Malcolm Ruthven

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

  • 415-342-4666
  • 415-869-6645

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

File your taxes on time. That's an order!

OK, so I was kidding a bit, but not much. Notice that I didn't say that you needed to pay those taxes (maybe you can't), but you need to file them on time. The point is, in the event that later on you consider filing bankruptcy,…more
| Bankruptcy, Taxation

In bankruptcy, up is down and black is white!

I often tell clients that bankruptcy reverses everything, what's good becomes bad and vice versa. It's as if you've entered Alice's Looking-Glass world. Why do I say that? Let me count the reasons ……more
| Bankruptcy

Beware your credit union when filing bankruptcy!

Have you dealt with your local credit union for a long time and think they're your friend? If you're thinking about filing bankruptcy, you may be in for a surprise. Why do I say this? Let me count the reasons..…more
| Bankruptcy

Is a creditor suing you? Consider that a wake-up call.

Last week we looked at what actions you might take if a creditor sues you. Today we'll take a quick look at treating that lawsuit as a wake-up call…more
| Bankruptcy
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