Tax and Bankruptcy lawyer John Faucher is also an intrepid chicken farmer. The flock of Faucher Family Farms has ranged from six to sixteen hens (no roosters – too loud), and currently stands at thirteen. Read more »
August 31, 2020
Blog
Why Are 2020 Bankruptcies Down, Not Up?
Bankruptcy filings have declined nationwide this year – a counterintuitive trend given the economic gut punch from the Covid-19 pandemic. In the Central District of California, which includes much of Los Angeles, Ventura and Santa Barbara counties, there have been only 18,381 bankruptcy filings so far this year. Read more »
August 21, 2020
Bankruptcy Usually Won’t Get Rid of Student Loan Debt
If your student loans went to pay tuition, room & board, or school supplies, then that debt is probably not dischargeable in bankruptcy. Read more »
August 17, 2020
Small Business Chapter 11 Bankruptcies Faster and More Affordable!
Sadly, the economic slowdown caused by Covid-19 is making many small business owners consider bankruptcy. Indeed, the Small Business Association estimates 40% of the US’s 30 million small businesses will fold within a year. Read more »
August 10, 2020
What Happens to Liens in Bankruptcy?
A lien is a creditor’s legal right to a debtor’s specific property to satisfy a debt. The most common lien is a home mortgage. The homeowner borrows money from a bank to buy a house and signs a deed of trust which allows the bank to foreclose if the homeowner stops paying the mortgage. Read more »
Reaffirming Debt in Bankruptcy
In bankruptcy, all of a debtor’s debts and assets are brought into the case. The debtor does not choose which assets are used to pay debts, or which creditors get stiffed or get paid. Read more »
July 17, 2020
Bankruptcy Basics: How Does Bankruptcy Work?
The word “bankruptcy” comes from the Italian words for broken bench — banca rotta. In the middle ages, a failing craftsman would bring his work bench to an authority in the town square, who would break it and in so doing, relieve the craftsman of his debts. Bankruptcy is more modern-looking today. Read more »
July 1, 2020
Do I Qualify for Chapter 7 Bankruptcy? The Means Test Knows
Sometimes you hear that someone makes too much money to file bankruptcy. Anyone can file bankruptcy, but courts will dismiss a bankruptcy case for abuse or bad faith – when you have too many assets to legitimately use bankruptcy to get rid of debt. Read more »
June 28, 2020
The IRS and its Notice of Federal Tax Lien
When a taxpayer doesn’t pay income taxes, the IRS automatically gets a lien against the taxpayer’s property. That means that legally, the taxpayer can’t sell anything without using the proceeds to pay the IRS. The IRS almost never enforces this “silent lien,” however. It’s silent because no one else knows about it. Read more »
June 22, 2020
US Business Starting to See Coronavirus Bankruptcy Surge
According to the New York Times, corporate America is starting to see Covid-19 related bankruptcies on the increase. At Faucher Law, P.C., we still haven’t seen this increase. Note that the New York Times doesn’t give statistics, and it’s only talking about major corporate bankruptcies: chapter 11, not chapter 7. Read more »
June 18, 2021