More Californians Eligible For Expanded Pandemic Mortgage Relief GrantsGrants from California’s mortgage relief fund are now available to cover delinquent property taxes and …
More seniors file bankruptcyThe elderly are a growing percentage of bankruptcy filers. The reasons are myriad: health care …
Mortgage bankers lobby for status quoI feel like I’ve found  my new website’s reverse image:  meet the evil twin of …
escrowed taxes forbearance
Mortgage Forbearance And The Hidden Gotcha: EscrowGot a mortgage forbearance? Seems like a relief. But watch out for the normally escrowed …
Covid 19 home loan forbearance
Mortgage Forbearance For Non-government Backed LoansAre you one of the homeowners whose mortgage isn’t eligible for the government’s COVID forbearance …
old mortgage defaults
Mortgage Lenders Stop Lurking And Start Foreclosing  I’m re-upping this post from nearly two years ago because I’ve seen a surge …
Mortgage mess and artificial value of real estateAs each week brings a new wave of clients who have mortgages they can’t afford …
Mortgage Modification and Moral HazardThe NBC Sunday morning new shows  were again talking about moral hazard as applied to …
Mortgage modification as subsidy by taxpayersThe bankruptcy mortgage modification provision, headed to the Senate this week, is a bargain to …
Mortgage modification bill returns to CongressA bipartisan group of Representatives is planning to offer an amendment to the Wall Street …
Mortgage modification in a declining marketI’m giddy at the prospect of modifying mortgages in Chapter 13 as an alternative to …
mortgage in pandemic
Mortgage Payments During California Shelter-in-PlaceIs my house at risk if I have no income due to coronavirus? With economic …
Mortgage Servicers Lie To Homeowners-Try That With A JudgeYou were right:  no institution could lose that much paper. Otherwise, there would be a …
Muttering about the means testThe stupidity of the means test as a metering device in bankruptcy was apparent as …
My 7 Favorite Soapbox Posts Of 2014I tallied the readership’s favorite posts of the year and found the list far different …
Soapbox favorites of 2017
My Wildly Biased Choices For Best Posts Of 2017Readers got their say earlier when I showcased the 10 most popular new posts on …
business credit card
Myth Of The Corporate Credit CardAs far as myths go, the myth of the business credit card ranks right up …
Negotiate to the last minute at your perilThe would be client had millions of dollars of equity in the house at stake, …
New Bankruptcy Trends From An Old HandI’m seeing a real change in the people seeing me about filing bankruptcy. Used to …
california exemptions
New California Bankruptcy ExemptionsCalifornians filing bankruptcy got some new exemptions to protect their assets on January 1, 2023. …
california homestead
New California Homestead In ActionThe California homestead increase effective January, 2021 brings the homestead closer into line with the …
New California law protects sellers in short salesEffective January 1, 2011, a lender who approves a short sale of California residential property …
New Tool For Homeowners Against Mortgage Lender Mistakes  Pstt! Homeowners.  Bankruptcy Lawyers. We’ve been handed a new tool for dealing with problems …
No Discharge Chapter 13 Effective To Strip Lien
No Discharge Chapter 13 Effective To Strip LienThe wait is over; the decision is in. Homeowners in the 9th Circuit can strip …
No Foreclosure If Loan Modification In Process
No Foreclosure If Loan Modification In ProcessThe cruelest trick played on homeowners trying to modify their mortgage was dual tracking. One …
Chapter 13 alarm
No House, No Discharge When Chapter 13 Goes Off ScriptSound the alarm. Chapter 13 bankruptcy cases are getting tossed out when debtors fail to …
law has teeth
No More Lawsuits On Old Debt In CaliforniaCalifornia law on debt collection finally has teeth. Under new California law, a creditor must …
No More Repossession Threat If Exemption Bill Passes
No More Repossession Threat If Exemption Bill PassesWhat Congress took away ten years ago, the California legislature may give back if SB …
No Recourse for Junior Lien in Short Sale
No Recourse for Junior Lien in Short SaleJunior lenders who consent to a short sale of underwater homes are barred from seeking …
filing bankruptcy
No Rush To File BankruptcyWhen the virus steals your income, it’s easy to be overwhelmed with unpaid bills and …
Strip mortgage liens
Not Too Late To Strip Mortgage LienIt’s never too late to value a lien and avoid it in bankruptcy. Even after …
time til foreclosure
Oakland Bankruptcy Judge Upheld At 9th CircuitRuling against the California Franchise Tax Board, the 9th Circuit upheld Oakland bankruptcy judge Edward …
ocwen California settlement
Ocwen To Pay California Homeowners For Servicing Shortcomings  Ocwen , the mortgage servicing giant will pay $20 million in settlement with California …
Old Tax Liability Discharged In Bankruptcy, If....
