Attorney Blog

Should I Incorporate My Business?

  • Jan 27 2017

By: Theodore Schneider, Esq. The primary advantages of operating as a corporation are liability protection and potential tax savings. Like any important decision, choosing whether to incorporate involves weighing the pros and cons of the various business structures and requires careful research. Once incorporated, the business becomes a separate legal entity, and assets of the corporation are separated from the owner’s personal finances. As a result, the owner’s personal assets (house, cars, savings, investments),...

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Buying Property? Consider How to Hold Title

  • Jan 10 2017

By: Ted Schneider, Esq. You are purchasing a home, and the escrow officer asks, “How do you want to hold title to the property?” In the context of your overall home purchase, this may seem like a small, inconsequential detail; however, this decision is far from trivial. A property can be owned by the same people, yet the way title is held can drastically affect each owner’s rights during their lifetime and upon their...

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The Pitfalls of Hiring a Bankruptcy Petition Preparer

  • Jan 10 2017

By: William Winfield, Esq.  It might sound counter-intuitive, but filing for personal bankruptcy is expensive. Besides paying attorney fees, a debtor must also pay the court costs associated with filing the bankruptcy petition and accompanying documents. Then there are the expenses associated with attending the mandatory pre- and post-filing consumer credit courses. So when presented with the opportunity to save a few bucks by hiring a bankruptcy petition preparer (BPP) to draft your bankruptcy...

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Estate Planning and the New Trump Administration – What Does the Future Look Like?

  • Dec 21 2016

President-elect Donald Trump’s tax reform plan includes the elimination of federal transfer taxes. Although this move has been backed by many congressional Republicans, and some Democrats, as well as many in the general public, estate planners and tax advisors are preparing for the possible impact the proposed reform will have on estate planning. Estate planners are preparing for the possible consequences, even though there are still unanswered questions. For example, if the Trump plan...

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Newly Revised Form I-9, Effective January 2017

  • Nov 28 2016

Federal Law requires that employers complete Form I-9, Employment Eligibility Verification, for every new employee hired after November 6, 1986. The Department of Homeland Security has updated the I-9 Form effective January 22, 2017. Employers must use the new version, dated 11/14/16. If you have any questions regarding the new Form I-9, please do not hesitate to contact an employment law attorney at Schneider’s & Associates, L.L.P. for advice or counsel.

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Can You Keep Pot Out Of Your Workplace After Proposition 64?

  • Nov 18 2016

California voters passed Proposition 64, the Adult Use of Marijuana Act. Prop 64 legalized the recreational use of marijuana by adults 21 years old and over. Despite the passage of Proposition 64, smoking or ingesting marijuana in public will remain illegal, as will smoking or ingesting marijuana in places where smoking tobacco is prohibited. Similarly, driving under the influence of marijuana will remain unlawful. How will this affect the workplace? Employers need not fret,...

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Win Your Real Estate Lawsuit With Interlocutory Judgment

  • Nov 1 2016

It’s not unusual for family relatives to co-own real estate: parents leave the family home to all their offspring as investment property, or siblings pool their inheritance from a deceased parent and purchase investment property. But then time passes, and eventually, there will be a sibling who does not wish to co-own property with her siblings any more. Or one of the co-owners is unable or unwilling to contribute financially to upkeep, taxes or...

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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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