California law, effective January 1, 2023, will assure those who file bankruptcy that they can keep their car as long as they stay current on payments. The onerous requirement that a debtor give up their discharge as it pertains to the car lender is eliminated. The same bill, SB 1099, increases the exemption for equity […]
The Thousands That Sat In Mortgage Suspense Account
Sharp eyes on the part of the debtor spotted the unapplied suspense balance, and diligence on the part of his attorney, saved one homeowner $27,000. Mortgage payments during Chapter 13 During his Chapter 13 case, the borrower continued to make monthly payments on his mortgage. But the loan servicer for Bank of America dumped payments […]
What Can Bankruptcy Do About Back Taxes
Bankruptcy wipes out taxes and leaves you with a clean slate. But somehow, the second biggest myth about bankruptcy is that taxes can’t be discharged. Wrong, wrong, wrong. The limits on discharging taxes in bankruptcy are few: you can’t discharge taxes first due in the last 3 years; taxes for years you haven’t filed a […]
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 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 here. […]
Chapter 13 Eligibility Just Greatly Expanded
Congress has just expanded and simplified eligibility for Chapter 13 by enacting new debt limits. This is big news and long-awaited. Upon the president’s signature on S. 3823 on June 21, Chapter 13 debtors can have up to $2.75M in debts and qualify for the streamlined reorganization offered by Chapter 13. The previous, two-part analysis […]
Deal With Your Taxes After Bankruptcy
When you’ve still got taxes after bankruptcy, things can get complicated. That’s because some taxes got discharged in bankruptcy, while others may live on. The taxes that live on get an extension on their life span. And liens after Chapter 7 just keep on chugging. So let’s make sense of taxes after bankruptcy. Which taxes […]
California Homestead Grows With Inflation: Calculating The Homestead Increase
Calculating California’s homestead reveals the homestead in 2022 is now capped at $626,400. That’s even more generous than the originally enacted $600,000. And it will change next year. To calculated the current homestead exemption, you need an armful of data (and a bit of math). Because, the new law provided not only for a bigger […]
California Exemptions Increase for 2022
The triennial adjustment of California exemption amounts becomes effective April 1. And it’s no joke. The new exemption numbers will protect more value in cash and assets necessary for everyday living. Exemptions define the assets that are safe from creditors in bankruptcy. The CCP 704 exemptions are also available outside of bankruptcy when judgment creditors […]
Time Running Out on 2018 Tax Refunds
Expecting a tax refund for an old tax year but haven’t filed the return yet? Time’s running out. If you are more than three years late in filing your tax return, you forfeit any tax refund that you would otherwise get. The IRS still has $1.5 BILLION in unclaimed refunds for tax year 2018 but […]
