East Bay Bankruptcy Law & Financial Planning

If your New Year's Resolution is a financial one - whether that's saving more money, balancing your checkbook more frequently, or putting together a budget you will stick with - I suggest you start with one task. Review your 2020 income and expenses. The story of this year, or 2019, or 2018, can be found in raises or job loss, major car repairs, a home purchase, or even lowered childcare costs because your daycare has been closed for 9 months. ... These will all be found in your receipts, your bank account and credit card statements, and your FB memories. Reviewing the bills puts you in charge, which is where you should be.

Our federal District Court will be participating in a pilot program to livestream its court proceedings. Here is the official announcement. During the SIP orders, you can also listen to the proceedings in Contra Costa County, since the press and public cannot attend hearings in person at the moment. Co Co Cty's audio information is available on its website, broken down by department.

This week, both the local Superior Court and the Bankruptcy Court held Town Halls, with updates for practitioners. The Contra Costa County Superior Court has mostly closed its doors to in person hearings. However, they are set up for Court Call and Zoom. Check the calendar on their website. The Bankruptcy Court's in person hearings continue to be suspended through 3/1, but the court indicated today that they would be "surprised if we were in person on 3/2," so continue to... check the District Court and Bankruptcy Court websites for more details. E-mail continues to be the best way to reach the UST and most of the 7 and 13 offices. They also offered a word of advice to practitioners - use the slow time to update your electronic records, look at cloud computing, go over zoom and court call procedures with your clients, and take care of yourselves.

FYI - bankruptcy filing fees are going up a few dollars.

I am a big fan of checking on your tax withholding throughout the year. Here is a tax tip from the IRS about getting your paperwork ready and checking your taxes now so you aren't surprised in the spring. https://go.usa.gov/x7puA

https://www.irs.gov//people-should-have-tax-withheld-from- The IRS posted a tax tip this week reminding folks that unemployment compensation is taxable. If you are receiving unemployment, you should check to see whether the EDD is taking taxes out. If not, you can pay estimated taxes directly to the IRS or file a Form W-4V. As with all tax advice, your circumstances may differ, and you should talk to a tax professional every time your income or expenses change.

Looking to update your resume or get a new job? Check our the upcoming Zoom programs offered by local nonprofit Opportunity Junction. https://opportunityjunction.org/bootcamp

Having email and website difficulties. My IT guy is working on it, but phone may be the best way to reach me today and tomorrow.

August office update School is back in session, which means I have a few changes: 1 - For the time being, the phone will be muted in the morning. Voicemails will be returned in the afternoon. If you want to reach me live, I suggest calling me after 1pm or e-mailing me.... 2 - My physical office is still closed in conjunction with shelter in place orders, so please continue to send all mail to the P.O. Box. 3 - The bankruptcy court has expanded its Zoom hearings and is continuing to hear all matters virtually. 4 - The bankruptcy court updated its e-signature rules again on July 27th. Sign, scan, and send continues to be the preferred method of remote signing (allowed by local rule); for other remote signing methods, the attorney must obtain a wet signature immediately and keep it on file. See Second Amended General Order 39 and BLR 5005-2(d) for specific details on what is and is not allowed. See more

Keep track of checks that haven't cleared. With online banking and account balances available at the push of a button, it can be easy to think that the amount shown is the actual amount available to you. Unfortunately, your bank doesn't know what checks you have written that have not yet cashed. At least once a month, reconcile your bank accounts with your checkbook and make sure all of your pending checks have been cashed. If not, make a note that you actually have less money in the bank, so you aren't tempted to spend the money that will eventually go elsewhere.

Today I learned that BART has a chart to show which trains are the most crowded during the previous week, so that folks can change their schedule if they want to avoid crowds. Here's the link: https://www.bart.gov/schedules/crowding

Some of the local school districts started the schoolyear already, with the rest trickling in over the next few weeks. Normally I would remind you to be careful during school commute hours. Instead, I am going to warn you about the 10-10:30 slot and the lunch hour. Our schools want our kids to do well during distance learning, and they know they need to be active to do that. Expect kids to be running around during their morning recess and lunchtime. Also, don't be surprised if you see groups of 3-5 kids playing together in the afternoon. Parents are forming small cohorts to add extra PE, art, STEM, and social interaction to the curriculum.

The CA Supreme Court case In re: Brace came down today. Here is my takeaway. If you are married and own property as joint tenants, the court may deem that property actually community property. - If you want it to be treated as joint tenants talk to an attorney. - If you want to make sure that it will be treated as community property even if titled as joint tenants, talk to an attorney. ... - If you have no idea what I'm talking about, but you and/or your spouse own property, talk to an attorney. What type of an attorney? A real estate, estate planning, or family law attorney (they do more than just divorces) can probably help you out. Why should you care? Property ownership can mean many things, including whether your creditors can touch it, who gets what during a divorce, who gets what if you file a bankruptcy, and who gets what when you die. As someone who has gone into a signing appointment and found that the deed was incorrect - don't worry, they fixed it, and it was the bank's fault not the title company - I know how easy it is to sign something without realizing you might be giving up rights, so make sure you hold title the way you and your spouse always intended it to be and talk to an attorney about what additional paperwork you may need to prove that your decision is actually your decision.

Two financial tips this morning: 1. It's tax week, so make sure your 2019 tax returns are filed on time or you request an extension. 2. If you deferred your mortgage payments for 3 months, remember to contact your lender to determine when you will need to make those payments up.

Looks like the FHA is offering a standalone junior to repay Covid-related deferred payments. Here's more info: https://www.fha.gov/covid-19.html

I attended a videoconference put on by the bankruptcy court's Bench-Bar Liaison Committee today. Here are some of the highlights: - The Chief Judge wanted everyone to know that the Bay Area bankruptcy courts are open for business, even though the physical locations are closed, so you can still file cases, have motions heard, and get your discharge. - The UST's office said to expect an order continuing the remote appearances for trustee meetings through the Fall.... - A Chapter 7 trustee offered some suggestions for practice, including suggesting that attorneys implement long-term electronic document transfer systems and recommend that clients use scan apps rather than cameras for sending documents to counsel. - A Chapter 13 trustee reminded us that the CARES act defines the terms for a plan extension beyond 60 months and to look to the Act when determining who qualifies and what to include in our declarations. They also had a Q&A portion, which was helpful. Overall, it was a great program, and I'm glad I figured out how to use Microsoft Teams in time to log on.

June update: Teleworking is still being encouraged by the County Health Department, so I am continuing to work from home. The Northern District of CA Bankruptcy Court is hearing matters telephonically or via videoconference. They announced last week that they will continue to do that through the end of September. They continue to use one mailing address for all 4 divisions, they have added a second dropbox for paper filing, but the best way to file is still electronically. ... Contra Costa County Superior Court opened its doors last week. They have started hearing the small claims, civil, and other matters that were continued prior to the Covid closures. The hours are different and some matters will be heard telephonically, so check the court's website for the latest details.

As expected, Contra Costa County Superior just announced their reopening date (May 26th) and information on hours, health and safety requirements, and the return of jury service. http://www.cc-courts.org//PressRelease-COVID19-05-13-20.pdf