In this segment, we will discuss how debt in one spouse’s name is generally presumed by the public to be the sole and separate obligation of that spouse and how that presumption is often wrong. In assessing whether a debt obligation in one spouse’s name is truly just the responsibility of that spouse, we first […]
Shocking News Flash: A breakdown of one’s marriage and debt usually go hand in hand. Money issues can lead to separation and separation between married people can lead to substantial debt issues. Debt does not go away when a couple separates; it merely sits in wait, ready to pounce as the next woe to be […]
Common situations I come across with bankruptcy inquiries:“I want to file for bankruptcy but I don’t want to lose my car.”“I have a mortgage that I’m able to pay but I’m struggling. Would I lose my house if I file for bankruptcy?” Filing for bankruptcy relief generally relieves a debtor from substantial personal economic liabilities […]
A common question arises in many of my recent debt relief consultations: How will my income tax debt affect my attempts to completely wipe out my debt, both overall, and as to the tax debt itself? Taxes and Bypassing The Means Test The first hurdle to proceed in filing under Chapter 7 is the “means […]
Recently, there was a flurry of headlines noting a disturbing trend in the U.S.— 42 percent of people of color have debt in collections, according to a study released by the Urban Institute (data on website subject to change). “Debt in collections” refers to money that’s owed well past an account’s due date (usually 180 […]
Frequently, I get questions from clients considering bankruptcy who ask, “Can I keep my car? What about my house?” They have the impression that by filing for bankruptcy, they are guaranteed to lose everything they have. This is not true. Federal and state laws exist to protect certain assets and properties from creditors. Whatever type […]
Throughout my career, many people have come to my office seeking to resolve issues of situations where they face serious debt. After meeting with them and determining that they would not be eligible to file for Chapter 7 bankruptcy relief, the choice often comes down to one of two options: 1) working out a plan […]
Clients often ask me what they can do when an ex-spouse or former domestic partner violates or ignores a Family Court order regarding child support, visitation rights, restraining orders, etc. If such a violation occurs, they ask, shouldn’t the offending party be subject to a contempt of court action? In California, most contempt of court […]
In any dissolution of a marriage or domestic partnership, one critical issue of fact is the date of separation. Generally, “date of separation” is defined as the time when the people involved actually separate—either physically (one party moves out of the common residence) or subjectively (when one party feels the marriage is truly over or […]
Sometimes bankruptcy is worth considering as an answer to your debt problems. But before coming to that decision, there are other options—one good, one bad—worth exploring. Here’s a bad option: Ignore your debt. Some people fall into debt and just pretend it’s not there. Others think they can put off creditors and debt collectors indefinitely. […]