Author: Attorney Rick Morin
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Don’t Bank at Wells Fargo
There are many moving parts when a person is considering filing a Chapter 7 or Chapter 13 bankruptcy. One important consideration is where you have bank accounts. To be blunt: Wells Fargo is the worst bank on the planet. Just this week Wells Fargo repossessed a car of one of my clients. They did so…
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Spousal Waiver in Bankruptcy: What Happens if Your Spouse Won’t Sign?
Spousal waivers in California bankruptcy cases are not an issue when both spouses file bankruptcy together. However, bad things can happen when one spouse files bankruptcy on their own without first having the non-filing spouse sign the waiver. As I covered back in January, California law requires that the non-filing spouse sign a spousal waiver…
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Chapter 7 Bankruptcy March 2014
There were 995 Chapter 7 Bankruptcy cases filed in the Sacramento area during March 2014. That is about a 20% increase from February 2014. Of the 995 new Chapter 7 cases, 109 were filed by pro se debtors. That works out to be about 11% of all Chapter 7 cases. “Pro se” means that they…
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The Second Step in a Labor Commissioner Case: The Hearing
Last month I wrote about the first step in a Labor Commissioner case: the Notice of Claim and Conference. Assuming that you are not able to resolve the claim informally at the conference, the Labor Commissioner will then set the matter for a formal hearing. Here in Sacramento, hearings are being set between six and…
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How is Chapter 13 Bankruptcy different than Chapter 7?
Most people know that there are two main types of bankruptcy for your average person: Chapter 7 and Chapter 13. Do you know the differences? Chapter 13 Bankruptcy is considered a “reorganization.” This is different than Chapter 7 which is considered a “liquidation.” In a Chapter 13, the goal is to allow the debtor some…
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Bankruptcy Alternatives: You Have Options
Bankruptcy isn’t always the right fit for people in financial distress. Luckily, there are bankruptcy alternatives that can provide relief under the right circumstances. Bankruptcy is intended to provide relief for innocent people who find themselves in unfortunate circumstances. Typical issues that lead to bankruptcy include the loss of a job, an investment gone south,…
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Chapter 7 Bankruptcy February
There were 828 Chapter 7 Bankruptcy cases filed in the Sacramento area during February 2014. That is a 16% increase from January 2014. Chapter 7 filings are up after the slow winter holiday season. I expect this trend to continue as tax refunds come in. Tax refunds are a popular way to pay for the…
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Don’t Qualify for Chapter 7? You Have Options
When thinking about bankruptcy, most folks think of Chapter 7 Bankruptcy. Chapter 7 provides a “fresh start” by wiping out unsecured debt. The process takes about 3-4 months. For most people, the Chapter 7 bankruptcy process is relatively painless. However, because of how the bankruptcy code is written, not everyone will qualify for Chapter 7…
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Your Tax Refund and Bankruptcy
\Welcome to Tax Season! With it comes special precautions for people filing Chapter 7 Bankruptcy. You must take special care to protect your tax refund. All of a debtor’s assets, as they existed on the date of filing, belong to a debtor’s Bankruptcy Estate upon the filing of Chapter 7 Bankruptcy. This includes a debtor’s…
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The First Step in a Labor Commissioner Case
Many of my clients receive complaints filed with the Labor Commissioner’s office here in Sacramento. These complaints can be costly, both in terms of money and time spent participating in the Labor Commissioner process. Typically an employer’s first notice of a complaint with the Labor Commissioner will come in the form of a Notice of…