Attorney Blog

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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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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