The higher-than-average wages in the Bay Area don’t disqualify you from bankruptcy, despite rampant misinformation about the bankruptcy means test. The means test, added to bankruptcy law in 2005, was (poorly) designed to keep above average earners out of bankruptcy. But it hasn’t worked in the Bay Area, largely because of the cost of housing […]
Comparing Bankruptcy Chapters By Impact on Assets
Will it be Chapter 7 v. 13? The choice of bankruptcy chapter is complex, involving many interconnected factors. Here we’re going to compare just the treatment of different kinds of assets in Chapter 7 versus Chapter 13. See here for a look at other factors that drive your choice. Start with exemptions Exemptions are the […]
Separate Finances Doesn’t Protect Spouse From Financial Disaster
By keeping separate finances, this California couple thought they had insulated the wife from the financial woes of her entrepreneur husband. They didn’t share bank accounts nor credit cards while she carefully kept her distance from his business dealings. Her name was not on anything tied to his business. But “separate” isn’t enough to overcome […]
California Stimulus Checks Available Only When You File Your Tax Return
Are you eligible for a California stimulus check? This state program provides cash payments to low and moderate income individuals, regardless of immigration status. But the stimulus checks are tied to filing a tax return. No tax return, no California stimulus check. Mind you, this Golden State Stimulus is in addition to the federal stimulus […]
7 Essentials For Better Results From Filing Bankruptcy
Plan before filing bankruptcy and you get better, more certain relief. Even if you’re not quite sure that you’re ready to take the bankruptcy plunge, scout the bankruptcy territory. Take some time to learn the rules and explore ways to maximize the relief available in bankruptcy. If you don’t plan ahead and just rush into […]
How to fight back against EDD’s Form 1099G
By William Purdy Got an EDD tax form 1099G but no benefits? At this moment, POTENTIALLY hundreds of thousands of California taxpayers are enjoying the ghastly experience of receiving a Form 1099G courtesy of the California EDD for unemployment benefits the taxpayer never received. ABC News reported the EDD has admitted to paying as much […]
Can You Rescue Your Business With Chapter 13
Small business owners who are sole proprietors can enlist the power of bankruptcy’s Chapter 13 to rescue their business at a price they can afford. Everyone thinks of Chapter 11 as the “keep the business and ditch the debt” form of bankruptcy. But traditional Chapter 11 is cumbersome and just flat out too expensive for […]
Family Lawyer’s Cheat Sheet to Bankruptcy
Here, in a nutshell, are bankruptcy basics for family lawyers. This isn’t everything you need to know to navigate a dissolution where one spouse files bankruptcy, or when marital debts suggest both spouses should file. It’s a start. You can get the basic introduction to concepts and terms operative in bankruptcy here. For a look […]
Time Running Out On Dynamite Business Reorganization Opportunity
In less than a month, the nifty new small business bankruptcy option that makes Chapter 11 feasible for the little guy reverts to its far smaller debt limits. Still great, but available to fewer troubled businesses. SBRA is a new subset of a Chapter 11 bankruptcy reorganization. Also called a Subchapter V case, it’s designed […]
