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Questions Answered by David S. Greenberg
4 Answers | Asked in Bankruptcy for California on
Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

I have heard that I may be able to keep my car even though it's worth $2000 more than the $3530 exemption by using the silent exemption but I have no idea what it is and how to use it.

David S. Greenberg
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David S. Greenberg
answered on Nov 4, 2018

You are referring to the wildcard exemption of up to $28,225.00. You can use this exemption for any purpose, includin your $2,000.00 vehicle equity.

You can then use the remaining wildcard exemption of $26,225.00 as needed.

Please note that this is available if you are not using a...
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2 Answers | Asked in Tax Law for California on
Q: Is husband liable for Wife's tax debt when filing separately in a community law state?

My wife and I are married and filing separate returns in a community law state. She owes $7,000 in taxes and I owe 1,000. If she defaults, will IRS go after me to collect part of her debt? Are our debts considered community or separate?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Aug 15, 2018

In a community property state, your wife has a community interest in your income. The IRS therefore has standing to engage in enforced collection by way of levy of your wife's community interest in your income.

A separate property agreement would protect you from such enforced...
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3 Answers | Asked in Criminal Law and Tax Law for California on
Q: I'm being followed by helicopters and drones

Voicemail message from the IRS criminal investigation announced that they have a arrest warrant for me

David S. Greenberg
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David S. Greenberg
answered on Aug 2, 2018

The call is a scam. There is no cause for concern whatsoever.

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4 Answers | Asked in Bankruptcy for California on
Q: I filed bankruptcy in Pro per, I now need to find a attorney to help me as I now have a adversarial filing within case

In searching for an attorney I am being turned down because the advasary has consulted with so far 8 out of 10 I have contacted. Is this legal?!? I find this crazy that I am having this much trouble finding and attorney!?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jul 12, 2018

If your bankruptcy case was filed in the Southern District of California, I may be able to help you.

I invite you to call my office to schedule a free consultation.

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4 Answers | Asked in Bankruptcy for California on
Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?
David S. Greenberg
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David S. Greenberg
answered on Jul 10, 2018

When you file the bankruptcy petition, there comes into existence an automatic stay order which prevents creditors from contacting you.

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4 Answers | Asked in Tax Law for California on
Q: Social Security and Pension garnishment

I am a single 65 year old. I have 6 figure liens by the IRS and State of California against me. I have no way to even attempt to settle these claims. They have been garnishing my $60,000 salary for 5 years now. I am getting ready to retire, and will be eligible for $2,000 a month in Social... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jul 10, 2018

The IRS can only levy 15% of your social security income.

The State of California cannot levy your social security income, but they will attempt to collect by levying your bank account. Legally, the social security funds in your bank account cannot be taken by the State of California, but...
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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
David S. Greenberg
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David S. Greenberg
answered on Jul 9, 2018

The number of children in your household comes into play in calculating household living expenses, which in turn is just one of the multiple factors required to undertake the means test evaluation.

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1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for California on
Q: Suit 4 disability discrimination&Pn-Suff A.I never worked for the company.B. Settled out of court. Tax help?1099?

I never work for the company so there's no hours or anything attached on the what's the best way for me to have them fill out the 1099 and what item and percentage or items and percentages should I put it on the 1099 I want to pay as little amount of taxes as possible

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 30, 2018

Taxpayers receive 1099s at the end of the tax year whey they receive any type of non-employee compensation,

The form is prepared by the person or company who pays the money.

You, as the recipient of the money, do not participate in the preparation of the 1099.

1 Answer | Asked in Tax Law for California on
Q: Can my settlement be taxes

Disability discrimination. . Paid and suffering . I never worked for the company . So no wages attached.

David S. Greenberg
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David S. Greenberg
answered on Jun 29, 2018

Neither the federal government (the IRS), nor your state, can tax you on the settlement or verdict proceeds in most personal injury claims. Federal tax law, for one, excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer's gross income.... View More

1 Answer | Asked in Tax Law for California on
Q: How much taxs am I responsible for in a 100k settlement?
David S. Greenberg
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David S. Greenberg
answered on Jun 27, 2018

It depends on the basis for the settlement. For example, personal injury, lost wages, workers compensation, etc.

Once you describe the type of settlement it was,

it will be easy to describe the tax consequences.

1 Answer | Asked in Tax Law for California on
Q: I am looking for a lawyer who can help with a transient tax situation I have with the City of Oceanside.

The attorney would need to be well versed in municipality's and dealing with city government.

