I’m about to file suit against a low-income housing complex in Healdsburg, CA on behalf of a tenant who was locked out by the property manager. Granted she was behind in her rent and the landlord had initiated unlawful detainer proceedings, but the law forbids self-help and my client was locked out while she [...]
Nolo.com’s Bankruptcy Foreclosure Blog reminds us that California increased its homestead exemption by $25,000.
The California homestead exemption increased by $25,000 as of January 1, 2010. The current amounts are $75,000 for individuals, $100,000 for couples, and $175,000 for seniors (over 65), disabled or over 55 with limited income, effective January 1, 2010, thanks [...]
One of the things you have to declare in Chapter 7 is any current executory (not fully performed) leases – either as the landlord or the tenant – as well as your other contracts. If these are month-to-month leases, there’s no problem. The tenant could move out with 30 days notice. But it’s a different [...]
Nice means test calculator at Nolo.com. As Nolo explains here, the means test is part of 2005 “reforms” of the bankruptcy law, designed to limit who can file for the Chapter 7 discharge. The means test compares a debtor’s income and expenses with regional standards, which makes it rather difficult to figure out if you [...]
A question I get a lot is “Will I be able to rent if I declare bankruptcy?” Or “will I ever get credit again?” The answer is, a bankruptcy isn’t great for your credit, of course, but it’s a hell of a lot better than a never-ending cascade of late and nonpayments.If you’re considering a [...]