Attorney Blog

If I’m planning on filing bankruptcy, can I take on more debt?

  • Oct 31 2016

It seems like a perfect plan. If a consumer is about to declare bankruptcy to discharge all or most of his or her debts, why wouldn’t that consumer try to increase his or her credit card debt as much as possible to maximize the benefit granted by bankruptcy protection? The answer is simple.  It won’t work. Generally speaking, credit card debts are dischargeable in bankruptcy. However, a bankruptcy trustee examines a consumers spending in...

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Wage and Hour Settlement Needs Court Approval

  • Oct 13 2016

By: Kathleen Smith, Esq. When the volleys of accusations and defenses have played out in litigation, parties usually agree to settle their lawsuit. Typically, litigants are free to negotiate a mutually agreeable—and mutually disagreeable—settlement without involving the court other than to file a Request for Dismissal. But in a PAGA case, the parties must obtain a court order approving settlement of Plaintiff’s penalty claims. The Labor Code “Private Attorney Generals Act”...

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The Revocable Living Trust

  • Oct 11 2016

By Roy Schneider, Esq. There are many benefits to a revocable living trust that are not available in a will.  An individual can choose to have one or a combination of both, and an attorney can best clarify the advantages of each.  If the person engaged in planning his or her estate wants to retain the ability to change or rescind the document, the living trust is probably the best option since it is...

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Oral Contracts & The Statute of Frauds- Is The Agreement Binding?

  • Sep 26 2016

By Ted Schneider, Esq. There is a widespread misconception that verbal contracts are unenforceable.  A contract made orally with another party, without embodying the particular terms in a signed writing, can still be valid and binding. However, without a signed writing, any disagreement between the parties concerning the deal terms will create multiple problems for both parties. In order for a court to enforce a verbal contract, each party will have to try to prove...

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Inheritance Laws Involving Legal Rights to Property After a Death

  • Sep 16 2016

By Roy Schneider, Esq. Inheritance laws involve legal rights to property after a death and such laws differ from state-to-state.   Heirs usually consist of close family members and exclude estranged relatives.  Depending on the wording of a will or trust, an individual can be intentionally, or even unintentionally, disinherited. In most cases, spouses may not be legally disinherited from his or her share of the community property and, even in some cases, from the...

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Planning Your Estate- Episode 2: Trusts

  • Sep 2 2016

Attorney Roy Schneider speaks about Estate Planning and Trusts. Subscribe to our channel to keep seeing tips like these. Schneiders & Associates, LLP is a premier Ventura County law firm successfully counseling individual and business clients in matters relating to business transactions, business litigation, employment law, estate planning, real estate law, bankruptcy, homeowners associations, non-profit law, family law, intellectual property, land use and entitlements. www.rstlegal.com (805) 764-6370 300 E Esplanade Drive Suite 1980 Oxnard,...

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Forming an LLC to Purchase Real Estate

  • Aug 31 2016

By: Ted Schneider, Esq. Ownership of real property is a risky business. There are many ways in which users of real property can become injured, from tenants falling down stairs, injuries from construction equipment, or even an entire building collapsing from natural forces or faulty construction. Landowners often become defendants in lawsuits claiming damages from the use of their property. Because of the inherent risks of owning real property, owners limit that risk by...

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Planning Your Estate- Episode 1: Durable Power of Attorney

  • Aug 30 2016

Here is a tip from Attorney Roy Schneider on Planning Your Estate. In this episode, Roy speaks about Durable Power of Attorney. Subscribe to our YouTube channel to keep seeing tips like these. Schneiders & Associates, LLP is a premier Ventura County law firm successfully counseling individual and business clients in matters relating to business transactions, business litigation, employment law, estate planning, real estate law, bankruptcy, homeowners associations, non-profit law, family law, intellectual property,...

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How to Avoid Common Errors in Employee Handbooks- Episode 3

  • Aug 12 2016

Here is another quick tip from Attorney Ted Schneider on avoiding common errors in employee handbooks: You can’t put a cap on medical leave. Subscribe to our YouTube channel to keep seeing tips like these.   Schneiders & Associates, LLP is a premier Ventura County law firm successfully counseling individual and business clients in matters relating to business transactions, business litigation, employment law, estate planning, real estate law, bankruptcy, homeowners associations, non-profit law, family...

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How To Avoid Common Errors In Employee Handbooks – Episode 2

  • Jul 29 2016

Here is another quick tip from Attorney Ted Schneider on avoiding common errors in employee handbooks: overly detailed discipline procedures. Subscribe to our YouTube channel to keep seeing tips like these. Schneiders & Associates, LLP is a premier Ventura County law firm successfully counseling individual and business clients in matters relating to business transactions, business litigation, employment law, estate planning, real estate law, bankruptcy, homeowners associations, non-profit law, family law, intellectual property, land use and...

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