Q: I HAVE been employed by a mid-size company in Los Angeles for over 2 years. Recently, some co-workers privately talked to me that several workers in their department often make crude sex jokes that make everyone else uncomfortable. They’re afraid to complain because two of the perpetrators are in management positions. What can we…
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $184,500 in gross assets and you do not…
THE client is 72, married, and owns a small business. He’s been operating the business for the last 30 years. At its height, when times were good, the business had 10 full-time employees. He used to net between $120,000 to $150,000 of profits after tax. That’s a nice and decent profit. Well, what happened to…
WHEN people think of bankruptcy, oftentimes they think of the worst thing that could happen to them — losing their home, cars and other assets that they have. The truth is that most people who file bankruptcy lose nothing and keep everything. Not all bankruptcies are the same. For individuals, it is usually either a…
MOISES Negrete worked at Conagra Foods, Inc.’s food processing facilities located all over California. Moises and other workers sued their employer in a class action, alleging failure to provide them lawful meal and rest periods but automatically deducting time for meal periods, even when employees did not take a meal break. Employees also alleged employer…
THERE’S a time to be born and a time to die, a time to plant and a time to harvest. There’s a time for everything. So states Ecclesiastes 3: “For everything, there is a season, a time for every activity under heaven… A time to kill and a time to heal; a time to tear…
The purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
CAROL Holaday and her husband Jim Willcoxson were employed by Colonial Van & Storage, Inc., a moving and storage company in Fresno, CA. Holaday was a supervisor and long-haul dispatcher. She worked at Colonial’s Fresno office but was authorized to work at home. Holaday often had coworkers visit her home for social and work-related reasons….
ARE you seriously in debt and don’t know what to do about your situation? Are you afraid that unless you do something about it, thing will just continue to get worse every day? When people are going through financial difficulty and are unable to pay their bills, their first reaction is often to ignore their…
ONE of the biggest problem of millenials and Gen Z are educational cost and student loan debt. This eats up a large part of a households budget even among married couples. However, what happens to all the money paid towards one spouse’s education and student loans if the marriage fails and leads to divorce. Well,…
WHAT’S the difference between Chapter 7 and Chapter 13 bankruptcy? Chapter 7 is called a fresh start because it wipes out all dischargeable debt while allowing the debtor to keep most, if not all, of his assets. Chapter 13 is called reorganization of the debtor’s financial affairs where he is allowed to restructure his debts…
Q: MY spouse and I are expecting a baby and we are trying to figure out how much family leave we are entitled to so we can each spend quality time with our new baby. My spouse works at a small office and I work at a medium sized company in Los Angeles. What are…
THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
WHEN a person wants to get into business, he or she can do business as an individual, or set up a different legal entity separate from him or herself to do the business. The separate legal entity does and operates the business, borrows money, executes contracts and does whatever is required of the business without…
Savings is a foundational piece to financial health since research has found that unexpected expenses, like car repairs, can become a hardship when people don’t have access to emergency savings funds. “When it comes to saving, the most important thing to do is to simply to start,” said Eileen Viray Alcones, Community Manager in San…
AS a bankruptcy attorney, I am often asked: “How will filing bankruptcy change my life?” I think people ask this question because of the negative things that they may have heard about bankruptcy from their friends, family, co-workers, and neighbors. They think that a bankruptcy means that they will be forever looked upon as outcasts…
ONE of the biggest problems of millennials and Gen Z are educational cost and student loan debt. This eats up a large part of a household’s budget even among married couples. However, what happens to all the money paid towards one spouse’s education and student loans if the marriage fails and leads to divorce? Well,…
JANE Doe worked in the office of the California Department of Corrections and Rehabilitation (CDCR). She and another CDCR employee who worked in the same location, Correctional Officer Luis Serna, became sexually involved. Serna recorded their sexual encounter at her home. He then disclosed the video to their co-workers, and eventually, to others outside of…
A person who files bankruptcy does not automatically lose everything they have, contrary to what some people may believe. Because the concept behind bankruptcy is to give the honest debtor a fresh financial start, the law allows you to keep certain assets necessary to that end. Hence, you have “exemptions” available under the law that…
LET’S give bankruptcy a historical and legal perspective. Right now, when we say bankruptcy law, we refer to Federal law called the “Bankruptcy Code” of 2005. Creditors did a lot of lobbying in Congress to fashion the 2005 bankruptcy Code to enhance their interests. Thus, the 2005 Bankruptcy Code incorporates the “means test” which basically…
ONE of the biggest problems of millennials and Gen Z are educational cost and student loan debt. This eats up a large part of a household’s budget even among married couples. However, what happens to all the money paid towards one spouse’s education and student loans if the marriage fails and leads to divorce? Well,…
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain situations, the defaulted party failed to respond on time because he or she did not even know that he or she was served with a…
MANY people who need debt relief are afraid to file for Chapter 7 or Chapter 13 because they fear that life after bankruptcy will be difficult. The fear is that bankruptcy will prevent them from getting new credit cards, buying a car, buying a house. Some even believe that they won’t be able to freely…
ARE you worried about your future due to having too much debt? You’ve probably heard the saying, “The failure to plan is a plan to fail”. And yet so many of us don’t realize how we so easily neglect to plan for our financial future. Ask a few people you know what kind of financial…
Q: I HEAR a lot of talk about “diversity” and “pay equity” in the workplace. I live in California and, yes, I work with a “diverse” group of people in terms of race, age, gender, etc. But it is obvious to me that there is no “pay equity” in this diversity. How, as an employee,…
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain situations, the defaulted party failed to respond on time because he or she did not even know that he or she was served with a…
MATTHEW Flanigan worked as the Director of Information Technology (IT) for Rheumatology Diagnostics Laboratory, Inc. (RDL) in Los Angeles, California. He discovered that tens of thousands of patients’ information were uploaded to the network, causing a privacy violation. He reported the violation to upper management but was ignored. Later, in a separate lawsuit among shareholders,…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
OVER the last 35 years, many clients always ask me “Attorney, should I file for bankruptcy?” This question is asked after they have told me what their problem is. The problem is always financial: having a hard time paying credit cards; behind on mortgage payments and there is a threat of foreclosure from the bank;…
FACING difficult financial times can be a frightening thing for a lot of people. When bill collectors are hounding you, at some point, you realize that something must be done but you just don’t know where to begin or where to go for help. Often, options can also be confusing unless you get the right…
