Law Offices of Michael J. Primus

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The Continuing Problem of Identity Theft

March 25, 2023 by primuswebadmin

Identity theft is rampant. In fact, January 2023 in an ironic twist Norton Lifelock, the largest consumer cyber security platform in the world with over 80 million users worldwide disclosed a data breach subjecting some customers to potential identify theft. In this post, I discuss what identity theft is, how it occurs, the impact it can have on people, what steps can be taken to protect against it, and provide additional resources.

What is Identity Theft?

Identity theft is the act of stealing someone’s personal information for the purpose of committing fraud or other illegal activities. This information can include a person’s name, social security number, driver’s license number, credit card information, and more. Once a thief has obtained this information, they can use it to open new credit accounts, make purchases, apply for loans, and commit other fraudulent acts.

How Does Identity Theft Occur?

Identity theft can occur in a variety of ways. One of the most common methods is through phishing scams, in which an attacker sends an email or text message that appears to be from a legitimate source (such as a bank or government agency) and requests personal information. Other methods include hacking into databases that contain personal information, stealing mail or trash that contains personal information, and stealing wallets or purses.

The Impact of Identity Theft

The impact of identity theft can be significant and long-lasting. In addition to financial losses, victims may experience damage to their credit score, difficulty obtaining credit or loans, and even legal troubles if the thief commits crimes in their name. Identity theft can also be emotionally distressing, as victims may feel violated and vulnerable.

How to Protect Against Identity Theft

Fortunately, there are steps that individuals can take to protect against identity theft. Some of these steps include:

  1. Monitoring financial accounts regularly: By keeping an eye on bank and credit card statements, individuals can quickly detect any fraudulent activity.
  2. Shredding personal documents: Before throwing away any documents that contain personal information, such as credit card offers or bank statements, it is important to shred them to prevent thieves from obtaining them.
  3. Using strong passwords: When creating passwords for online accounts, it is important to use a combination of letters, numbers, and symbols, and to avoid using easily guessable information such as birthdates or names.
  4. Being cautious with personal information: Individuals should be careful about sharing personal information online or over the phone, particularly with unknown sources.
  5. Freezing credit reports: By freezing credit reports, individuals can prevent new accounts from being opened in their name without their permission.

Conclusion

Identity theft is a serious crime that can have significant consequences for victims. By taking steps to protect personal information and monitoring accounts regularly, individuals can reduce the risk of becoming a victim of identity theft. It is important to remain vigilant and take action quickly if any suspicious activity is detected. By working together to combat identity theft, we can help protect ourselves and from this type of fraud.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in northern California and have debt problems, contact us for a free consultation.

Additional resources:

www.identitytheft.gov/#/

www.consumerfinance.gov/consumer-tools/fraud/answers/key-terms/#identity-theft

Filed Under: Blog, Credit

New law makes it easier to file bankruptcy without your spouse

March 19, 2023 by primuswebadmin

In California, individuals filing for bankruptcy can choose between two sets of exemptions: CCP 704, which applies both inside and outside of bankruptcy, and CCP 703.140, which is only available in bankruptcy. When filing for bankruptcy, individuals must choose one of these exemption sets. Exemptions are often referred to as necessities of life and are discussed elsewhere in my blog in more detail.

For those without real property, California’s 703 bankruptcy exemptions are advantageous because they include a “wild card” or “grubstake” exemption that currently allows for the protection of up to $33,650 (as of January 2023) in any type of asset, including cash.

However, until recently the law stated that a married person filing for bankruptcy without their spouse cannot select the 703.140 exemptions without their spouse’s consent. This requirement was originally intended to ensure that a spouse filing for bankruptcy alone would claim the house exempt under 704.

The issue arises when the non-filing spouse cannot be located or chooses not to consent to the other spouse selecting the 703 exemptions, including the wild card exemption. To address this problem, recent amendments have eliminated the need for an estranged spouse’s consent to the election of 703 exemptions, provided that the couple does not jointly own a house that can be claimed exempt under the 704 exemptions, which offers a much larger homestead exemption. This change is found in CCP 703.140(a)(2)(B).

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free consultation. 

Filed Under: Blog, Marriage & Divorce

Will I lose my 401(k) or IRA if I file bankruptcy?

March 15, 2023 by primuswebadmin

The short answer is no. People often assume filing bankruptcy means the system will take a 401(k) or IRA to repay debts, but the truth is the law safeguards 401(k) plans and IRAs along with just about everything most people in northern California have as necessities of life.

This includes union pensions, 401(k)s, 403(b)s and IRAs. For IRAs (including Roth IRAs) the protection is limited to just over 1.5 million per person. If you have more than 1.5 million in your retirement accounts bankruptcy may not be the best choice for you. This limit is adjusted every three years to account for increases in the cost of living.

A word of caution, once money is withdrawn from a 401(k) or an IRA it will no longer be considered retirement, and for that reason will be treated differently which is not necessarily a problem. If you are considering withdrawing money from a 401(k) or an IRA to resolve debts issues, you should consult a bankruptcy attorney. Often bankruptcy will forgive debts while allowing a person to keep their retirement.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free consultation.  Offices in Walnut Creek, Antioch and Hercules.

