Attorney Blog

Why Should I Incorporate my Small Business?

  • Dec 16 2015

By: Roy Schneider, Esq. Why Should I Incorporate my Small Business? Not every small business needs to form an LLC or a corporation in order to function. A child selling lemonade by the side of the road has no use for a Tax ID number, nor does it seem practical to set up a new business entity to host a garage sale or a Tupperware party. As a venture starts to grow from a hobby to a...

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Five Assets That Won’t Be Taken by the Bankruptcy Court

  • Dec 7 2015

By: William Winfield, Esq. When a person files for bankruptcy protection, his or her assets must be collected by the bankruptcy trustee and liquidated to reimburse debtors before the petitioner’s debts can be discharged. In order to keep bankruptcy petitioners from falling below the poverty line, there are certain assets that can be retained as exempt. This is not an exhaustive list, but covers the most commonly used federal bankruptcy exemptions. 1. Homestead exemption: If a...

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The Rule Against Perpetuities

  • Nov 24 2015

By Roy Schneider, Esq. The law allows a person preparing a will or trust to have almost complete control over his or her assets after the testator or settlor passes on, but there are limits to such power. A person can restrict a property from being sold, or make sure that it is used for a specific purpose. A property can be bequeathed to a family member as long on condition that the person...

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Five Common Reasons a Will Might Be Invalid

  • Oct 29 2015

There are several reasons that a will may prove invalid. It is important for testators to be aware of these pitfalls in order to avoid them. Improper Execution The requirements vary from state to state, but California requires a valid will to be witnessed by two people not named in the will. Some jurisdictions require the document to be notarized as well, but not California. Although these restrictions may be relaxed if the will is holographic (handwritten), it...

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What Happens to My Car When I File Chapter 7?

  • Oct 22 2015

   If an individual filing for Chapter 7 bankruptcy owns an automobile, that vehicle may become the property of the bankruptcy estate used for the purpose of making creditors whole. If the car has a lean on it from the lending institution, the loan must be reaffirmed or redeemed, or the vehicle must be surrendered.  If the loan is reaffirmed, the individual who took out the loan must sign a contract agreeing to continue...

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Seven Common Mistakes Employers Make

  • Oct 7 2015

By Ted J. Schneider, Esq. American employers are subject to numerous federal, state and local laws, imposing various requirements, including wage and hour and anti-discrimination laws. Unfortunately, many employers – particularly small businesses – are unaware of their legal obligations, and often violate various worker protection laws, resulting in expensive lawsuits, civil settlements and fines. Here are some common, costly mistakes employers make, all of which are easily avoidable with proper guidance and advice: Misclassifying...

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Negotiating a Commercial Lease

  • Oct 7 2015

By Roy Schneider, Esq.  Negotiating a Commercial Lease? Be Sure to Address These Issues When it comes time for your business to move into a new commercial space, make sure you consider the terms of your lease agreement from both business and legal perspectives.  While there are some common terms and clauses in many commercial leases, many landlords and property managers incorporate complicated and sometimes unusual terms and conditions.   As you review your commercial...

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When Disfavored Businesses Go To Pot

  • Oct 7 2015

By William E. Winfield, Esq. When Disfavored Businesses Go To Pot Marijuana dispensaries are legal businesses under California law, but the distribution of marijuana is a Federal offense. As a result a Marijuana distribution business is not eligible for Federal Bankruptcy Relief. This issue came up in Colorado recently where Frank Arenas operates a marijuana wholesale business. Mr. Arenas and his wife sought personal bankruptcy relief under Chapter 7 but the case was dismissed...

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Receivership as an Alternative to Bankruptcy

  • Sep 6 2015

By William E. Winfield, Esq. Attorneys and clients considering financially challenged businesses should not forget to consider the benefits Receivership, both as a potential tool for collection of outstanding obligations or enforcement of contracts, but also as a vehicle for financial restructuring. Receivers are typically appointed by the Court in a litigation proceeding at the request of a creditor, co-owner of a business or reap property, or by any adverse litigant.  A party who...

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Firm Adds Experienced Bankruptcy Law Attorney

  • Sep 1 2015

We are pleased to announce that William E. Winfield has joined the firm. Bill is Board Certified in Business Bankruptcy by the American Board of Certification. Bill practices in the areas of general business law, civil litigation, real property, landlord/tenant, securities, oil and gas, bankruptcy and creditor/debtor rights. He also accepts Court appointments as a Receiver. Bill is a mediator for the United States Bankruptcy Court. He has served as a Visiting Deputy District...

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