Legal Tips & Commentary

Paychecks for California Employees Shrinking For The Rest of 2009

noreply@blogger.com (Carl Starrett) — Wed, 21 Oct 2009 22:00:00 +0000

Paychex, a nationally known payroll service provider, is reporting that California employers must increase withholding for state taxes as a result of the recently passed California state...

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 Increases Homestead Exemptions Limits for Debtors

noreply@blogger.com (Carl Starrett) — Wed, 14 Oct 2009 21:02:00 +0000

Homestead exemption laws protect the amount of equity that a homeowner can shield from judgment creditors or from creditors while in bankruptcy. Beginning on January 1, 2010, the limits on...

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.

Staying in Business While Filing For Chapter 7 Bankruptcy – Part II

noreply@blogger.com (Carl Starrett) — Mon, 12 Oct 2009 18:46:00 +0000

In Part 1, I discussed bankruptcy options available for self-employed business owners (sole proprietors) in California with debt problems but who may not be good candidates for repayment plans under...

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.

Harassment of Debtor Allegations Against Patenaude & Felix Revealed

noreply@blogger.com (Carl Starrett) — Fri, 09 Oct 2009 04:34:00 +0000

On September 24, 2009, a client reported to me that she was receiving phone calls at work from a gentleman claiming to be an attorney with the San Diego law firm of Patenaude & Felix, APC. She...

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.

Chapter 7 Bankruptcy Options for Business Owners - Part I

noreply@blogger.com (Carl Starrett) — Sun, 16 Aug 2009 16:54:00 +0000

In Part 1 of a 2-part series discussing Chapter 7 bankruptcy options for business owners, I will discuss options available for self-employed business owners in California that need to file for...

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.

Getting What You Need From Bankruptcy

noreply@blogger.com (Carl Starrett) — Sat, 08 Aug 2009 23:16:00 +0000

The United States Supreme Court once said that the principal purpose of the Bankruptcy Code is to grant a ‘fresh start’ to the ‘honest but unfortunate debtor’. This reminds me of a Rolling Stones...

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.

I Can't Open a Bank Account After Bankruptcy...Now What?

noreply@blogger.com (Carl Starrett) — Sun, 19 Jul 2009 19:55:00 +0000

From time to time, I encounter bankruptcy clients who have trouble opening bank accounts because they bounced checks due to insufficient funds. Banks and merchants often report bad check writers to...

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.

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.