Old Tax Liability Discharged In Bankruptcy, If….Discharging tax debt in bankruptcy gets lots of families out of a horrible hole. Tax …
On foreclosure and procrastinationAt least three homeowners called my office this week with a foreclosure sale set in …
One Year of “Reform”The Bankruptcy Abuse Prevention and Consumer Protection Act became effective little more than a year …
Selling pointless bankruptcy counseling
Only Sex Appeal and the U.S. Congress Can Sell These Services  Russell A. DeMott is a friend of mine and  a Charleston, South Carolina bankruptcy …
bankruptcy is heroic
Ordinary Heroes Deliver Second Chances With BankruptcyGuest author Bob Schuman on the good that bankruptcy does. I’m a mortgage broker. In …
add creditor
Out of Luck If You Skip A Creditor?So, you slipped up and left a creditor out of your bankruptcy schedules.  Can you …
Parking lots presage future of bankruptcy businessThe availability of parking at the BART (light rail) station has been my measure of …
Pay Down Debt Or Save?  Which Should Come First
Pay Down Debt Or Save? Which Should Come FirstPay off debt first or start saving now? It’s a debate almost as convoluted as which came …
discharged debt
Pay No Tax On Debt Discharged In BankruptcyDebt discharged in bankruptcy is tax free, even if you get a 1099 claiming otherwise. …
Pay Off Credit Cards At Zero Percent
Pay Off Credit Cards At Zero PercentI’ve got news for you: There’s a government program that lets you pay the balance on …
Pay Off Credit Cards Without Interest And Be Debt Free
Pay Off Credit Cards Without Interest And Be Debt FreeThe  sixtyish client sitting in my office had assets worth 10 times his credit card …
chapter 13 rescue
Pay Off Credit Cards Without Interest: Bankruptcy For The SolventOnce again, Chapter 13 rescued a client. He’ll get out of debt and pay off credit …
Pay Or Go To Jail Tops IRS List Of Tax Scams
Pay Or Go To Jail Tops IRS List Of Tax ScamsThe phone caller recites his IRS badge number. Then he demands immediate payment of “overdue taxes” …
jailed for debt-not
Pay Your Debts Or Go To Jail?What would you do if you got a tip there was an arrest warrant out …
Peddling economic serfdom to our kidsThe high cost of higher education and the non dischargeable nature of student loans have …
business debts
Personal Assets Can Be At Risk For Your Business DebtsBusiness debt can bleed over into an entrepreneur’s personal assets.  Hearing me say that, my …
Personal money management is complicatedMy newest colleague in the Bankruptcy Law Network, Adrian Lapas, discussed the critical importance of …
Perversity run amokThe clients in financial trouble couldn’t get the attention of their mortgage lender about the …
Planning For Bankruptcy: Keep Your Tax Refund
Planning For Bankruptcy: Keep Your Tax RefundGetting a tax refund check from the government is usually a great thing. Or at …
Plastic in the Life of our SocietyIn the flurry before the effective date of BAPCPA, the bankruptcy “deform” act, I encountered …
Preserving a Small Business through BankruptcyChip Parker and I have been writing about bankruptcy issues for the self employed over …
EQUIFAX data breach
Protect Your Credit After Equifax Security BreachHalf the US population may be affected by the hacking of credit reporting agency Equifax. …
Equifax data theft
Protect Yourself From The Equifax Breach In 4 StepsI started picking the brain of my friend attorney Mike Cardoza about all of the …
cosigned loans
Protecting Your Co signor When You Can’t PayCosigning a loan links you and your cosignor together for the life of the debt. …
Rant on realtorsOr maybe this is just a continuing, disappointed sigh that this group, who tries to …
reaffirmation loss
Reaffirm Your Car Loan: The Bankruptcy Fight You Hope To LoseIt isn’t often I go into bankruptcy court, hoping to lose. But when the issue …
Real world impact of SternbergBankruptcy practitioners were dismayed by the 9th Circuit’s decision in Sternberg which parsed the provisions …
tax bite
Reduce Your Tax Hit By Filing Bankruptcy Rather Than Settling DebtsSettle your debts outside of bankruptcy and you may be bitten by taxes you didn’t …
Required financial management education: BAPCPA’s one good thingOnce again, a client told me that if she’d known before what she learned in …
Research bankruptcy on the internetAnd you will find a certain quantity of absolute tripe.  It’s because of sites like …
Resolve To Thrive In The New Year
Resolve To Thrive In The New YearMay I suggest a 2023 New Year’s resolution?  It doesn’t involve diets or workouts or …
Retirement contributions in Chapter 7As befits a Moran, I got my Irish up at a 341 meeting when the …
retirement nest egg
Retirement Nest Egg: Ostrich Egg Or Quail Egg?Will my retirement nest egg be enough to live comfortably when I’m done working? Living will …
Right To Support When Your Ex Files Bankruptcy
Right To Support When Your Ex Files BankruptcyOutrage is the usual reaction when a former spouse with child support or alimony files …
phoenix rising from ashes
Rising From The Ashes Of Financial DisasterLife doesn’t end with bankruptcy. Bankruptcy doesn’t mean that the good times are all in …
Same Sex Couples No Different In Bankruptcy  Same sex couples encounter financial troubles no differently than heterosexual couples. We live in …
SBA collection
SBA Loans Collectible Long Past Business FailureThe SBA has eagle eyes and sharp talons when it comes to collecting from guarantors …
computer scam
Scammers Spoof IRS To Get Your InfoTax season saw a 400% rise in fake email to taxpayers pretending to be from the …
Scofflaws Must Pay When They Violate The Stay
Scofflaws Must Pay When They Violate The StayDebtors in bankruptcy got back the right to collect all of their damages for violations …
retirement savings in bankruptcy
Second Best Reason To Contribute To Retirement Fund Even If You’re In DebtWe’re not used to applauding those who are second-best.  But I’m going to try. The …
Self Employed, But Not By Choice
Self Employed, But Not By ChoiceOne of the thorniest problems I’m confronting in the Great Recession is what advice to …
Sell first, litigate laterMeeting with a client with Truth in Lending claims the other day reminded me about …
Senators who need to hear from real people about S. 61The banking industry is swarming over Capitol Hill in an effort to gut or defeat …
Separate Finances Doesn’t Protect Spouse From Financial DisasterBy keeping separate finances, this California couple thought they had insulated the wife from the …
Short sales no boon to credit scoreWhen the house is unaffordable,  homeowners often look to a short sale or deed in …
Should I file bankruptcy: hanging on too longMy colleague Brett Weiss echoes my experience with those in financial trouble: they wait far …
Should You Keep Your Stuff After Bankruptcy?The usual question for a bankruptcy attorney is “can I keep my (fill in the blank)”. …
Should you pay the mortgage?Homeowners should be walking away from underwater houses in droves, according to the analysis of …
bankruptcy alternative
Should You Pay Your Creditors Rather Than File Bankruptcy?Is there an alternative to bankruptcy, my clients often ask. Can I realistically avoid filing …
Sign Your Corporation's Name So You Aren't On The Hook
Sign Your Corporation’s Name So You Aren’t On The HookJohn Hancock knew how to sign his name- so large that King George could read …
business credit card
Silicon Valley Horror Story: The Business Credit Card That BitI’ve long said that there is no credit card for which a real, live human …
Six Credit Card Scams You Need To SpotOne of the hazards in today’s society is becoming the victim of credit card fraud. …
Six Rotten Excuses Not To FIle
Six Rotten Excuses Not To File BankruptcyI am not a bankruptcy attorney. I never have been.  I am a mortgage law …
Six Tips For A Worry-Free Bankruptcy
Six Tips For A Worry-Free BankruptcyWhat happens after filing bankruptcy ? Your bankruptcy case is filed. After you’ve assembled all …
skip means test
Skip Bankruptcy’s Means Test    The couple was despondent when another bankruptcy attorney told them that, despite $100,000 …
Tax Myth Saddles You WIth Tax Forever
Skip Filing Your Tax Return And The Tax Lives ForeverIt’s tax season and tax myths are everywhere.  Know what the most dangerous one is? …
banks behaving badly
Sloppy Mortgage Servicers Prey On Borrowers  Given the way they behave, you’d think mortgage servicers actually flew a pirate flag …
Small businesses increasingly seek bankruptcy reliefMom and pop businesses are beginning to dominate the list of my new clients over …
Smoke, Mirrors, And Budgets: Are You Missing Where Your Money GoesBudget tricks keep lots of us from seeing where our money goes. If you don’t …
So What If Debt Collectors Are Robosigners?