Filed Under: Blog

SBA Loans Can Be Forgiven In Bankruptcy

March 12, 2023 by primuswebadmin

During the Pandemic, lots of businesses borrowed money from the U.S. Small Business Administration (SBA) to stay in business. Small loans below $25,000 didn't need any security, but larger loans needed businesses to give something valuable as a guarantee.
If a business borrowed more than $200,000, the SBA required someone to personally guarantee the loan. This means that the person guaranteeing the loan and the business itself are responsible for paying it back. If the business closes, that often leaves the individual responsible or some might say on the hook. In 2023, these loans started coming due, and many businesses are finding it hard to repay them, even though the interest rate is low.

If a business or individual can't repay an SBA loan and has to declare bankruptcy, it's possible to discharge the loan in most cases. SBA loans are treated the same way as other debts in bankruptcy. Most businesses took out SBA loans with the intention of saving their business and repaying them. Unfortunately, because of the ongoing economic crisis and high inflation, many businesses are unable to repay these loans. If this is the case, it shouldn't be a problem to discharge the debt in bankruptcy.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Northern California and have debt problems, contact us for a free phone consultation. 

Filed Under: Blog

The California Homestead Laws are a Shield for Homeowners

February 26, 2023 by primuswebadmin

The California Homestead laws protect a person’s home from non-mortgage creditor claims in and out of bankruptcy.  The homestead laws are part of a broader set of laws called exemptions.  In addition to the homestead, the exemption laws protect household goods, furniture, vehicles, retirement and much more.   The homestead is the largest exemption and protects the most important asset, your home.  As good as that sounds, the homestead has conditions and limitations.

Your Home – The homestead only applies to real estate you own and live in.  You do not need to be the only owner to claim the homestead, meaning it is not a problem if there is someone else on title with you or living in the home with you.  Similarly, it is not a problem if you rent part of the house to someone else.  The idea is to protect the roof over your head.

Value Limitation –  The homestead protects realizable equity of up to $678,000 (as of January 2023) in most Bay Area Counites.  Realizable equity is the amount of money you would receive if the house was sold, meaning after payment of real estate commissions and all mortgages.  For example, assume your home is worth $700,000 and you have a mortgage with a principal balance of $300,000.  The calculation is $700,000 minus estimated commissions of $42,000 would leave $658,000 and after payment of the mortgage of $300,000 the realizable equity is $258,000.

No Foreclosure Protection – The homestead does not protect your home from foreclosure by a mortgage lender.  This means if your mortgage payments are delinquent and the lender is threatening to foreclose, the homestead laws will not help you.

No Protection from IRS liens – The homestead does not protect against federal tax liens.  This means tax liens can be recorded and enforced despite the homestead.  Note: many liens that impair the homestead can be removed in bankruptcy but not a tax lien.  Fortunately, the IRS almost never attempts to sell a person’s home to satisfy an unpaid tax debt, even huge tax debts.

The homestead in bankruptcy – The homestead is most powerful in the context of chapter 7 bankruptcy.  The homestead laws protect your home from being sold to satisfy debts like credit cards, payday loans and medical bills.  The homestead, in conjunction with the bankruptcy laws, can even remove judgment liens from the title to your home.  The homestead also offers protection in chapter 13 bankruptcy.

The homestead outside of bankruptcy – If a non-mortgage creditor (credit card, payday loan, medical bill) obtains a judgment against you, and attempts to sell your home to satisfy the judgment you are entitled assert the homestead as a defense.  Most creditors are well-versed in the homestead laws and do not bother trying to sell a person’s home to satisfy a judgment.

In summary, the homestead laws shield your home from most creditor claims and are most powerful when used in combination with bankruptcy.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

Filed Under: Bankruptcy, Blog

Will I lose my retirement if I file bankruptcy?

October 25, 2021 by primuswebadmin

There are many misconceptions about bankruptcy, amongst them is the notion that people lose everything if they file bankruptcy.  Fortunately, the bankruptcy laws are designed to give the honest but unfortunate person a second chance.  To facilitate that goal, the law allows bankrupt consumers to retain necessities of life.  The legal buzzword for necessities of life is exemptions.

The exemption laws allow people to keep Social Security as well as tax deferred retirement accounts and other assets.  Tax deferred retirement accounts include 401k plans, 403b plans, IRA’s, pensions and almost any type of employer or union sponsored retirement.  Often in the midst of financial turmoil people consider taking a retirement withdrawal to pay credit cards, payday loans or other debts.  For some, taking a retirement withdrawal is the best choice but that choice should be made with a clear understanding of all options including bankruptcy.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

Filed Under: Bankruptcy, Blog

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From the Blog

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If my wages get garnished, how much can they take?

May 29, 2025

Will I lose my job if I file for bankruptcy?

April 23, 2025

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Determining if bankruptcy is right for you requires specific guidance from an attorney because each situation is different.
The information here is general in nature and is not a substitute for an in office consultation with a lawyer.