Households with an annual income of $54,000 or less can have their tax returns prepared for free through the Bay Area United Way’s Earn It, Keep It, Save It program. Earned Income Tax Credit The Earn It, Keep It, Save It campaign is particularly focused on enabling qualifying individuals and families to access this tax […]
Automatic Stay Has Exceptions: It Doesn’t Stop Everything
The automatic stay is the signature feature of American bankruptcy, but the stay has important exceptions. Just by filing a bankruptcy case, a federal court injunction instantly prohibits your creditors from actions to collect a debt from you or your assets. But, there’s a whole list of actions that aren’t included in the stay. We […]
Inherited Homes Now Come With Full Measure Of Consumer Rights
with Half a loaf is what you too often got when you weren’t the original borrower on a home loan. No mortgage servicing rights under Federal law came title to the property. Whether you inherited the property or it was awarded to you in a divorce, you get shortchanged by the mortgage lender. Even with […]
Chapter 13 Discharges HOA Debt
Condo fees that come due after a Chapter 13 bankruptcy is filed are discharged at the conclusion of the case. In a victory for condo owners, the 9th Circuit Court of Appeals ruled that the more expansive Chapter 13 discharge trumped a bankruptcy statute sticking condo owners with the fees. Or really, this is a […]
Your Tax Refund Is Exposed In Bankruptcy, Unless…
The prospect of a tax refund makes most of us light up even when we haven’t even calculated what the refund might be. But if you’re thinking of filing bankruptcy before you actually see Uncle Sam’s check, take a minute to plan. Your right to that refund is property of your bankruptcy estate even if […]
Debts You Can’t Wipe Out In Bankruptcy
Three kinds of debt survive bankruptcy discharge, because they are unlike the other sixteen non dischargeable debts. Those three exceptions to discharge look, not at the kind of debt such as taxes, or support or student loans. Rather the exceptions look at how the debt arose. These exceptions prevent bad actors from escaping the consequences in bankruptcy. […]
The Strange Rules When A Creditor Is Left Off Bankruptcy Schedules
What happens if you miss putting a creditor on your bankruptcy schedules? In the bustle of preparing to file bankruptcy, a slip up is not uncommon. Notice is one of the fundamental rules of bankruptcy. Everyone to be affected by a bankruptcy case gets notice. That notice provides the creditor with an opportunity to participate […]
$7000 Off The Price Of The Car In Chapter 13
How would you like to reduce your car payment, by lots? In a recent case, Chapter 13 allowed my client to save $7000 off the loan balance based on an examination of the car finance contract. You couldn’t see the issue from the monthly statement. When I got the finance agreement itself, I found the […]
Life And Death of Debt In California
CPR has its place when human life is involved. Human life is precious. But when what’s dying is the legal right to collect a debt? Not so fast. You don’t want to breathe new life into an old debt that is legally dead. Yet you can do that, unintentionally reviving a debt that is legally […]
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