So What If Debt Collectors Are Robosigners?The same issues of record keeping and proof that plague the mortgage servicing business infest …
California house underwater
So You Keep Your Home Through Bankruptcy- What Then?What happens to your home after your bankruptcy case is over? Most people who file …
Social Security Safe In Bankruptcy
Social Security Safe In BankruptcyThe Chapter 13 trustee objected to the debtors’ repayment plan because they did not plan …
bankruptcy terms
Speak Fluent Bankruptcy: Guide To Essential Bankruptcy TermsBankruptcy has its own language.  If you are considering filing bankruptcy, it helps to know …
credit report
Spot Credit Report Errors After Your Bankruptcy & Fix ThemYour debts have been discharged in Bankruptcy. Congratulations! But if those debts still appear on …
Spotting The Mean In The Means TestJust being a consumer is enough to put you on Congress’s bad side when it …
Stay At Home Doesn't Mean Get Left Behind At Retirement
Stay At Home Doesn’t Mean Get Left Behind At RetirementJust because you don’t work outside the home doesn’t mean you can live on nothing …
Staying Out Of Bankruptcy Trustee’s CrosshairsClients who want the benefits of bankruptcy without any change in the way they want …
business shutdown
Step By Step Guide To Business ShutdownThere’s lots written on how to start a business. Not so much about business shutdown. …
quarterly tax payment
Stop Making Quarterly Tax PaymentsUncle Sam expects a quarterly tax payment from the self employed.  Since you don’t get …
Stressed Families Can Take A Card From Trump Casino
Stressed Families Can Take A Card From Trump CasinoFrom our archives, but still on point: Donald Trump’s Atlantic City casino operation filed bankruptcy, …
Student loans & deciding who to payThose in a financial bind have to make hard decisions about who to pay when …
Student loans ensnare parentsShould you guarantee a student loan, asks my good friend Doug Jacobs.  His is the …
Student loans: sinking the parentsThe numbers on repayment of a student loan for four years at a private university are …
before bankruptcy
Stupid Moves Before Seeing A Bankruptcy LawyerDon’t tidy up your financial affairs before consulting a bankruptcy lawyer to plan for bankruptcy. …
Super Bankruptcy Lawyer in Mountain View
Super Bankruptcy Lawyer Spotted in Redwood CityCathy Moran was again named a Super Lawyer in Bankruptcy for Northern California in 2023 for …
Cathy Moran Super Lawyer
SuperLawyerI’ve been named a SuperLawyer among Bay Area bankruptcy lawyers. That makes 14 years running. …
Surefire Steps To Avoid Bankruptcy
Surefire Steps To Avoid BankruptcyMost people would rather parade naked down Main Street than file bankruptcy. Bankruptcy makes them feel …
tax collector
Surefire Ways To Tell Scammers From Private Tax CollectorsPrivate debt collectors are going back to work for the IRS.   You know those …
tax deductions bankruptcy
Take Credit For The Tax Deductions That Hide In Chapter 13It’s tax time: don’t overlook tax deductions in Chapter 13 bankruptcy case. Tax deductions lurk …
Take that, and that, you mortgage lenderIt was a good day at my desk, if one has to work on Saturdays. …
Taking my own advice Part ThreeI can report that the “do not contact” letter works, at least with my creditor, …
Taking my own advice Part TwoThe return receipt on my “do not contact” letter to ATT arrived at my office …
Tax breaks no place to hide public policy choicesThe US tax code is stuffed with tax breaks to further some social policy or …
tax deductions
Tax Deductions Hidden In Chapter 13Don’t miss the tax deductions hiding in your Chapter 13 bankruptcy. The same, very important …
Tax Exposure Increases Along With California ForeclosuresWarning:  we are returning to the bad, old days of home foreclosure with tax consequences …
Tax Fallout from Foreclosure & Loan ModificationIt’s bad enough when the client loses their home to foreclosure, but it’s a double …
Tax Filing Extension Invites Tax Trouble For The Self Employed
Tax Filing Extension Invites Tax Trouble For The Self EmployedWe never make tax deposits for our small business because we don’t know what we’ll …
tax form 1099
Tax Form 1099 Needs A Closer Look: Chances Are It’s Wrong  Tax attorney Bill Purdy says:  don’t take IRS form 1099 at face value. Hundreds …
Tax issues in subprime mortgage meltdownTwo tax issues popped up as I discussed impending foreclosures with a client with several …
Tax Liens Live On After Bankruptcy, Unless....
