Latest Legal Insights for Bay Area Residents

What Changes to California’s Homestead In a recent poll conducted by TheTrackr.com, 29% of Americans reported that their home was their most valuable asset. Homeownership plays a critical role during the bankruptcy process. The role that homeownership plays in the bankruptcy, however, is about to change substantially due to legislation that has been passed by…

An automatic stay is one of the critical parts of filing bankruptcy. The stay stops most collection efforts against a debtor as soon as that individual files for bankruptcy. These orders exist without the need for a court order. To give you a better idea of the role that the automatic stay plays in a…

Business owners have a lot to juggle, even in bankruptcy. If you are a business owner who rents business space and recently filed for bankruptcy, you are likely curious about how bankruptcy will impact your commercial lease. There are several critical issues to consider in this situation, and how your lease will be impacted depends…

 Individuals in California who file for bankruptcy are often given a second chance at building a strong credit record. This does not come without a compromise, though. When Chapter 7 bankruptcy is involved, a person must often hand over a substantial amount of their estate in the process. A bankruptcy trustee then manages the estate…

How the Bankruptcy Process is Unique for LGBT Individuals Individuals who identify as LGBT face a number of unique obstacles in every area of their lives, including filing for bankruptcy. Statistics compiled by the William Institute have revealed that the poverty rate for same-sex couples is higher than for individuals in heterosexual relationships. When a…

  When a business faces bankruptcy, questions arise regarding how to handle wasting assets. In general, a business may operate per its regular course of business while being overseen by a Bankruptcy Court. That is to say, a business generally need not motion the Court to approve an action when that action fits in the…

Chapter 11 bankruptcy is a negotiation. As a result, it is imperative to consider strategies that keep your business alive during and after bankruptcy. Languishing in negotiation for a prolonged period of time can result in the liquidation, not reorganization, of a business. Chapter 11 Discharge In general, the goal of a bankruptcy is to…

San Jose native Debi Thomas has an impressive resume. She was a pre-med and engineering student at Stanford University; she is a graduate of Northwestern Medical School; she was a trained orthopedic surgeon; she was an Olympic champion and bronze medal winner at the 1988 Winter Games in Calgary; she became the first African-American woman…

Stereotypical California story: 70-year-old man divorces his fifth wife. He lives in Beverly Hills and works as a top executive at a large entertainment company and has done so for a number of years. He is very active but recently cut back on his working hours so he can spend time enjoying life. He is…

Discharge Injunction Violation Perhaps you are a consumer who is facing mountains of debt. The debt load does not allow you to rest. You cannot eat, sleep, or perform normally routine activities because you are overwhelmed by debt. Some days you prefer to just stay in your bed because of the debt. You borrowed money…