Attorney Blog

Common Reasons Why a Bankruptcy Petition might be Dismissed

  • May 4 2016

By William Winfield, Esq. 1. Bankruptcy Fraud: It cannot be overstated how important it is to tell the truth and accurately disclose all income assets, debts, and other required information when preparing a Bankruptcy Petition. If a Court finds that a Petitioner committed a willful fraud, the Petition will likely be dismissed. In California, the Court may also impose criminal penalties including fines and incarceration. 2. Failing the Means Test: In order to be granted...

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How to Calculate Estate Tax

  • Apr 22 2016

By Roy Schneider, Esq. In order to predict how much your estate will have to pay in taxes, you must first determine the value of the estate. To determine this, many assets might have to be appraised at fair market value. The estate includes all assets including real estate, cash, securities, stocks, bonds, business interests, loans receivable, furnishings, jewelry, and other valuables, such as intellectual property, including patents, trademarks and copyrights. Once your total...

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New Discrimination & Harassment Regulations for Employers

  • Apr 14 2016

By Ted Schneider, Esq. The California Fair Employment and Housing Council (“FEHC”) has issued new anti-discrimination and anti-harassment regulations effective April 1, 2016. If you are an employer, and you have questions or concerns regarding any of the new anti-discrimination and anti-harassment regulations we encourage you to contact Schneiders & Associates, L.L.P.  Our employment attorneys can review your existing policies to ensure they are compliant with the new regulations, and assist you with creating compliant...

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New Bill Poses Limitations and Unnecessary Expenditures

  • Mar 15 2016

By: Roy Schneider, Esq. Early this year, an act to amend Section 4925 of the Civil Code, relating to common interest developments was introduced by assembly member, Don Wagner. The proposed bill will allow any community association member’s attorney to attend all association board meetings which the member may attend. While it may seem like common sense to allow a member’s attorney to be present at any board meeting where he or she may...

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Is My Business Worth More Than its Tangible Assets?

  • Feb 29 2016

Goodwill is an asset that is an intangible part of a business being purchased. In spite of its intangibility, goodwill may be worth more than physical assets, such as buildings, machinery or inventory. Goodwill is the essence of the company’s value to its customers, clients, and employees – its good name, if you will – and, as such, is a critical asset to any buyer. It is easier, as many people intending to purchase a...

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Firm Receives Certificate of Appreciation from Alliance for Linked Learning

  • Feb 25 2016

Schneiders & Associates, LLP participated in a National Job Shadow Day for the Alliance for Linked Learning sponsored by Ventura County Civic Alliance and Oxnard Union High School District. The firm hosted two high school students from the Oxnard High School Multi-Media Business Academy. The students, one aspiring to be a business professional, and the other an English teacher, shadowed Attorney Kathleen Smith, Attorney William Starr, Finance Controller David Schneider, and Marketing Director Amber...

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Why You Should Consult Legal Counsel To Prepare Your Will or Trust

  • Feb 12 2016

By Roy Schneider, Esq. We admit some aspects of business communications, including banking and shopping are more efficient with the ease and convenience of the internet. With this being true, it may seem logical to some to turn to the internet when creating a legal document such as a Will or Trust. Certainly, there are several software applications, websites, and do-it yourself books advertising how easy and inexpensive it is. However, a Will or...

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William Winfield, Esq. Presented “Big 10 Cases of Interest to Bankers.”

  • Feb 5 2016

Last month, Board Certified Bankruptcy Attorney William Winfield presented “Big 10 Cases of Interest to Bankers” to the Risk Management Association in Oxnard. The presentation included lessons on Chapter 13, Records Withholding, Denied Debtors, Side Agreements between Banks and Borrowers, Fraud Claims, Foreclosure, Negligent Reviews, Homestead Exemption, and more. Need a speaker? Schneiders & Associates Attorneys speak on a number of different topics to clients, businesses, chambers of commerce, non-profits, trade associations, and more....

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What You Need to Know About Bankruptcy

  • Feb 3 2016

By: William Winfield, Esq. Bankruptcy is designed to protect individuals, small businesses, and corporations from being overwhelmed by debt.  The process involves reorganization and restructuring of debt so that a significant portion of it is discharged or “forgiven”, and the remainder is repaid at a lower rate. Bankruptcy is designed to enable an individual or company to continue to function and prevent ongoing harassment from creditors. The two basic types of bankruptcy are liquidation and...

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Mediation, Litigation and Arbitration

  • Jan 12 2016

By Kathleen J. Smith Arbitration is Alternative Dispute Resolution, “ADR”. It is similar to Mediation, except Arbitration results in an award imposed by a neutral decider, whereas Mediation results in an agreed-to settlement often designed by the neutral but thoroughly adopted by the disputing parties. Both ADR methods work because they are based on agreement of the disputants: Arbitration starts because the parties made an agreement to be bound by the decision of the...

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