Tax Liens Live On After Bankruptcy, Unless….You mean the tax liens won’t  go away when I get a bankruptcy discharge? The …
Tax Question Roundup  Not long til tax returns are due. Time for a roundup of tax issues …
tax filing
Tax Tidbits As Filing Deadline ApproachesIf you got an extension to file your tax return, and tax filing time has …
tax tool roundup
Tax Tips & Tidbits To Pay LessTax filing deadline approaches, so I thought we’d gather up tax tips and little known …
debt settlement
Tax Trap When You Settle Debts Outside Of BankruptcyDebt settlement has a hidden tax consequences no one ever discusses. If you own a …
financial literacy building blocks
Taxes: Building Block of Financial LiteracyYou’re a first time employee.  Congratulations. Welcome to the world of tax forms, withholding, and tax deadlines. …
Teaching about MoneyJumpStart, a national coalition of financial education organizations, tested high school seniors on financial literacy: …
best bankruptcy advice
Ten Best Bankruptcy Gems In 2021What did readers want to know about bankruptcy in 2021? Turns out, a bit of …
debts after bankruptcy
Ten Debts That Follow You After BankruptcySome debts just follow you out of bankruptcy. Not many but a few. These debts …
Ten Essential Nuggets For Creditors in Bankruptcy Notice
Ten Essential Nuggets For Creditors in Bankruptcy NoticeYou’re looking at bankruptcy official form B9. It arrived in your mail because someone has filed …
Terminate Cell Phone Penalties in BankruptcyI’m accustomed to advising those on the verge of filing bankruptcy about big ticket debts like …
Thankful
ThankfulProfessionally, what’s a bankruptcy lawyer thankful for? I’m thankful for experience and a skill set …
Thankful amid hard timesAs families and well established businesses pour through my office, I remain thankful that our …
what to tell lawyer
The Bankruptcy Problem Your Lawyer Can’t FixEveryone considering bankruptcy faces the question of what to tell their lawyer. Sometimes  it’s a problem …
possessions are sold
The Biggest Lie About BankruptcyRead anything about Chapter 7 and you get, “Your possessions are sold in Chapter 7 …
why file bankruptcy
The Causes of Bankruptcy Aren’t What You ThinkThe columnist who equated debt problems with irresponsibility nearly caused me to melt down, right …
debt collector
The Collection Call That TerrifiesNothing strikes terror in someone behind on their bills like the fear that the collector …
The Difference Between Good Bankruptcy Lawyer and Great Bankruptcy Lawyer
The Difference Between Good Bankruptcy Lawyer and Great Bankruptcy LawyerFinding the right bankruptcy lawyer may be the difference between a successful bankruptcy and a …
Chapter 13 trustee
The DOJ War On Chapter 13 DebtorsWhat’s wrong with the picture when United States Trustee is offended by Chapter 13 success? …
bankruptcy advice on target
The Dozen Most Important Bankruptcy Posts Of 2016Last week, I let readers pick their favorite new bankruptcy posts from 2016 . It was …
Empty voting booths
The Dr. Seuss Secret To Laws That Actually WorkThe election  is here.  If you haven’t already, get out and vote. Put aside your …
Easy loans have consequences
The Easiest Business Loan In TownRunning a small business is hard work.   Cash flow is tight; time is in …
defending debt suit
The Essential Step To Get Your Day In CourtWhen you’re sued on an old debt, it’s easy to imagine appearing in court to …
second home
The Fate of Second Homes In BankruptcyHomestead exemptions protect a principal residence when someone files bankruptcy. But what about second homes …
The Flat Wrong 1099
The Flat Wrong 1099When her soon-to-be-ex filed bankruptcy, my client got a 1099-C for the joint credit card. …
foreclosure timeline
The Foreclosure That Was Longer Than War & PeaceForeclosure is coming.  Whether by choice or circumstances, you know the bank will take the …
The Government Loans That Bankruptcy Wipes Out
The Government Loans That Bankruptcy Wipes OutBelieve it or not, certain unsecured loans from government entities are dischargeable in bankruptcy. This …
forgotten lien
The Judgment Lien That Escaped Your BankruptcyWhat do you do when you discover old judgment liens on your home long after …
private student loan
The Killer Rule That Zaps Private Student LoansGot private student loans? I’ve got good news and bad news. Bad news first. Private Student …
who files bankruptcy
The Kind of Person Who Files BankruptcyYou’d like the person who files bankruptcy is some alien fraudster, to listen to my …
The latest debt collector violation of lawA debt  collector including the creditor itself must not contact a California debtor who it …
The Living Trust: Can You Trust It To Protect You?Today’s post comes from Los Angeles area bankruptcy lawyer Mark Markus. The Revocable Living Trust. …
The Means Test: Badly Mangled
The Means Test: Badly MangledAnother purported financial professional has confidently and conclusively gotten the bankruptcy means test absolutely dead …
retirement planning
The Most Compelling Reason To File BankruptcyShedding debt so you can save for retirement is the most compelling reason to file …
california property
The Most Costly Community Property BlunderWhat do you do when creditors from your spouse’s past threaten? Chances are your first …
The Most Important Bankruptcy Decision Of 2013  A bankruptcy case nominally about  travel trailers, ATV’s, and a car for a an adult …
debt management tool
The Most Powerful Debt Management ToolThe most powerful debt management tool isn’t a software program. It isn’t a website, nor …
The New Rules Of Asset Protection
The New Rules Of Asset ProtectionI coined a new rule about asset protection schemes after meeting with a bankruptcy prospect: …
underwater real estate
The One Fix Silicon Valley Bankruptcy Courts NeedDespite BAPCPA, the 2005 “reform” that made bankruptcy more complex and more expensive,  consumer bankruptcy …
bankruptcy tax
The One Person You Must Tell About Your BankruptcyMost people who file bankruptcy don’t want anyone else to know. Some of my clients …
parent loan
The Parent School Loan  Take a good look at the result of the parent loan for college. Tied …
The Price of Keeping the CarCar manufacturers lobbied Congress to make it harder for debtors to keep their cars through …
The Real Import of Foreclosures and False AffidavitsDue process and equal protection of the laws are the real issues at stake in …
sell stuff before bankruptcy
The Real Rules To Sell Stuff Before BankruptcyThinking about filing bankruptcy?  Need cash? Folk wisdom supplies many “rules” about the period leading …
The Real Threat To Your Retirement Savings Isn't Bankruptcy
The Real Threat To Your Retirement Savings Isn’t BankruptcyYour retirement accounts are safe from your creditors. California state law and federal bankruptcy law …
Home sales in bankruptcy
The Realtor’s Guide To Home Sales In BankruptcySooner or later, every realtor will encounter a property involved in a bankruptcy case. Or …
The Reverse Side Of The Coin: In Re Welsh
The Reverse Side Of The Coin: In Re WelshJust because debtors can keep their upscale trappings and their toys bought on credit doesn’t …
risk of business bankruptcy
