Bankruptcy Mastery

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New California Homestead in Action

By Cathy Moran, Esq. Filed Under: Exemptions, Strictly California

homestead exemption

The California homestead just changed, for the better, but it raised questions about how the single change affected the rest of the law. The newly enacted version of California Code of Civil Procedure 704.730 replaces the previous homestead system that pegged the amount of the available homestead to family relationships, including marriage, to age, or […]

Filed Under: Exemptions, Strictly California Tagged With: 2020, exemptions

A Bankruptcy Exemption Planning Basic

By Cathy Moran, Esq. Filed Under: Exemptions

The most elemental exemption planning tool is to save exempt assets while consuming non exempt assets. It doesn’t require last minute transfers or fundamental alterations in the way assets are held.  It simply requires attention to which pocket the debtor pays bills from. Clients who receive Social Security, disability, or other forms of income that […]

Filed Under: Exemptions Tagged With: exemptions, filing bankruptcy, property of the bankruptcy estate

6 Basic Points About Tax Liens in Bankruptcy

By Cathy Moran, Esq. Filed Under: Start Here, Tax

tax liens bankruptcy

Everywhere I’ve looked this week, new bankruptcy lawyers are struggling with client tax liens.  Here’s my list of basics you need to know about federal tax liens. Tax liens create  a secured claim in favor of the taxing authority.  That claim incurs interest at the statutory rate. Exemptions, bankruptcy or state, are not effective against […]

Filed Under: Start Here, Tax Tagged With: consumer bankruptcy law, exemptions, tax in bankruptcy, tax liens

Exemption Choices for the Recently Mobile

By Cathy Moran, Esq. Filed Under: Exemptions, Start Here

bankruptcy exemptions

Old and new consumer bankruptcy lawyers have a treasure in John Bates’ masterpiece on the exemption laws of each state and the availability of those laws to non residents in bankruptcy. Why do I care what the exemptions are in any state but California?  The Bankruptcy Code! ( what other answer did you expect from […]

Filed Under: Exemptions, Start Here Tagged With: bankruptcy practice, exemptions, learn bankruptcy law

Exemptions & Property of the Estate

By Cathy Moran, Esq. Filed Under: Exemptions, Start Here

sorting assets

Sometimes, as an inexperienced bankruptcy lawyer,  it’s hard to get your head around the idea that your client can have an asset of substantial value and not need to exempt it when filing bankruptcy. That’s because only property of the estate is potentially available to pay the client’s creditors in a bankruptcy, and some assets, […]

Filed Under: Exemptions, Start Here Tagged With: assets, bankruptcy, bankruptcy practice, exemptions, property of the bankruptcy estate

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