Welcome to Faucher & Associates – Legal Solutions to Financial and Tax Problems

We focus on tax and bankruptcy law in Southern California: helping local debtors get discharged from debt, particularly tax debt; helping to lower tax debt via challenges to IRS determinations at audit and litigation stages; helping creditors recover what they are entitled from bankrupt estates; helping settle disputes between debtors, creditors, and bankruptcy trustees.  We know the tax and bankruptcy codes and the people who make these processes work.

  Call 818/889-8080 now to find out how we can help with your financial, tax, and legal problems.

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John Faucher consulting a clientJohn Faucher, principal of the firm, practices at the intersection of tax and bankruptcy law because he finds this legal practice offers an invigorating mixture of client counseling, problem solving, court appearances, litigation, and helping people in difficult circumstances.  Before going into private practice in 2009, John worked for almost a decade as an attorney for the U.S. Treasury Department, Internal Revenue Service.  While there, he defended IRS tax audits in tax court and represented the IRS in bankruptcy proceedings.  John has also worked as corporate counsel for Coastal Corporation in Houston, Texas, and for other private partnerships.  In 2014, John earned a Certificate of Specialization in Bankruptcy Law from the State Bar of California.

2014-08 JDF photoIn larger bankruptcy and tax issues, John Faucher often teams up with other attorneys with expertise in these areas.  Please see Our Attorneys for more information on the attorneys with whom we routinely associate.

 Download the  free Tax Audit Trail Pamphlet Here.


I Don’t Do Magic

I don’t do magic (despite owning four bunnies that I could pull out of a hat). I say this because I occasionally have a client who has heard of a legal maneuver to solve her problem, yet is too good to be true.  In a particular case, my client faces a foreclosure on her home […]

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IRS Substitute for Return (SFR) Isn’t Always Nondischargeable

Debtors can discharge their taxes in bankruptcy so long as they meet certain tests: the three-year test, the two-year test, the 240-day test and no fraud. I lay it out in the first paragraphs here  and in the last paragraphs here . One of the tests is that the return has to have been actually […]

Posted in Audits, Tax Collection Issues, Taxes | Comments Off

When Dealing with the IRS, More Documentation is Better than Less

There are hundreds of strategies for handling IRS issues. But not all strategies are as effective as others. A car-repair owner got audited and brought his tax-return preparer (Jim) to handle the audit. The preparer said to give the IRS as little information as possible . “The IRS won’t want to go to trial, and […]

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What’s a Taxpayer Thinking, When S/he Tries to Evade a Tax?

If the government can prove that you “willfully attempted in any manner” to “evade or defeat” a tax, then you cannot discharge that tax debt in bankruptcy. 11 U.S.C. 523(a)(1)(c).   I’ve always seen this as a very low bar for the IRS to prove, because the elements are simple: 1) the taxpayer had a duty […]

Posted in Asset Protection, Bankruptcy Procedure, Tax Collection Issues, Taxes, Uncategorized | Comments Off

Wells Fargo: Worst Bank EVER, Part III

I took a client through a chapter 7, and got her a discharge.  She and I were done, and she had no more personal debt. Then she sought a loan modification with Wells Fargo. I knew that she was doing a loan modification because Wells Fargo sent me dozens of letters saying that this is […]

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Wells Fargo: Worst Bank EVER, Part II

If you have more than $5,000 in your Wells Fargo checking account when you file a bankruptcy petition, be prepared. Wells Fargo will freeze your account until the bankruptcy trustee tells them it’s okay to release it. This is due to strict reading of the law. Legally, when you file bankruptcy, you turn over ownership […]

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Wells Fargo: Worst Bank EVER?

I don’t like Wells Fargo Bank. Its policies make it impossible to think well of it. I try not to do loan modifications for clients because all banks are reluctant to negotiate them. Banks are forced to do so by well-meaning statutes. Evidence of the banks’ dislike is widespread: just open the newspaper to find […]

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To the IRS, Every Tax Period Stands on Its Own

I received a call recently from someone already represented by a tax attorney, but who wanted my opinion on whether there was anything his attorney could have done to avoid the following, very unfortunate situation.  John Barrett owed a bunch of employment taxes on his own. He tried to make arrangements to pay them, and […]

Posted in Tax Collection Issues, Tax Litigation, Taxes | Comments Off

It’s Not Easy Dealing with the Franchise Tax Board

My clients owed the California Franchise Tax Board (FTB) $8,000 for the  2011 tax year; they filed their return late, and couldn’t pay it all at once. The FTB sent a notice that it was about to levy – standard procedure, it wants to get paid, let’s scare the taxpayers into making an agreement to […]

Posted in Bankruptcy Procedure, Collection Law, Tax Collection Issues, Taxes | Comments Off

Who Really Owns Your Debt?

I deal a lot with bill collectors.  Here is an eye-opening description of how their business works. Settling a debt can be . . . .unsettling.  If some unknown company collects on a credit card debt that’s five years old, how do you know that the collector actually has the right to collect that debt […]

Posted in Abuse, Bankruptcy Aftermath, Collection Law, Credit Cards | Comments Off