The Risks Of Filing Bankruptcy For Your CorporationWhen your incorporated business fails,  the instinctive reaction is to file bankruptcy for the corporation. …
alternatives to bankruptcy
The Secret Alternative To BankruptcyLooking for the secret alternative to bankruptcy which will solve your debt problems without filing? …
The Secret Bankruptcy Discharge For Community Property
The Secret Bankruptcy Discharge For Community PropertyPsst! Let me tell you a secret about bankruptcy law. You can get 3/4 of the …
The Secret Bankruptcy Exemptions
The Secret Bankruptcy ExemptionsExemptions in bankruptcy are all about what you keep. Exemptions define the collection of assets and …
missing creditor
The Strange Rules When A Creditor Is Left Off Bankruptcy SchedulesWhat happens if you miss putting a creditor on your bankruptcy schedules?  In the bustle …
surrendering real propery
The Struggle To Surrender Underwater Real EstateHow difficult it can be to surrender real property in bankruptcy when you have no …
Money on the table
The Tax Deduction No One Tells You AboutDid you file Chapter 13 to save your house from foreclosure? Making payments to the …
suspense balance
The Thousands That Sat In Mortgage Suspense AccountSharp eyes on the part of the debtor spotted the unapplied suspense balance, and diligence …
The Tortoise Is The Mascot Of Retirement Savings
The Tortoise Is The Mascot Of Retirement SavingsEvery campaign needs a logo. Make the logo of your financial planning a turtle, rampant. …
Social Security call
The Trouble With Your Social SecurityThe caller says your Social Security file is incomplete and without more information, your assets, …
liens after bankruptcy
The Truth About Tax Liens After BankruptcyWe have a lien on your name.  Not your property, your name. That’s what the …
late tax returns
The Unexpected Loss When Tax Returns Filed LateFile your tax returns really late and you may lose out on credit for toward …
The Worst Reason To Choose Debt Settlement Over Bankruptcy
The Worst Reason To Choose Debt Settlement Over BankruptcyThe guy with an old debt asked if bankruptcy or debt settlement would cause greater damage to …
getting out of debt
Three Barriers To Getting Out Of DebtThree emotions, not reasons, keep people from filing bankruptcy and getting out of debt. While not …
Entrepreneurs
Three Cheers For EntrepreneursLet’s hear it for entrepreneurs.  Those brave, tireless people with a dream who start or …
Three Giant Banks Fail To Keep Settlement PromisesThree of the five big banks who settled charges of mortgage lending abuse have failed …
Three Reasons To Divorce Your Bank Before Bankruptcy
Three Reasons To Divorce Your Bank Before BankruptcyBanks do funny things when a customer files bankruptcy. Only many are not so funny. …
tax refund 2018
Time Running Out on 2018 Tax RefundsExpecting a tax refund for an old tax year but haven’t filed the return yet? …
tax refund 2018
Time Running Out On Dynamite Business Reorganization OpportunityIn less than a month, the nifty new small business bankruptcy option that makes Chapter …
tax refund 2018
Time Running Out To Claim Prior Year Tax BreaksTime is running out on your 2011 tax return. Whaaaat?, you say.  You’re working on 2014 between …
TImeless Wisdom Doesn't Apply When Filing Bankruptcy
TImeless Wisdom Doesn’t Apply When Filing Bankruptcy“Don’t count your chickens before they hatch”.  It’s a time-tested bit of folk wisdom. But …
community property surprise
Title Isn’t Everything: Watch Out For The Assets In Your Spouse’s NameBut it’s titled to my spouse, sputtered the hapless debtor at the bankruptcy hearing. She …
To tell the truthBankruptcy lawyer Kevin Gipson’s piece entitled Your Lawyer is Your Friend only scratched the surface …
top bankruptcy posts 2021
Top Ten New Bankruptcy Soapbox Posts of 2021Every year, I count up the new posts on Bankruptcy Soapbox, and see how my …
Trap for unwary in foreclosure of rental propertySpend the rents generated by a property in foreclosure and you may have invited big …
Try The Community Property Two Step
Try The Community Property Two StepLife  and debt often presents us with conflicting imperatives. Bankruptcy is required, but when to file? …
Tugging On Superman's Cape
Tugging On Superman’s CapeWhen a Chapter 13 trustee complains that the means test is not easy to administer …
bank account rejection
Turned Down For A Bank Account? Fight BackTurned down when you tried to open a bank account? We have a clue why. …
bankruptcy stay
Two Strikes & You’re Out (Of Your Home)Three strikes and you’re out.  Anyone familiar with baseball knows that one. The rules are …
Understand Bankruptcy Basics Before You Need ThemBankruptcy basics are simple: bankruptcy is the legal system’s remedy for debts beyond the ability …
unfiled tax returns yield life sentence
Unfiled Tax Returns Are A Life SentenceUnfiled tax returns upset all the normal rules about discharging taxes in bankruptcy. This story …
Unicorns, Wookies, And Medical Bankruptcies
Unicorns, Wookies, And Medical BankruptciesWhat do Unicorns, Wookies, and Medical Bankruptcies  have in common? Each is a figment of …
Unintended consequences of the means testI’m always delighted when I uncover another aspect of the bankruptcy “reform” act of 2005 …
Universal Default Provisions Cause DefaultsIn the space of 24 hours this week, I saw two clients with substantial credit …
Update Your Mental Money Software To 2.0What kind of life style are you entitled to? When was your sense of your …
UST definitely family unfriendlyI sat this afternoon in a 341 meeting for Chapter 13 in which another debtor …
Bankrutpcy Alphabet: V is for Value
V Is For Value In Bankruptcy Alphabet  The Letter V is for Value in my bankruptcy alphabet. The value of one’s …
win-lose
Vince Lombardi Is To BlameEver feel like you’re battling your mortgage lender for your life?  Or the life of …
Vote for best niche blogBankruptcy Law Network’s blog, where I write with 25 other premier consumer bankruptcy lawyers,  was …
Wage garnishment ends with bankruptcy filingWe were exploring the timing of a bankruptcy case, trying to live free in the …
Wage Garnishment Survival Guide
Wage Garnishment Survival Guide“Your wages have been garnished, ” reads the letter from your employer. Do nothing and …
Warning: Wells Fargo Can Freeze Your Account
Warning: Wells Fargo Can Freeze Your AccountPreparation for filing bankruptcy should include getting your money out of Wells Fargo Bank. Unless, …
wells fargo accounts
Was Your Credit Score Trampled By Unwanted Wells Fargo Accounts  Fake Wells Fargo accounts opened without consent may adversely affect victims’ credit scores. Are …
We Live In An Economic House Of Cards
We Live In An Economic House Of CardsI’ve long said to bankruptcy clients that bankruptcy can’t fix an income problem, it can …
Moran Law Group
We’re Now In Redwood CityMoran Law Group has packed up and moved to Redwood City! Effective October 1, 2018, …
What A Bankruptcy Lawyer Is Thankful For
What A Bankruptcy Lawyer Is Thankful ForOn Thanksgiving, I’m mindful of how precious the American approach to insolvency is. In the …
What Are Your Rights In A California Foreclosure
What Are Your Rights In A California ForeclosureThe old saw about Oakland, California is that there is no “there” there. I suggest …
What Asset of Failed Business Is Most Valuable?
