The biggest bankruptcy mistake has nothing to do with choice of chapter, exemptions, disclosure, or attorneys. It has to do with timing. The biggest bankruptcy mistake is waiting too long to consider bankruptcy. Time is seldom your friend What’s wrong with letting time pass before making a momentous decision? Doesn’t time heal most wounds? No, […]
Will I Get a Discharge in My Bankruptcy Case
Getting a bankruptcy discharge is what almost all cases are about. So the question of whether or not you’ll get a discharge looms large in Chapter 7. The short answer is that if you are eligible for a discharge, you’re almost certain to get a discharge. Eligibility, in this context, looks at whether you’ve gotten […]
Resolve To Thrive In The New Year
May I suggest a 2024 New Year’s resolution? It doesn’t involve diets or workouts or commitments to huge personal transformation. Take a hard look at your financial situation. Consider whether a fresh financial start makes sense. Just getting by A life of minimum payments, minuscule bank accounts, and no retirement savings is a life fraught […]
Can You Be Sued After The Foreclosure
Foreclosure is traumatic enought without worrying whether lenders can sue you after foreclosure. Breathe deeply. California has laws that limit what a mortgage lender can do to collect its money after the foreclosure. One addresses the rights of the creditor who conducted the foreclosure sale. The other borrower protection looks at what the loan was […]
Save The House Even AFTER The Foreclosure Sale
The fall of the hammer at the foreclosure sale threatened to leave my widowed client homeless and poorer by hundreds of thousands of dollars. Instead, we recovered her house from the foreclosure sale under new California law which delays the finality of the change of title. She had rights after foreclosure. The prompt filing of […]
When You Can’t Pay The EIDL Loan
The COVID-era EIDL loans are coming due. But just because the pandemic is over doesn’t mean that business has returned to normal. Prepandemic, normal may have been difficult too. If yours is one of the many businesses can’t bear the additional stress of repaying EIDL loans, here’s what you need to know. What are EIDL […]
More Californians Eligible For Expanded Pandemic Mortgage Relief Grants
Need help with your California house payments due to COVID? Grants from California’s mortgage relief fund are now available to cover delinquent property taxes and defaults on second mortgages. The expanded eligibility includes those who have previously received grants. Almost $700 million remains in the fund, created in 2021, to preserve homeownership from the ravages […]
Women win new protections in California exemption law
New California exemption laws will expand protections for alimony and eliminated a barrier to filing for bankruptcy protection without the involvement of an estranged spouse. Although not limited to women, in the bulk of cases in my 40+ years of practice, it’s women who will most often benefit from these changes. Exemptions operate to define […]
Californians Can Now Keep Their Cars After Bankruptcy Without Reaffirmation
New California law, effective January 1, 2023, eliminates the need for bankruptcy debtors to reaffirm car loans in order to avoid repossession. Now, you can keep your car after bankruptcy, so long as you keep the payments current, without reaffirming the debt. Until now, reaffirmation had the effect of giving up the discharge as to […]
