A Chapter 7 bankruptcy is a legal action that allows a person to eliminate most of his or her debts. With respect to unsecured debts, such as general consumer debts, credit card debts, and any other debts that aren’t secured by some form of collateral, the vast majority, if not all, will be wiped out.Continue reading “How a Reaffirmation Agreement Can HelpYou During Bankruptcy”
Author Archives: iantopflawcom
How Can You Avoid Falling into the Bankruptcy Trap?
There’s a familiar—and dangerous—cycle I regularly see with regard to debt and bankruptcy relief. Many people come to the conclusion that they’re carrying more debt than they can afford, so they file for bankruptcy, get relief from those debts, and then fall into the same debt-incurring behavior. Eight years pass, (the legal period between filingContinue reading “How Can You Avoid Falling into the Bankruptcy Trap?”
How Does a Child Support Order Get Enforced?
The principle behind laws regarding child support in California is very simple. The parents of children born in the course of a marriage (or conceived out of wedlock) are legally responsible for the financial support of their offspring, regardless of whether or not those parents are living with their child(ren). Typically, an order for childContinue reading “How Does a Child Support Order Get Enforced?”
How Does Foreclosure Work?
In today’s economy, many people find themselves underwater with regard to their monthly expenses. When their total monthly debts amount to more than the money they’ve got coming in—and, as is usually the case, the monthly mortgage payment represents their larges expense—people sometimes opt to neglect this big debt and pay off their smaller, moreContinue reading “How Does Foreclosure Work?”
How Does The Court Determine Child Visitation Privileges?
In California, there is a presumption that, in general, a mother and father (or domestic partners) can work together to raise a child jointly, even after they no longer live in the same household. This is referred to as “joint legal custody.” It involves collaborating on decisions that directly affect the health, welfare, education, andContinue reading “How Does The Court Determine Child Visitation Privileges?”
What is Community Property and How is it Divided?
In California, “community property” is defined as the marital interest in an asset or debt that was obtained or incurred between the date of marriage/registration of a domestic partnership and the date of separation. When I initially sit down with a client who’s going through a divorce or dissolution of domestic partnership, I start byContinue reading “What is Community Property and How is it Divided?”
How to Go About Child Custody the Right Way
In general, “child custody” refers to all the important decisions regarding the raising of a child, including his or her health, education, and welfare. Custody is basically divided into two parts: (a) legal custody (the decision-making part) and (b) physical custody, as in who is responsible for the child’s physical well-being. Unless the parents shareContinue reading “How to Go About Child Custody the Right Way”
How to Prepare to Meet with an Attorney
If the time comes to meet with an attorney, it’s in your own best interest to come as prepared as possible. Being prepared saves time and money. Why? The more time an attorney needs to become familiar with your legal issue, the more expensive it is for you. Frequently, I’ll ask a client for bankContinue reading “How to Prepare to Meet with an Attorney”
Develop a Game Plan for Separation or Divorce
If you and your spouse face impending separation or divorce, there are important legal and emotional factors to consider. Whether you intend to hire a lawyer to represent you in Family Court or you wish to represent yourself, here are several things to keep in mind: Put a game plan together. The legal process ofContinue reading “Develop a Game Plan for Separation or Divorce”
If You Move Out During a Divorce – Do You Lose the House?
Many issues arise in the course of a divorce proceeding but some of the most common (and most commonly misunderstood) relate to a couple’s marital residence. Who will live in the house while the legal action is pending? Can both spouses continue to reside there? Should they? Who’s responsible for maintaining the property (including generalContinue reading “If You Move Out During a Divorce – Do You Lose the House?”