What Asset of Failed Business Is Most Valuable?Usually I rant about mistakes clients made when they incorporated their ongoing business. Come hard times …
What Can Bankruptcy Do About Back TaxesBankruptcy wipes out taxes and leaves you with a clean slate. But somehow, the second …
consider bankruptcy
What Causes Bankruptcy?I was playing in my head with a piece I was writing for consumers about …
What credit card debt hidesI met with a couple yesterday with over a $100K in credit card debt. When …
PG&E bankruptcy
What Creditors Of PG&E Need To Know About BankruptcyListen up if you’ve done business with PG&E, now or in the past. The PG&E …
What Debts Were Discharged In My Bankruptcy?
What Debts Were Discharged In My Bankruptcy?After your bankruptcy, one of the hardest questions is figuring out just which debts were discharged. Eliminating …
what does bankruptcy lawyer do
What Does A Bankruptcy Lawyer Do For YouLawyers cost money and you’re considering bankruptcy because you don’t have enough money. What would …
torture device
What Everyone Knows About Bankruptcy: NotLots of people profess to know all about bankruptcy. Whether they have good information or …
What Game Are We Scoring?Getting credit after bankruptcy is the most frequent search term that bring visitors to Bankruptcy …
What Goldilocks Knew About Tax Season
What Goldilocks Knew About Tax SeasonIt’s so easy to get a tax filing extension and put off the unpleasant work …
What happened to encouraging Chapter 13Used to be, bankruptcy law was organized to encourage debtors to file Chapter 13 and …
What Happens If You Don't Pay Your Debts
What Happens If You Don’t Pay Your DebtsOverdue debts will not send you to jail. Please repeat:  overdue debts will not get …
gambling debts
What happens in Vegas…May make you a felon. Funny, the Las Vegas PR doesn’t mention criminal prosecution for …
keep cash in bankruptcy
What Happens To Cash In Bankruptcy?How much cash can you keep when you file bankruptcy? It’s not as though you …
liens in bankruptcy
What Happens To Liens In Bankruptcy?Liens in bankruptcy have an uncertain fate. While most liens survive a bankruptcy discharge, some …
Chapter 7 v. 13
What Happens To My Stuff In Different Bankruptcy ChaptersWill it be Chapter 7 v. 13? After you’ve made the decision to get a …
chapter 13 bank account
What Happens To Your Bank Account in Chapter 13Those considering filing a Chapter 13 bankruptcy worry about “what happens to my bank account?” …
What if you choose an alternative to bankruptcyI’ve continued to think about my response to David Leibowitz’s discussion of getting out of …
Debt collectors as sharks?
What Is Really Scary About Debt CollectorsWhen I tell a client to stop paying credit cards, they look at me as though …
What Litigators Need To Know About Bankruptcy
What Litigators Need To Know About BankruptcyCivil litigation often decides who owes what to whom.  Bankruptcy law impacts litigation and what happens …
What Mythbusters Star Says About Money Troubles
What Mythbusters Star Says About Money TroublesLook at the big picture. That was the point Adam Savage of the TV show Mythbusters made as …
pay for bankruptcy
What Should Bankruptcy Cost?Pick a cheap bankruptcy lawyer and it could really cost you. We’re trained as consumers …
business challenges
What Small Business Needs From Government  This post was first published 10 years ago, in the midst of the Great …
What T-Boz Missed When Chapter 13 Dismissed
What T-Boz Missed When Chapter 13 Dismissed      T-Boz Watkins got her Chapter 13 case tossed out of court for …
should I file bankruptcy
What The Fool Got Wrong About Filing BankruptcyThe famous poem begins, “how do I love thee? let me count the ways”. But …
bankruptcy fears overblown
What The Wild Things Teach Us About BankruptcyI miss Maurice Sendak, the late author of children’s books. What does a book about …
lawyer gives thanks
What This Lawyer Is Grateful For At ThanksgivingThis Thanksgiving, I’m grateful for the American judiciary and, particularly, for district court judges. In …
What To Disclose In Bankruptcy Papers
What To Disclose In Bankruptcy PapersIf the headline drew you in, like the Geico gecko, you can complain you’ve been …
mortgage tools for homeowners
What You Don’t Know (Yet) About Your Mortgage LoanThe aftermath of  mortgage mess mess will be with homeowners  for as far into the …
bankruptcy schedules
What You Left Out Of Your Bankruptcy SchedulesOne of the first questions a bankruptcy trustee will ask you at the hearing in …
bankruptcy reaffirmation
What You Need To Know About ReaffirmationDecisions, decisions. Are you going to reaffirm the car loan? Your bankruptcy filing requires that …
bankruptcy misunderstanding
What You Think About Chapter 13 Is Dead WrongThe difference between bankruptcy’s Chapter 7 and Chapter 13 is often expressed this way:    Chapter …
bankruptcy secret about means test
What Your Bankruptcy Lawyer Can’t Tell YouI can share a secret, just between us. Bankruptcy “reform” in 2005 tried in a …
What Your Signature On Your Bankruptcy Papers Really Says
What Your Signature On Your Bankruptcy Papers Really SaysWish I had a buck for every time a client has told me, “Yes, I …
mortgage forbearance
What’s After ForbearanceLast spring, the CARES Act entitled everyone with a federally backed home mortgage to a …
Snapshot of the day you file bankruptcy
What’s Included In Bankruptcy?People ask, all the time, what’s included in bankruptcy? What do I list in my …
new in bankruptcy
What’s New In Bankruptcy Law in 2021The new year of 2021 brings us face to face with a desolate economic landscape …
What's So Scary About Bankruptcy?
What’s So Scary About Bankruptcy?It’s Halloween and we indulge in make-believe scary moments and call it fun. In real …
What’s To Fear About Bankruptcy  Fear of filing bankruptcy keeps countless people mired in debt. Are you one of …
What's Up After Tax Extension To File?
