When it comes to giving legal representation, you want to do the best possible job for your client. That person is counting on your diligence and expertise, and the outcome of the case can have a drastic impact on their life. If you’ve ever needed to hire a lawyer, you probably empathize — you know how important the result of the case can be. That’s why it’s important to me, as an attorney, to look at my peers to appreciate and internalize what makes them so good at what they do. Continue reading
Short Answer: YES — but only in a Chapter 13.
If you own real estate with a second or other subsequent mortgage, chances are you can remove that lien in a Chapter 13 bankruptcy case. In many instances, at least locally in San Diego County, we are seeing real estate values decline dramatically. With real estate declining as much as it has, most second and other mortgages beyond the first are wholly unsecured.
You want to cancel your credit card. Before you pick up your scissors, know this: canceling a credit card the right way involves more than simply snipping it in two. It requires you to follow specific steps to close the credit card account for good with the least damage to your credit score.
When a debtor is delinquent, most creditors will attempt to collect payment of debts via telephone calls and letters before escalating to more extreme forms of collection methods. Should a debtor continue to provide payment in response to a creditor’s attempt to get payment from him, as a last resort, the creditor could go to court and get a Judgment and then follow‑up with a paycheck/wage garnishment. Remember, a creditor cannot garnish your wages without a judgment, so don’t let them fool you with a telephone call threatening to garnish your wages.
I often receive questions from people about unpaid child support. Can I still collect on unpaid child support? Does interest accrue on unpaid child support? The answers to both of these questions are yes.
California law provides that a child support judgment is enforceable until paid in full or otherwise satisfied — even after the child reaches age 18. This includes interest and penalties computed thereon. (California Family Code Sections 291(a) and 4503). See also Marriage of Hamer (2000) 81CA4th 712, 718, 97 CR2d 195, 199.
An illegal immigrant can file for bankruptcy in the United States. There is no reference to a citizenship requirement in the Bankruptcy Law. US Code §109 provides the requirements to be a “debtor.” The most common way to be eligible to be a debtor is to have a “domicile” in your state. A domicile “requires the physical presence of a person at the place of the domicile claimed, coupled with the intention of making it his present home.” Ellis v. Southeast Construction Co., Inc., 260 F.2d 280. The timing of where you use as a domicile can be tricky if you have not been domiciled in your state for two years.
One thing divorce does not change is your being a parent. Whether you develop a traditional visitation schedule or a flexible co‑parenting plan, whether the arrangement is temporary or permanent, you can help make the time you spend with your children happy and productive. When questions regarding custody and visitation arise, an experienced family law attorney is the ideal source for competent counsel.
The following are some hints on making the most of your time with your children — and making the transitions easier on them.
Some of us may insist that we will not need the services of a competent and experienced divorce attorney for any kind of divorce case. Of course, you are always allowed by law to personally represent yourself. However, this might not be the right way to go as you may not have the wherewithal and the competence in ensuring that your legal rights are protected during the entire proceedings. There are several indicators related to divorce cases which you can refer to in determining if you will require the services of a competent and experienced family attorney.
Deciding to get a divorce is difficult. However, some parents say that it is not as hard as talking to their children about it. If you have decided to seek a divorce from your spouse, you need to think about how to tell your children and develop a plan beforehand. The way that you and your spouse discuss the divorce with your children can make a significant difference in the way that they handle it. It is important to be as honest with your children as you can be, without saying harmful things about your spouse or partner. Ideally, you would sit down with your children as a couple and present a united front.