Category: Business

THE 5th amendment to the United States Constitution states that no person may be compelled to testify against himself. Hence a person may refuse to answer a question on the grounds that it might incriminate himself. Our discussion involves questioning in a bankruptcy proceeding where a debtor refuses to answer invoking the 5th. Several years…

Waiting at work for security checks may be compensable JESSE Busk and Laurie Castro are former employees of Integrity Staffing Solutions, Inc., a company which provides warehouse space and staffing to Amazon.com. They sued their employer in a class action, alleging that Integrity required them and other employees to pass through security screenings at the end…

DO you dream of simplifying your life, reducing your stress and regaining control of your financial future? Everyone dreams of living a debt-free life and yet we know that today, so many people are drowning in debt that they don’t even sleep well at night. If you are one of these people, perhaps you are…

SEXUAL intercourse with a minor is called statutory rape. Whether the minor consented is irrelevant. If the law states that anyone below 16 is a minor, then carnal knowledge of the minor is rape even if the minor consented to the act. Most civilized humans and cultures agree that carnal knowledge of a minor is…

IN 2002, Bobby Nickel was hired by Corporate Express as a facilities manager. In 2008, Corporate Express was acquired by Staples. In 2011, at the age of 64, Mr. Nickel was suspended and fired.  He sued Staples for age discrimination and harassment. The jury awarded him $26.1 million in damages. For several years prior to…

FIRST of all, I am not the lawyer in question although I am able to speak fluent Thai and Russian after 3 bottles of beer and the last judge I bit on the leg for denying my motion to avoid 2nd trust deed had it coming to him anyway; having said that, student loans, generally…

ON April 27, 2007, Jessica Manosa hosted a party at a vacant residence owned by her parents. Manosa and most of the attendees of the party were under 21 years of age.  She and some friends pooled money together to buy alcohol for the party, then charged people $3 to $5 to enter the party….

I KNOW we’ve never met. But there’s a common concern we all share. As a debt relief attorney, I hear it from people who consult with me everyday.  It is this: The possibility of losing what we’ve worked hard for all our lives…our homes, our savings, our retirement money, our business, etc.  Why is this…

DEBTOR filed for Chapter 7 bankruptcy relief to discharge $150,000 of unsecured debt.  Creditor who holds a state court judgment for $50,000 on a signature loan files an adversarial case asking the court to deny discharge to debtor on the ground that his bankruptcy schedules are grossly inaccurate with intent to defraud the court. After…

Q: I AM an hourly employee at a skilled nursing facility working 12-hour shifts, three days a week. I usually work more than 12 hours per shift finishing up paperwork but we are not paid for the extra time.  There are times when I am asked to work a 4th day during the week for…

Facing serious debt problems can be depressing to a lot of people. It may seem like the end of the world.  You may feel angry, depressed, guilty- or a combination of all three.  You may even be blaming yourself for making the decisions that led you to your present situation. I’m here to tell you,…

THE new bankruptcy law requires debtors to calculate their gross and net incomes using the means test form B22. Differences in the calculation of income can result from many factors. A debtor intermingling business and personal expenses must be precise in the classification of expenses because a personal expense paid by the business actually results…

JORGE Vasquez worked as a maintenance technician for Franklin Management Real Estate Fund, Inc. He was paid $10 per hour for 40 hours per week. Jorge’s supervisors regularly instructed him to drive his own truck for work-related errands, such as going to the hardware store to buy items needed for apartments managed by his employer….

WHEN debtor filed his Chapter 7 petition, he had $10,000 in his checking account which was used to cover checks issued before bankruptcy was filed.  On schedule C, debtor claimed that $1,000 in his checking account was exempt. The trustee demands that debtor deliver the difference between $10,000 and $1,000, or $9,000 to the trustee…

“INVOLUNTARY job loss is a stressful event, creating a variety of problems immediately, and long periods of unemployment can compound those problems,” states The Urban Institute, in a report it prepared for the Rockefeller Foundation entitled Consequences of Long-Term Unemployment. As employment attorneys, we are only too familiar with the sad realities of being fired. …

Many factors lead to financial problems and bankruptcy. While there are things that are simply beyond your control (example: sickness, disability, unemployment, etc.), a lot of bankruptcies are also a result of poor financial management. A lot of people are embarrassed to admit this but it’s true. When it comes to handling money, there are…

Courts look at several factors to determine whether a worker is an employee or an independent contractor. The most important factor is the employer’s right to control the worker’s manner and means of performing the job. KEEPING labor costs down by taking unlawful shortcuts does not pay. One of these illegal shortcuts is to classify…

EVERY day, I meet with a lot of people who are sick and tired of being in a financial mess but they are unwilling to pay the price of being debt-free. What do I mean by this? In this week’s article, I will tell you exactly what needs to change in order for you to…

Homeowners like the idea of getting rid of the second trust deed on their residence in a bankruptcy. The second trust deed could be a home equity loan or home improvement loan taken when the value of the house was high. In Chapter 13, junior trust deeds such as these can be cancelled or avoided…