Legal Tips & Commentary

Preparing For Your Meeting of Creditors

noreply@blogger.com (Carl Starrett) — Wed, 08 Jul 2009 18:52:00 +0000

After a consumer debtor files for Chapter 7 bankruptcy, the court's computer will assign a hearing date for a Meeting of Creditors as required under Section 341 of the Bankruptcy Court. The trustee...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

California’s 90-Day Foreclosure Moratorium Really Isn’t

noreply@blogger.com (Carl Starrett) — Mon, 15 Jun 2009 00:35:00 +0000

In February 2009, Governor Arnold Schwarzenegger approved the California Foreclosure Prevention Act. The news media has portrayed the legislation, which takes effect on June 15 2009, as a 90-day...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

A Creditor Objected to My Discharge…Now What?

noreply@blogger.com (Carl Starrett) — Sun, 07 Jun 2009 22:14:00 +0000

When a debtor files for Chapter 7 bankruptcy, the court mails the creditors a document entitled "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines". One of the deadlines set...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Struggling With The Decision to Call a Bankruptcy Attorney

noreply@blogger.com (Lisa Starrett) — Mon, 18 May 2009 04:21:00 +0000

Before joining my husband’s law practice as a bankruptcy paralegal in 2006, I worked at the corporate headquarters for Jack in the Box, Inc. for 11 years in human resources and training, the last...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

5 Signs That It May Be Time to File Bankruptcy

noreply@blogger.com (Carl Starrett) — Sun, 10 May 2009 23:55:00 +0000

Bankruptcy is intended to help honest debtors get a fresh start, but there is no hard and fast rule on who will benefit the most from filing for bankruptcy. These are some of the warning signs that...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Bankruptcy and Professional Licenses

noreply@blogger.com (Carl Starrett) — Sun, 19 Apr 2009 22:44:00 +0000

In a recent article, I discussed the limited protections that debtors have against employment related discrimination set forth in the Bankruptcy Code. In this article, I will discuss the impact that...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Bankruptcy and Employment Discrimination

noreply@blogger.com (Carl Starrett) — Mon, 06 Apr 2009 00:18:00 +0000

A common question many debtors ask bankruptcy attorneys is whether an employer can discriminate against an employee or a job applicant due to a bankruptcy on their credit report. At first glance,...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Removing a Second Mortgage Through Bankruptcy

noreply@blogger.com (Carl Starrett) — Sun, 29 Mar 2009 05:32:00 +0000

In recent weeks, I have observed attorneys offering bankruptcy services, loan modifications and debt management plans. It is often difficult to decide what is the best option, but not many attorneys...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Avoiding Loan Modification Scams

noreply@blogger.com (Carl Starrett) — Mon, 23 Mar 2009 04:50:00 +0000

A recent story in the San Diego Union Tribune noted an increase in the number of businesses offering loan modification services, a field that was once dominated by nonprofit organizations. A...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Avoiding Foreclosure During a Loan Modification

noreply@blogger.com (Carl Starrett) — Thu, 19 Mar 2009 04:32:00 +0000

Mark Twain supposedly said once that "A verbal contract isn't worth the paper it's printed on." A client recently learned that the same can be said of a lender's promises during negotiations for a...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Support Needed for Bankruptcy Loan Modification Bill

noreply@blogger.com (Carl Starrett) — Thu, 12 Mar 2009 19:06:00 +0000

I recently wrote an article urging my fellow Republicans to support a bill giving bankruptcy judges the authority to modify home mortgages to prevent foreclosures. The battleground has now shifted...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

7 Facts That The Average Debt Settlement Company Won’t Tell You

noreply@blogger.com (Carl Starrett) — Sun, 08 Mar 2009 02:40:00 +0000

In a recent article, I debunked a blog entry by J. Carlton Ford, owner of a website called Debt Warriors. Mr. Ford is a sales associate for Pre-Paid Legal, Inc. and sells “coaching videos” that...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

