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Blog Posts in 2017

  • Bankruptcy Mistakes to Avoid

    If you’ve decided to file bankruptcy or if you’re seriously thinking about it, you want to do whatever it takes to ensure a smooth and efficient experience. Remember, during the filing process you’re dealing with the federal bankruptcy laws; therefore, you do not want to make a mistake that will bar you from enjoying bankruptcy relief. “Do people really make bankruptcy mistakes?” It happens all ...
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  • Is an Inherited IRA Protected from Creditors?

    If you intend to create an estate plan , one which leaves assets to your children, grandchildren, or other beneficiaries, you probably prefer to see those assets go directly to your beneficiaries and not to their creditors. That said, are inherited IRAs protected from your beneficiary’s creditors? As of June 2014, not anymore. In June of 2014, the Supreme Court ruled that inherited IRAs are no ...
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  • Can Child Support Be Included in Bankruptcy?

    If you owe child support arrears you may be wondering, “Can I wipe out my child support debt through bankruptcy ?” We decided to dedicate a post to this subject because it comes up a lot. While Chapter 7 and 13 bankruptcy can impact many types of debts, legislators decided that child support was too important to erase in a bankruptcy. Read on as we go into further detail. Let’s say you file a ...
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  • Does Divorce Disinherit a Spouse?

    If divorce wasn’t so complicated, especially financially speaking, more people would probably get a divorce. When spouses dissolve their marriage, they have to figure out what to do with their auto loans, mortgage, joint credit cards, real estate property, investments, retirement accounts and so on. Understandably, it can all get overwhelming. If you’re going through a divorce, you’re probably ...
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  • Discharging Debt in Bankruptcy

    Are you presently dealing with crushing debt? If so, Chapter 7 or Chapter 13 bankruptcy may help you get the fresh start you desperately need. When you file for bankruptcy relief, you are legally declaring that you cannot repay your debts, and in effect, the bankruptcy discharge makes it so creditors can no longer collect a debt from you. As a consumer, you will likely file Chapter 7 or Chapter 13 ...
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  • Can I Disinherit My Son or Daughter?

    Parenting can be complicated, especially when divorce and “parental alienation” have strained a parent-child relationship. If you are wondering if it’s possible to disinherit an adult son or daughter, please understand that you are not the first person to ask and certainly not the last. “Can I write my adult child out of my will ?” Now that your son or daughter is an adult, you are not legally ...
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  • Numerous Mission Viejo's Stores Are Filing Bankruptcy

    Many retail stores have faced substantial losses as a result of the shift in the way consumers are making their buying decisions. Several stores in Mission Viejo have recently filed for bankruptcy, such as BCBG Max Azria. Some, however, are simply shutting their doors, like Bebe. BCBG Max Azria is a Los Angeles brand that filed for bankruptcy back in February. It is now expected to shut more than ...
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  • Andy Nguyen Named Best Attorney by Readers of the Daily Bulletin

    We’re pleased to announce that our very own Andy Nguyen has been voted Best Attorney in the 2017 edition of the Daily Bulletin Readers’ Choice Awards. This is the second year in a row readers have selected Andy as the Inland Empire’s best practicing attorney, and we’re honored to accept the award on his behalf. An experienced negotiator and mediator, Andy has dedicated his career to providing ...
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  • How Bankruptcy Affects Lawsuits

    When people fail to pay the payments on their credit cards, auto loans, mortgages, medical debt, cellphone bills, and utilities, etc., the creditors can take them to court in order to recover the money owed. Suppose you stopped paying one of your bills – in that case the creditor could take you to court and obtain a judgement against you. In that case, the creditor may be able to place liens ...
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  • Do I Need a Living Trust?

    “If I draft a will, do I still need a living trust?” We get this question a lot. While many people think a will is critical for a sound estate plan, that is not the case for every family. Why? Because, wills don’t protect assets from probate when people pass away. If you create a will, please understand that the probate court must authenticate the will before the will can be enforced and assets ...
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  • Is My 401(k) Protected in Bankruptcy?

    Suppose you are retired, or you have a nice nest egg saved up; however, you’re dealing with thousands in debt. Now you’re wondering, “If I file bankruptcy , will the court use my 401(k) money to pay my creditors?” We have good news for you: Your 401(k) is shielded from creditors if you file for bankruptcy. Meaning, you’re free to file bankruptcy and not a cent of your 401(k) money would be used to ...
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  • Debt, Divorce & Bankruptcy

    It is no secret that money problems have led to countless divorces. After all, many marriages buckle under the strain of extended unemployment, foreclosures, evictions, and repossessions. That being said, divorce and bankruptcy frequently go hand-in-hand. If you’re getting a divorce and you and your spouse have a lot of debt, you’re going to have questions about how to tackle the situation. Should ...
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  • Qualifying for Chapter 7 Bankruptcy

    Are you struggling with crushing debt? If so, perhaps you lost your job and endured an extended period of unemployment. Perhaps, you’re an independent contractor and business has been slow. Or, perhaps you went through a divorce or your income was affected by an accident or illness. Whatever the cause of your debt situation, Chapter 7 bankruptcy may be the answer you’ve been looking for. With a ...
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  • Can I Buy a House After Bankruptcy?

    If you decide to declare Chapter 7 or Chapter 13 bankruptcy, it can stop your home buying plans dead in their tracks. On the other hand, if your credit was already hurting because of 30, 60, or 90-day lates, collections, and charge offs, then filing for bankruptcy may actually speed up the home buying process. How is this possible? It’s simple: If a debtor is drowning in debt and their interest ...
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  • Starting Off the New Year Debt Free

    As we enter into the New Year, some of us are probably burnt out from all the holiday spending and are now beginning to worry about last year’s debt coming back to haunt us. Now is the time to start the New Year off on the right foot by taking the initiative to create a debt management plan. Having a clear and realistic plan in place early on can make your life easier and give you peace of mind ...
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