What’s Up After Tax Extension To File?The tax extension in the mail and you don’t have to think about income taxes …
consider bankruptcy
What’s Wrong With Most Get-Out-Of-Debt AdviceGet-out-of-debt gurus too often miss the essential truth known to every carpenter. Measure twice, cut …
tax time
What’s Your Retirement Theme Song?Why does April tax season put me in mind of September Song ? Oh, the days dwindle …
emergency expense
When $400 Emergency Pushes You Over The Edge  The Federal Reserve reported that 40% of Americans couldn’t meet a $400 emergency without …
bankruptcy law online
When Bankruptcy Lawyers Get The Basics WrongI cringe when a client says that they’ve researched bankruptcy on the internet before coming …
file bankruptcy again
When Can I File Bankruptcy AgainYou can file bankruptcy tomorrow, so long as you don’t currently have a bankruptcy case …
filing bankruptcy again
When Can I File Bankruptcy AgainRemember the old high school cheer:  two, four, six, eight, who do we appreciate? Turns …
When Chapter 20 Bankruptcy Adds UpYou can look a long time in the Bankruptcy Code without finding Chapter 20. Chapter …
collection letter
When Debt Collectors Won’t Stop, Despite BankruptcyGet a collection notice after you’ve filed bankruptcy and after you’ve gotten a discharge, and …
When Foreclosure Requires You MoveWhen you’ve decided to walk away from a house you can no longer afford, don’t …
When Giving Isn't Good
When Giving Isn’t GoodWhen you owe money to others, you are not free to give assets away. Or …
California sales tax
When Is Individual Business Owner Liable for California Sales TaxEven when corporate retailers collect California sales taxes from customers, the individuals running the entity …
when to file bankruptcy
When Is The Right Time To File BankruptcyIt can be hard to know when it’s the right time to file bankruptcy. But …
time to file bankruptcy
When Is The Time Right To File BankruptcyJust like stand up comedy and batting in baseball, filing bankruptcy is all about timing. …
When Mortgage Lenders Monkey With Your Loan
When Mortgage Lenders Monkey With Your Loan  Spoiler Alert:  As a borrower, you  are an expendable resource in home loan servicing …
When Realtors Go RogueTrue story from the mortgage meltdown 10 years ago. Usually, I try to be the …
When Stagnant Home Values Mean Huge SavingsI thought the lien stripping ship had sailed. We are finally climbing out of the …
When to make your moveMy colleague Susanne Robicsek wrote about the implications of a state to state move on …
going nowhere
When You Can’t Make Your Chapter 13 PaymentsWhen your wallet’s as flat as this tire and you can’t make your Chapter 13 …
virus and money
When You Can’t Pay Your Bills Because Of The VirusThe coronavirus has us locked at home where the  worry demons play unrestrained in our …
beat a bank levy
When Your Bank Account Is Seized: California Action PlanTime is short when you get a notice that a creditor has levied your bank …
When Your Bankruptcy Discharge Doesn't End Your Case
When Your Bankruptcy Discharge Doesn’t End Your CaseIsn’t my case over? I got my discharge.  Why’s the bankruptcy trustee still  hounding me?, my …
stbx bankruptcy
When Your STBX Files Bankruptcy: An Action PlanWhether the news comes by phone or mail, the notice that your soon-to-be-ex spouse has …
Where Do I File My Bankruptcy Case?
Where Do I File My Bankruptcy Case?Remember the kid’s geography game, Where in the World is Carmen Sandiego? Clues took players …
Where’s the UST?Sort of unwittingly, I got involved in one of the bigger issues plaguing bankruptcy courts …
choose bankruptcy chapter
Which Bankruptcy Chapter Is Right For Me?Seven or Thirteen? 13 or 7? When you have a choice, how do you decide …
scary creditors
Which Creditors Should You Really Fear?A debt collector’s threat to sue you usually produces terror. You’re scared about losing your …
debt collectors
Which Debt Collector Threats Should You Be Afraid Of?Threats are the tools of the trade of debt collectors. Why not? Fear is effective to …
liable for debts
Which Spouse Is Liable For Debts In CaliforniaCalifornia has been a community property state since 1850, and still we struggle to understand …
who files bankruptcy
Who Files Bankruptcy In The Face Of Booming Bay Area Economy?Silicon Valley is booming; our highways are so full of people getting to work that …
Who files bankruptcy?The latest news from the office of the courts is: lots of people.  Sixteen percent …
Who Gets A Slice Of The Bankruptcy Pie?
Who Gets A Slice Of The Bankruptcy Pie?“That woman filed a claim in our bankruptcy case, and we don’t owe her any …
joint accounts bankruptcy
Who Gets Grannie’s Cash – Grannie Or The Bankruptcy Trustee?When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go …
Who Gets To Choose Your Bankruptcy Chapter?
