California eviction basics
I wrote this step by step for Avvo a while back, called How to Evict a Tenant in California. It’s not just the basic procedures, but also gives a sense of the negotiation and settlement process that is key to working out a good deal.
Thinking about college? Did you know student loan debt is nondischargeable?
Created by: CollegeAtHome.com
What happens when creditor calls continue after bankruptcy? Santa Rosa attorney explains
This morning, my clients and I are going into the U.S. Bankruptcy Court in Santa Rosa, California, on a mottion for contempt against a medical creditor and their collection agency. The medical provider is Chase Dennis Medical Emergency Medical Group Inc., which, as this Medicare.gov search shows, operates throughout California and Arizona. The collection agency is Healthcare Revenue Recovery Group LLC, which the BBB gives an F rating. My clients filed Chapter 7 bankruptcy, which was all fine until literally the day before their discharge came through. On that day, it seems, Chase Dennis referred one of the clients’ accounts …Read more »
Santa Rosa attorney: What Vallejo teaches consumers about bankrupcty
It seems bankruptcy is the best thing to have happened to Vallejo, California, according to the Huffington Post. With bankruptcy looming, city employees were depressed and the prospects seemed dire. “You go through a bankruptcy, you lose half your staff, do you really run out to your engine?” explained the fire chief. And the city really didn’t handle their restructuring all that well. It seems they will still have to go back and seek more concessions from some employee unions. But the depth of the financial problems has unfurled a radical making of community. Residents have lowered their expectations for …Read more »
Santa Rosa attorney: Why you need a lawyer for bankruptcy
I just answered this question over at Avvo.com: When filling chap. 7 do I have to to give a secured debt such as a car an exemption? My answer was basically, you need to hire a lawyer! Why? Because, as the question shows, bankruptcy concepts are not intuitive. I see lay people get in trouble constantly when filing pro se. And this is a pretty simple concept. If the person doesn’t understand that exemptions are to protect equity in assets, there’s virtually no chance they will make it through the whole petition unscarred.
Santa Rosa attorney: Feds targeting California landlords over marijuana stores
This doesn’t come as a surprise to any landlord-tenant attorney operating in California, but the details are interesting: The Federal Government is targeting commercial landlords who rent to California medical marijuana shops, according to Reuters. The government uses its power to grab assets used in drug trafficking to threaten to seize landlords’ real estate if they don’t evict the pot shops. That’s a much cheaper alternative than launching federal prosecutions of medical marijuana operations. One attorney Reuters talked to praised the PR value of the approach, which is also much less expensive than prosecution. “”If you bring criminal charges against …Read more »
Santa Rosa attorney on eviction basics
I get calls from time to time from people asking if they have to move out because they were served with a notice. So I thought it would be a good idea to run down some of the basics of California eviction procedure. Written Notice Eviction is a two-step process: first, the landlord has to give you a written notice. Then, if you don’t comply, she can serve you with an Unlawful Detainer lawsuit. The most common notices are a Three-Day Notice to Pay Rent or Quit and a 30/60/90 notice without cause. If you simply have failed to pay …Read more »
Mets great Len Dykstra pleads guilty to bankruptcy fraud
Just a reminder of the importance of playing it straight if you are filing bankruptcy. Lenny Dykstra just pled guilty to several charges of bankruptcy fraud, The Wall Street Journal reports. Dykstra, who bought a mansion once owned by hockey star Wayne Gretzky, filed for bankruptcy three years ago, claiming he owed more than $31 million and had only $50,000 in assets. Prosecutors said that after filing for bankruptcy, Dykstra hid, sold or destroyed more than $400,000 worth of items without permission of a bankruptcy trustee. It’s not Dykstra’s first brush with the law — He’s currently doing time for …Read more »
The warranty of habitability: Santa Rosa attorney explains tenants’ rights for habitable premises
I just answered this question”> on Avvo.com, in which a tenant reported that her toilet has flooded half a dozen times and the landlord does nothing to even clean it up, much less repair the problem. Tenant wondered whose responsibility it is to clean it up. In light of this, it’s worth restating some basic rules of habitability. There is an implied warranty of habitability, as stated in the Cal Supreme Court case of Green v. Superior Court. This means that the duty to pay rent is dependent on the landlord’s duty to provide habitable conditions.
Santa Rosa attorney: Owe taxes? Make sure to file return on time
Federal income tax returns are due on Monday, April 17, 2012. If your return’s not ready, have you filed for an extension? If you’re thinking about filing for bankruptcy protection this year, it’s critically important that your return is filed on time. That’s because back taxes that are more than three years old can be discharged in Chapter 7 bankruptcy — but only if tax returns have been filed timely. That means that you either filed your returns or you filed for an extension (you still incur penalties for not paying by Tax Day). Download the extension form, Form 4868
Recent Posts
- California eviction basics
- Thinking about college? Did you know student loan debt is nondischargeable?
- What happens when creditor calls continue after bankruptcy? Santa Rosa attorney explains
- Santa Rosa attorney: What Vallejo teaches consumers about bankrupcty
- Santa Rosa attorney: Why you need a lawyer for bankruptcy
Categories
- Automatic stay
- Bankruptcy
- Bankruptcy scams
- BK in the news
- Business Entities
- Business Law
- California Courts
- Chapter 13
- Chapter 7
- Civil Litigation
- Community
- Consumer Law
- Crime
- Drugs & Alcohol
- Education
- Employment
- Eviction
- Foreclosure
- IRS
- Landlord-Tenant
- Leases
- Loan Mods
- Marijuana
- Occupy Wall Street
- Privacy
- Real Estate
- Scams
- Sonoma County
- Student Loans
- U.S. Supreme Court
- Uncategorized
- Victims Rights
Archives
- December 2012
- September 2012
- August 2012
- July 2012
- June 2012
- April 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
Tag Cloud
Archives
- December 2012
- September 2012
- August 2012
- July 2012
- June 2012
- April 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
Recent Post
- California eviction basics
- Thinking about college? Did you know student loan debt is nondischargeable?
- What happens when creditor calls continue after bankruptcy? Santa Rosa attorney explains
- Santa Rosa attorney: What Vallejo teaches consumers about bankrupcty
- Santa Rosa attorney: Why you need a lawyer for bankruptcy