Abuse

Are You A Consumer or A Non-Consumer Debtor?

Abuse, Bankruptcy, Bankruptcy Procedure, Pre-Bankruptcy Planning

When filing a Chapter 7 bankruptcy in California, it’s important to know if you’re a consumer or a non-consumer debtor. If you’re a consumer debtor, then you need to meet the Means Test, an income threshold you cannot go above and still qualify for a chapter 7. If you’re a non-consumer debtor, then you do not need to meet the Means Test; how much you earn may, but won’t necessarily, disqualify you from filing for Chapter 7. So what? Most everyone would prefer a chapter 7 to be free and clear of their debts without going through years of repayment first. Read more »
October 27, 2023

How Bankruptcy Attorneys Can Stop Unethical Debt Collectors

Abuse, Bankruptcy, Collection Law

In the cat-and-mouse game between debtors and creditors, it’s no surprise that there are dishonest debt collectors. Many of my bankruptcy clients are well-acquainted with debt collectors, often having been harassed by them for years before coming to me. Among the illegal collection practices these collection firms employ Read more »
December 21, 2021

Wells Fargo: Worst Bank Ever? Part IV…

Abuse, In the News, Loan Modification

I’m cheered to see that others out there share my opinion of Wells Fargo Bank. For my prior screeds against this bank, see here, here, and here. My rants against Wells Fargo may soon Read more >>
July 14, 2015

Wells Fargo: Paid ME for Their Incompetence

Abuse, Bankruptcy Aftermath, Loan Modification

I took a client through a Chapter 7 bankruptcy, and got her a discharge. She and I were done, and she had no more personal debt. Then she sought a loan modification Read more >>
September 24, 2014

Wells Fargo: Freezes Accounts of People in Bankruptcy

Abuse, Bankruptcy, Bankruptcy Procedure

If you have more than $5,000 in your Wells Fargo checking account when you file a bankruptcy petition, be prepared. Wells Fargo will freeze your account until the bankruptcy trustee tells them it’s okay Read more >>
September 23, 2014

Wells Fargo: Worst Bank EVER

Abuse, Bankruptcy Aftermath, Bankruptcy Procedure, Business

I don’t like Wells Fargo Bank. Its abusive policies make it impossible to think well of it. I try not to do loan modifications for clients because all banks are reluctant to negotiate them. Banks are forced to do so by well-meaning statutes. Read more >>
September 22, 2014

Who Really Owns Your Debt?

Abuse, Collection Law, Credit Cards, In the News

I deal a lot with bill collectors. Here is an eye-opening description of how their business works. Settling a debt can be . . . unsettling. Read more >>
September 9, 2014

Payday Lenders: Predators

Abuse, Bankruptcy Aftermath, Business, Crime, In the News, Policy

Here is a very amusing and outraged report on “payday lenders” from John Oliver, the British reporter who apprenticed with Jon Stewart and Steven Colbert. He’s accurate in presenting the problem Read more >>
August 29, 2014

Misleading Radio Ads Promising Huge Tax Debt Reduction

Abuse, IRS, Taxes

I heard a radio ad about solving IRS problems. “It’s a fact that when you owe $10,000 or more, the IRS can take your car, your house . . . even your freedom.” Read more >>
June 6, 2014

Arsonist Can Discharge Fire Fighting Costs in Bankruptcy

Abuse, Bankruptcy, Crime

Living in semi-arid California, I’ve gotten used to seeing large columns of smoke on hot, windy days. Most recently, I could see the Springs Fire burning between Camarillo and Malibu from a distance, Fortunately, it did little damage Read more >>
May 14, 2013