Who Gets To Choose Your Bankruptcy Chapter?Does someone other than the debtor get to choose which chapter a bankruptcy case is …
bankruptcy alternative
Who Needs This Kind Of Help With DebtsEliminate your unsecured debt sooner than you ever thought possible. That’s the promise of one …
business bankruptcy
Who Owns Your Business When You File Bankruptcy?The bankruptcy trustee’s question was straightforward (if inartful) yet the business owner nearly blew the …
money troubles taboo
Who Profits When Money Trouble Is Shameful?Talking about our financial troubles is taboo in this society. In fact, we are more …
bills after bankruptcy
Who To Pay After BankruptcyYou’ve filed bankruptcy. Your creditors are stayed. A bankruptcy discharge is ahead. You’re out from …
collection calls
Who To Pay When There’s Not Enough Money To Go AroundIf you can’t pay your bills, the squeaky wheel should NOT get the oil… At …
bankruptcy 90 DAY preference rule
Who’s Afraid Of Bankruptcy’s 90 Day RuleMost folks considering bankruptcy know about the 90 day rule in bankruptcy.  They’ve talked to friends …
college saving exemption
Whopping exemption for CA 529 college accountsA substantial new California exemption snuck into law in 2021. It protects 529 college savings …
failed bankruptcy
Why Bankruptcy Cases Go Down The DrainI  watched dozens of Chapter 13 bankruptcy cases get dismissed in a single afternoon in …
means test is paper tiger
Why Bankruptcy Means Test Is Paper Tiger In Bay AreaBankruptcy’s means test is a paper tiger in the San Francisco Bay Area. Really! You …
Credit cards vanquish tax collector
Why Credit Cards Win Clash of CreditorsIn the tug o war of which creditor to pay, why is it that credit …
saving in Chapter 13
Why Creditors Should Get Less in Chapter 13Spending every dollar they make, and then some, is often how our Chapter 13 clients …
Why Even Rock Solid Marriages Need A Prenuptial Agreement
Why Even Rock Solid Marriages Need A Prenuptial AgreementPre nuptial agreements aren’t just for the rich or  mid-life marriages. In California, pre nuptial …
paying debts
Why File Bankruptcy? It’s Your Life ExpectancyIncreasing life spans and the demise of pension plans is why filing bankruptcy now makes …
Why I Hate Credit Reporting AgenciesIf you have a couple of hours, I’ll count the ways. But this morning, it’s …
13 reasons to love Chapter 13
Why I Love Chapter 13How do I love thee, Chapter 13? Let me count the ways. Hang on, because …
Why Keep Bankruptcy Off Your Credit Record
Why Keep Bankruptcy Off Your Credit RecordWe’ll help you do your own bankruptcy, promises the ad. And for a few dollars …
Law of average doesn't work here
Why No-Look Bankruptcy Fees Are No-GoodLawyers become lawyers, in large part, because they can’t, or don’t want to, do math. Judges are …
Why Rising Home Prices Will Sink Some Homeowners  The median home price in the Bay Area has risen to over $500,000 for …
Why Tax Software Is Lousy Purchase
Why Tax Software Is Lousy PurchaseWhy pay for Turbo Tax or its competitors when, odds are, you can get it …
attorneys fees in Chapter 13
Why The Gap Between Judges & Attorneys Over Fees?Very few bankruptcy judges ever represented average individuals in bankruptcy before they became judges. Fewer …
student loan discharge
Why These Student Loans Got Discharged In BankruptcyDischarging the student loans of a truck driver who lived in his employer’s truck or …
Why Would Lawyer Choose Consumer Bankruptcy?
Why Would Lawyer Choose Consumer Bankruptcy?I had my fees cut last week in a small Chapter 13 case.  The cut ($500) …
bankruptcy lawyer
Why You Don’t Want A Bankruptcy Attorney To Fight For YouEveryone wants a good bankruptcy lawyer when they’re considering filing bankruptcy. So, how do you …
Why Your Mortgage Lender Won't Send Statements After Bankruptcy
Why Your Mortgage Lender Won’t Send Statements After BankruptcyLists of stupid laws are lots of fun, when they don’t really touch your life. …
Will A Second Bankruptcy Really Protect?Immediate protection from collection is at the top of the list for most bankruptcy filers. …
Will Social Security Be Enough To Retire To Surf City?We live in the Golden State. Retirement is supposed to be the Golden Years. Do …
Will You Come Visit Me In Jail?There’s a warrant out for my arrest, according to the message on my home phone. …
financial literacy building blocks
Will You Have Money For A Lifetime?The financially literate manage their money for the long haul so they have money for …
exemptions benefiting women
Women win new protections in California exemption lawNew California exemption laws will expand protections for alimony and eliminated a barrier to filing …
Word rant: seizure of mortgaged homesPerhaps I’m feeling particularly crotchety today, but the use of the word “seize” to describe …
mortgage after bankruptcy
Worthless Mortgage Liens Keep Homeowner At RiskThe client originally had his choice of bankruptcy chapters. He could file Chapter 7, get …
stop debt collectors
You Can Make Debt Collectors StopYou can make debt collectors stop. You don’t have to endure phone calls and threatening …
underwater real estate
You Keep Underwater Property in Bankruptcy  Good news or bad news, the bankruptcy trustee doesn’t want your underwater property. Trustees …
bankruptcy discharge has teeth
Your Bankruptcy Discharge Has Teeth: Bite BackYour bankruptcy discharge is more than a piece of paper.  It’s a federal court order prohibiting action …
business divorce
Your Business Partnership Needs A PrenupFinancial partnerships are at least as challenging as marriages.  And business deals don’t have love …
Your Choices For The Underwater House
Your Choices For The Underwater HouseGerri Detweiler kicks off a six part series on dealing with a home worth less …
creditor lurks to prey on heirs
Your Creditors Lie In Wait For Your KidsIs your legacy to your kids an encounter with your unpaid creditors? Debt problems for …
home isn't piggybank
Your Home Is Not A Piggy BankRight before the Great Recession, lenders, main stream and fly-by-night,  urged us to “tap the equity in …
Your Home Loan May Be Excluded From Homeowner Bill of Rights
Your Home Loan May Be Excluded From Homeowner Bill of RightsHomeowners whose loans were originally made by a federally chartered savings bank are excluded from …
Best Bankruptcy Blogs
Your Picks For The Best Of Bankruptcy Soapbox For 2016Jumping the gun on year-end by a bit, I’ve gathered up the 10 most-read new …
credit report after bankruptcy
Your Right To Credit Reporting After BankruptcyYou’ve finished your Chapter 13 and emerged from bankruptcy with your home loan current. But your …
Your Rights When Your Home Is Foreclosed
Your Rights When Your Home Is ForeclosedThe foreclosure sale is over and the bank now owns the home. You’re now living in …
debt collecting season
Your Tax Refund In The Crosshairs In Debt Collecting SeasonWho knew that there was a season for debt collecting?  My friend and colleague attorney  …
tax refund bankruptcy
Your Tax Refund Is Exposed In Bankruptcy, Unless…The prospect of a tax refund makes most of us light up  even when we …
voting matters
Your Vote, Your VoiceGovernment is serious work. For it to work well, it requires lawmakers who take those …
Zombie Debt Collectors Must Come CleanDebt collectors in New Mexico must now warn debtors that a debt they are trying …
Zombie Debt is Naughty, Not Nice
Zombie Debt is Naughty, Not NiceDespite his bankruptcy discharge, my former bankruptcy client has just been bitten by naughty credit …
Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

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What Happens To Your Bank Account in Chapter 13

Those considering filing a Chapter 13 bankruptcy worry about "what happens to my bank account?" Will the trustee take all the money? How do I pay my living expenses after I file? The short answer is: nothing changes. The account remains yours and available for all the expenses of day to day living. Because, … Read more

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