California Adopts Moratorium on Many Foreclosures

noreply@blogger.com (Carl Starrett) — Thu, 26 Feb 2009 05:56:00 +0000

On February 25th, Governor Arnold Schwarzenegger signed a bill into law that establishes a 90-day moratorium on many home foreclosures on in California. The bill protects owner-occupied homes from...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Why Republicans Should Support Judicial Loan Modification

noreply@blogger.com (Carl Starrett) — Wed, 18 Feb 2009 23:35:00 +0000

This is an open letter to all of the Republicans that serve in the United States Senate and the House of Representatives: I am a Republican and a conservative, so it is a bit unusual for me to be...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Debt Warriors Retracts Story

noreply@blogger.com (Carl Starrett) — Thu, 12 Feb 2009 00:29:00 +0000

In a recent article, I posted a blog entry criticizing a website called Debt Warriors for publishing an article entitled "7 Facts That The Average Bankruptcy Lawyer Will Not Tell Debtors". Author J....

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Tax Evasion the Latest Trend?

noreply@blogger.com (Carl Starrett) — Sun, 08 Feb 2009 01:41:00 +0000

President Obama has seen two of his cabinet appointees withdraw their names in light of their recent tax problems. Is tax evasion a new trend in these tough economic times? Business and attorney Carl...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Debt Warriors—Wrong Soldiers Fighting the Wrong War

noreply@blogger.com (Carl Starrett) — Sat, 07 Feb 2009 22:18:00 +0000

As the economy continues to worsen, businesses offering credit counseling, debt management and other "quick fix" plans continue springing up to offer debt relief services to consumers. A colleague...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Bankruptcy and Tax Refunds

noreply@blogger.com (Carl Starrett) — Tue, 03 Feb 2009 13:18:00 +0000

Question: I filed for bankruptcy in 2008 and it was also discharged in 2008. Is this going to change my tax refund? Answer: A tax refund is essentially an interest free loan that taxpayers make...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Does Credit Repair Really Work?

noreply@blogger.com (Carl Starrett) — Sun, 01 Feb 2009 19:10:00 +0000

In a recent article, I discussed the impact that bankruptcy might have on a debtor's credit score. However, even the slightest bit of negative information can lower your FICO score significantly. In...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Seven Big Reasons for the Nation’s Financial Mess

noreply@blogger.com (Carl Starrett) — Wed, 28 Jan 2009 17:31:00 +0000

1. The failure of the Federal Reserve Board, the FDIC, the OTS and the DOJ to regulate the subprime mortgage originators and to impose more detailed and informative disclosure statements on the ARMS...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Circuit City Bankruptcy Could Cause Problems for Bargain Hunters

noreply@blogger.com (Carl Starrett) — Sat, 17 Jan 2009 17:25:00 +0000

On November 10, 2008, Circuit City filed for reorganization under Chapter 11 of the United States Bankruptcy Code. However, Circuit City was unable to find a buyer or obtain a refinancing deal....

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Bankruptcy and Loan Modifications: Hype or Help?

noreply@blogger.com (Carl Starrett) — Tue, 13 Jan 2009 18:57:00 +0000

You may have heard commercials from attorneys and loan modification gurus offering loan modification services through bankruptcy. They are probably referring to proposed legislation called the...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Gift Cards and Bankruptcy: Now What?

noreply@blogger.com (Carl Starrett) — Mon, 05 Jan 2009 02:46:00 +0000

Now that the holiday season is over, shoppers are flocking to stores to use their new gift cards. But what happens if the retailer that issued the gift card files for bankruptcy? Unfortunately, a...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

What Does the New "No Texting" Law in California Really Include?

noreply@blogger.com (Carl Starrett) — Fri, 02 Jan 2009 19:12:00 +0000

Under a new California law effective January 1, 2009. it is now illegal write, send, or read a "text-based communication" while driving. While most media outlets only make reference to the common...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.

Why I Cancelled My Better Business Bureau Membership

noreply@blogger.com (Carl Starrett) — Tue, 09 Dec 2008 04:46:00 +0000

When I first became of a member of the Better Business Bureau, I was under the assumption that it was an organization that I could trust to be fair to both businesses and consumers. My recent...

This blog is used to post legal tips for businesses and consumers in California as well as commentaries on issues of interest to clients in the San Diego area.