Malcolm Ruthven

4040 Civic Center Dr. Suite 200
San Rafael, CA 94903, United States

  • 415-342-4666
  • 415-869-6645

Congress pretty much eliminated bankruptcy in 2005. Wrong!

The rumor is still going around that Congress pretty much eliminated bankruptcy with the new bankruptcy laws of 2005. Nothing could be further from the truth. Let's take a look at what the truth is about bankruptcy after 2005…more
| Bankruptcy

Divorce, property settlements, and bankruptcy. Oh my!

There's nothing simple about divorce and bankruptcy. We'll peel off one leaf of that very large subject and see what can happen if someone files bankruptcy after a divorce with a property settlement…more
| Bankruptcy, Family Law

My credit card company "wrote off" my debt. Can I stop worrying about it?

That's a common question that people ask me when they contact me to discuss bankruptcy. The short answer is "No". We'll look at why that is so in this article…more
| Bankruptcy

If I file for bankruptcy, will I lose everything I have?

The short answer is a resounding NO. We'll explore the longer answer in this article…more
| Bankruptcy

I have more money than I can protect from creditors when I file bankruptcy. What should I do?

Congratulations! You're not one of the many people who "go through" everything they could have kept when they file a bankruptcy, so they lose a large benefit of the bankruptcy Fresh Start. You have the opposite problem. How do…more
| Bankruptcy

How much money can I keep in my checking account when filing bankruptcy?

I'll soon be filing a Chapter 7 bankruptcy. How much money can I keep in my checking account without losing it? Here's the deal. The trustee assigned to your bankruptcy gets to take your property, including money, for the…more
| Bankruptcy

My parents died and now their creditors are calling me to pay their debts!

When your parents die owing money, are you responsible for paying that money back?…more
| Bankruptcy, Wills, Trusts, & Estate Planning

Will bankruptcy get rid of all my debts? Maybe not...

Bankruptcy provides a Fresh Start for many people, but it might not get rid of some of your debts. Why not? Because Congress felt that it was best to not allow some types of debts to be discharged (gotten rid of) in bankruptcy…more
| Bankruptcy

What's keeping you from filing bankruptcy?

You're in financial trouble, have considered filing bankruptcy, but haven't taken any steps toward it. What's holding you back? If you're like many of my clients who wished they had done it sooner, it's likely some of the…more
| Bankruptcy

Owe way more on your car than it's worth? A Chapter 13 bankruptcy might fix that.

If you, like many people, owe way more on your car than it's currently worth, then a Chapter 13 bankruptcy might be able to fix that for you. Should you file a Chapter 13 bankruptcy (the "payment plan" type of bankruptcy) for…more
| Bankruptcy

Can I file bankruptcy if I have gambling debts?

The short answer is yes, you can file bankruptcy. But then you have to ask if that will discharge (get rid of) those gambling debts. The answer to that depends on in what state you gambled and ran up those debts…more
| Bankruptcy

Owe way more on your car than it's worth? A Chapter 7 bankruptcy might fix that.

Last week we looked at how a Chapter 13 (payment plan) bankruptcy might help when you owe way more on your car than it's worth. Today we look at how a Chapter 7 (get rid of debts quickly) bankruptcy might help in this situation…more
| Bankruptcy

Ex-husband charged on credit card and is not paying. Is it bankruptcy for me?

Ex-husband kept one credit card, I kept another. Both of us signed onto both cards. He charged $30,000 on "his" card and is not making payments. That credit card company is coming after me. Am I responsible for his charges on…more
| Bankruptcy

I gave my car to my brother and now I'm ready to file bankruptcy. Wrong!

If you gave your car to your brother and think you're ready to file bankruptcy, you are about as wrong as wrong can be…more
| Bankruptcy

Retirement Plans Are Your Saving Grace in Bankruptcy

Why do I say retirement plans are your saving grace in bankruptcy? Because you can (almost always) keep all of the money in them if you file bankruptcy, not losing it to your creditors. Let's look as what that means for you…more
| Bankruptcy
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