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 21, 2018

Although I am in private practice now with regard to tax matters, I at one time represented the City of Oceanside.

I invite you to contact my office to schedule a free consultation . The meeting will afford the opportunity to discuss how my services may be of substantial benefit to you.

1 Answer | Asked in Tax Law for California on
Q: I got billed for CA LLC taxes that I do not owe.

I began and dissolved a single entity LLC in California which was only 5 weeks in duration Jan-Feb 2018. I immediately filed a 568 form for 2018 after dissolving it, declaring the business was short term and no business was actually ever done in it. Just a few days ago I received a bill with... View More

David S. Greenberg
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David S. Greenberg
answered on Jun 16, 2018

The FTB Taxpayer Advocate can provide you with assistance in resolving the issue.

Contact information appears at:

https://www.ftb.ca.gov/Contact_Us/tpa_problems.asp

2 Answers | Asked in Tax Law for California on
Q: If father is co-signer in car lease will his prop be st risk if a fed tax lien is placed on me during off in comp proces
David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 13, 2018

A federal tax lien attaches only to the property in which you have an ownership interest. Your father's status as a co-signer on your auto lease does not serve to place any of his property at risk with regard to your tax obligation.

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2 Answers | Asked in Bankruptcy for California on
Q: I filed for bankruptcy recently and it wiped out my unpaid hospital bills. If I need care at the same hospital again, do

they have a right to refuse treatment?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 11, 2018

It is unusual for a hospital to deny service after bankruptcy unless the patient demonstrates an inability to pay the new bill. If you have insurance or other form of guaranteed payment, the hospital will likely treat you.

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2 Answers | Asked in Tax Law for California on
Q: I am on social security (age -86), in CA and will be receiving a monetary inheritance from Norway. Do I owe tax?

I want to know if there are any taxes I will owe for receiving my inheritance (money) from another country (Norway) even though I collect social security.

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 8, 2018

Funds that you receive as an inheritance do not constitute taxable income.

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1 Answer | Asked in Tax Law for California on
Q: IRS tax question. The CSED for one of my tax years is coming up this July. Would getting a 120 day pay in full be good.

I owe 3 tax years will pay the other two off.

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 7, 2018

If you can obtain the 120 day hold, it will not impact the running of the CSED.

It's therefore quite appropriate to see if you can get the IRS to agree to the hold.

4 Answers | Asked in Bankruptcy for California on
Q: What are the requirements to file for Chapter 7
David S. Greenberg
PREMIUM
David S. Greenberg
answered on May 28, 2018

Are you having difficulty keeping up with your bills? Are you thinking how liberating it would feel if you could just call up a magic genie from a bottle and wish for no debt? Unfortunately, it's not quite that easy. But there are some federal laws that can help you manage or eliminate that... View More

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1 Answer | Asked in Tax Law for California on
Q: Can I get an extension to pay back taxes because I need to find an attorney?

I am a Vietnam veteran, who is 65 years old, and on social security. I owe many years back taxes in the state of California. I do not owe all the money they say I must pay. It is a complicated case. I want to know: if I tell them I need to find an attorney, by law, am I allowed more time to... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on May 8, 2018

I am a Vietnam veteran myself. Thank you for your service.

It's best to contact the California Franchise Tax Board by phone and request a 30 day hold on collection.

They will ordinarily grant such a request.

Then immediately establish contact with a skilled tax attorney...
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2 Answers | Asked in Tax Law for California on
Q: Unfilled Taxes for 2013 & 2014. IRS filled “substitutes for return”, and sent me notice of deficiency for 46,000$.

I have received a "Notice of Deficiency" from IRS, for over $46,000! I did not file my taxes for the years 2013 and 2014. Hence, IRS filed my taxes for me. They filed as "married filling SEPARATELY", and didn't claim any deductions. 


If the taxes are filed as... View More

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Apr 20, 2018

The Notice of Deficiency will set forth the deadline for filing a timely petition with the US Tax Court.

Filing such a petition is the best approach to insure that you are adequately protecting yourself.

The filing of the petition will generate a settlement conference with the IRS...
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1 Answer | Asked in Bankruptcy for California on
Q: I failed to get return receipt on my certified letters to creditors to stop calling...should I resend?
David S. Greenberg
PREMIUM
David S. Greenberg
answered on Apr 20, 2018

There are occasions when the creditors fail to honor such a request, whether it's sent certified or otherwise.

In any event, you have nothing to lose by resending the notices, other than the cost of postage.

It should be noted that once you file your bankruptcy petition, the...
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