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On September 18, 2020, Governor Gavin Newsom signed AB 1885 into law. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1885. The new legislation gives homeowners added protection against efforts to collect a debt by forcing the sale of the debtor’s home. Until now only a relatively small portion of the equity in one’s home could be protected from collection of a debt. […] The post New Law Gives California Homeowners More Protection from Debt Collectors and Bankruptcy Trustees appeared first on Mark E. Brenner, Counselor at Law.

If you or someone you know is held back because of suffocating student loan debt, help may be the way.  Lawmakers in Washington introduced a bill last week that would make it easier for student loan borrowers to cancel their debt in bankruptcy. The measure, which is supported by 14 Democrats, one Republican and one […] The post Student Loan Debt Relief is Coming appeared first on Mark E. Brenner, Counselor at Law.

Welcome to our new website! This site has been professionally designed to be responsive and mobile friendly, so it looks great and is accessible no matter what type or size of device you are using. Our new website also has an integrated Client Portal, meaning you are able access your case documents, correspondence and calendars […] The post Welcome to our new website! appeared first on Mark E. Brenner, Counselor at Law.

Some people think that when they file for bankruptcy all their property will be sold to pay their creditors and they will be left with nothing. Not true. There are state and federal laws which “protect your stuff.” In most cases, you get to keep everything, and what allows you to do that is called […] The post Do it Yourself Bankruptcy: How to Keep Your Property, Part I appeared first on Mark E. Brenner, Counselor at Law.

Written into the new bankruptcy law is an important message.  Section 527(b) of the Bankruptcy Law says If you pay anyone to help you prepare the petition, the law requires that you be given a written contract setting out what that person will do for you and how much it will cost.  Generally a non […] The post Do it Yourself: Something to know before filing bankruptcy appeared first on Mark E. Brenner, Counselor at Law.

Even if you forgot to list a creditor on your Chapter 7 bankruptcy, the debt may still be wiped out. This statement seems to go against all logic. After all, as most creditors would argue, it doesn’t seem fair that a debt not listed in a bankruptcy should be discharged. Where is the notice, the […] The post Bankruptcy Bullets: Debts Not Listed on a Bankruptcy Can Still be Forgiven appeared first on Mark E. Brenner, Counselor at Law.

While 2015 saw 930 new laws enter the books in California, I found only 3 relate to consumer debt. Here is a summary with links to the actual laws: Medical Services on Credit (SB 1256) makes it illegal for a health care provider to arrange for financing a procedure to a patient who has been […] The post 3 New California Consumer Debt Laws for 2015 appeared first on Mark E. Brenner, Counselor at Law.

A lien is a legal right to take possession of property belonging to another person until a debt owed by that person is paid, forgiven or discharged. The word comes from an older word meaning “to bind,” which explains how the concept works in today’s world: it “binds” or ties up a debtor’s property until […] The post What is a Lien? appeared first on Mark E. Brenner, Counselor at Law.

One of the most common misconceptions is that a bankruptcy will not eliminate back income taxes.  While some taxes. such as payroll taxes and tax penalties for fraud cannot be wiped out, income taxes, both state and federal, can be discharged under certain circumstances. Assuming no fraud was involved, such as using a false social security number […] The post Eliminate Income Taxes in Bankruptcy appeared first on Mark E. Brenner, Counselor at Law.