Pandemic debt relief: Is bankruptcy right for you?

“It is a misconception that ‘once you file bankruptcy, you will automatically lose everything.’ The truth is that most people keep everything they have (homes, cars, bank accounts, retirement plans, etc.) and they lose nothing at all.” PEOPLE with overwhelming debt problems during this difficult time are asking a lot of questions. Are you scared…

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New California laws in 2021

HERE are 12 new California laws that take effect in 2021: • Potential COVID-19 Exposure Notification: Requires employers to promptly notify employees of potential coronavirus exposure. • Minimum Wage Increase: California’s minimum wage increases to $14 per hour for businesses employing 26 or more people and $13 per hour for businesses that have 25 or…

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How does the bankruptcy means test work?

WHAT is the means test in bankruptcy? It’s a method for calculating what your household income is to determine if you qualify for Chapter 7 or Chapter 13 of the bankruptcy code. By household income, we mean the combined income of husband and wife, if the debtor is married, unless they are separated. The means…

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Too much debt and don’t know what to do?

ARE your debts keeping you up at night? Are you always worried about money? Are you barely surviving and can’t even keep up with minimum payments on your credit cards? Do you wish to reduce or eliminate your debts but don’t even know where to start? If you are searching for debt reduction solutions, you…

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To people who are considering bankruptcy but are unsure

IF you are struggling with debt problems and are starting to feel hopeless about your situation because you are not getting anywhere in spite of your efforts, at what point do you consider filing bankruptcy as an option? Bankruptcy scares a lot of people, and that’s understandable because everything that they’ve heard about it from…

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Unusual Christmas this week

Friday marked Christmas Day as the the whole Christian world celebrated the birth of our Lord and Savior, Jesus Christ, 2020 years ago. Christians also celebrate the fact that God the Father, Yahweh, “I am who am,” who preceded all creation and who created everything chose a mere human, the Blessed Mother Mary, to be…

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Year-end tax plan for December 2020

WHILE we advocated accelerating deductions and postponing income in prior year tax plans, we cannot apply these traditional tactics anymore. Both COVID and a change of the guards at the White House dictate that we alter these strategies this year. 1. Georgia on our minds – Control of Senate If Democrats win both Georgia Senate seats, they…

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Protecting employees who take medications

When a drug test may constitute disability discrimination “Under California law and the Americans with Disabilities Act (ADA), an employee who is taking medication for a disability is protected from discrimination. Thus, if an employee’s drug test is positive for controlled substances but such substances are due to medication prescribed for a disability or medical…

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Are you paid less due to your gender or race?

“The California Fair Pay Act (aka the Equal Pay Act) prohibits an employer from paying any of its employees wage rates that are less than what it pays employees of the opposite sex, or of another race, or of another ethnicity, for substantially similar work, when viewed as a composite of skill, effort, and responsibility,…

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A tale of 2 seniors in financial distress

Chapter 7 for senior No. 1 Senior one is 73. He has been separated from his wife for 30 years but not divorced. So, for all intents and purposes, he is single because even if his wife makes a ton of money, her income is irrelevant under the means test since client does not benefit…

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Do you have too much debt and not enough income?

ARE your growing debts starting to worry you and cause you sleepless nights? Are you trying hard to pay what you can every month but feel like you’re just running on a treadmill and not getting anywhere? Do you dread getting those credit card statements every month knowing that you don’t have the money to…

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Paying for all hours worked for non-hourly employees

AMERICAN Income Life Insurance Co. sells insurance policies in California. It hires agents that it pays on commission. David Hamilton, Bridget Smith, and David Joh worked for American Income as agents. They each believed that they would be a salaried worker when they first applied, but later found that they would be paid in commission…

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Is bankruptcy right for you?

SURE, there are alternatives to bankruptcy. But bankruptcy is the only solution that provides viable debt relief for those who are unable to repay their debts. Some people sign up for debt settlement and find out after having paid into the pot that they have been sued by several creditors despite attempts by the debt…

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Getting paid correctly for working on holidays

“The law does not require payment of overtime or other special premiums for work during holidays, unless such work goes beyond 8 hours per workday or 40 hours per workweek.” Q: I WORKED on Thanksgiving Day and the Day after Thanksgiving. Am I entitled to holiday pay? A: Around this time of year, we get…

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IRS has 2 million unopened mailed returns this tax season

THE Internal Revenue Service has about 2.5 million of unopened paper-filed income tax returns. Total pieces of mail (including income tax returns) stands at about 5 million pieces. This number is even down compared with 12 million in June and 23 million pieces in March 2020. Amusing, but listen. IRS Commissioner Charles Rettig described the…

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Seniors need Chapter 13 as they retire

THE seniors are husband and wife aged 70 and 65. The wife is a young and healthy 65, while the husband is a healthy 70 who still looks strong. Both are still working with good income. The husband grosses about $100,000 a year and the wife grosses about $70,000 a year. With $170,000 gross for…

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Stock losers in a Biden presidency

THE expected Blue Wave for Democrats did not happen. Republicans kept control of the Senate. This forms a split government with Democrats at the White House and Lower House while Republicans remain in control of the Senate. This limits President-elect Biden’s full-blown venture into tax and healthcare programs. Energy Regulation of the oil and gas…

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Stock winners in a Biden presidency

THE projected Democrat Blue Wave did not materialize as Republicans kept control of the Senate. This limits what President-elect Joe Biden can do. It restrains his ability to significantly increase taxes or impact health care and climate legislation. Technology In a split Congress with a Republican Senate and Democratic house, technology stocks will perform well in a…

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The future of gig work after Prop 22

Independent contractor status harm most workers With nearly $200 million in funding from app-based companies like Uber and Lyft, California’s Proposition 22 was voted into law by Californians. It is now legal for these app-based companies to classify their drivers as independent contractors (ICs). This means that these drivers are no longer covered by the…

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