Southern California bankruptcy attorney relates the story of the character played by Ben Affleck in the film, The Company Men, to average men and women facing the loss of a job
Ben Affleck, a native of our own California, recently starred in The Company Men, alongside Tommy Lee Jones, Chris Cooper, and Kevin Costner. The film tells the stories of three men named Bobby Walker (Ben Affleck), Gene McClary (Tommy Lee Jones), and Phil Woodward (Chris Cooper) who are businessmen at the GTX Corporation but lose their jobs due to corporate downsizing. The drama is meant to reflect the economical state the US was going through in the late 2000s.
In the film, Bobby Walker discovers the hardships of losing his six-figure job. Walker’s golf club membership is canceled, and he is forced to sell his house–located in the beautiful suburbs–and his new Porsche. Unable to find work anywhere else, Walker reluctantly turns to the house building job his brother-in-law, Jack (Kevin Costner), offers him. The film accurately portrays the struggle that many Americans go through when they find themselves unexpectedly unemployed.
Walker, fortunately, was able to get back on his feet in the end thanks to help from his family. For people who cannot catch a break as Walker did, bankruptcy attorney David Lozano offers his services! The Law Offices of David Lozano can help you cope with the loss of a job and prevent foreclosure! Had Walker gone to a bankruptcy lawyer, he may have been able to keep his home and Porsche! Contact me or visit one of our Lancaster, West Covina, or Ontario locations for a free consultation!
Wondering what to do about the home when going through divorce and bankruptcy? (Los Angeles attorney David Lozano offers his help to divorced couples!)
Not too long ago I wrote about how divorce is one of the three leading causes of bankruptcy–along with medical bills and the loss of a job–in Wondering what you should do when dealing with divorce as well as bankruptcy? (Los Angeles attorney David Lozano offers his advice!) And earlier in the year I wrote a blog entitled, Does filing bankruptcy lead to divorce? Today I’d like to discuss situations that may arise when going through divorce and bankruptcy.
Married couples who are considering or have already gotten a divorce sometimes find themselves in a fix when it comes to what to do about the home. Oftentimes neither spouse can afford to keep the house or apartment on their own. In cases like this, couples may end up living together out of necessity, staying at opposite corners of the house or on separate floors as much as possible. Couples will even try to avoid filing bankruptcy by putting their home up for sale, hoping to make enough money to pay off the mortgage, so that they can buy new homes. Many times the couple is forced to dramatically lower the price of the home to avoid foreclosure, even settling for a price far below the retail value.
In a situation like this, I urge couples to contact me or visit one of our Lancaster, Ontario, or West Covina office locations for a free consultation! With the help of a bankruptcy attorney, the couple may have better luck getting the house sold at a fair price or keeping the house, if they so desire!
A while back there was an article in a Sapurstein & Associates newsletter about a tax ruling concerning the tax deduction for a mortgage that centered around a couple and their son. After filing for bankruptcy some months prior, the couple was looking to take out a mortgage but didn’t qualify due to their credit. Since the couple was still rebuilding their credit score, their son took out the mortgage using his credit score.
Everything went smoothly, but when tax time rolled around the question became who should receive the tax deduction for the mortgage? Although the mortgage was under the son’s name, his parents were the ones actually living in the house, making the mortgage payments, and maintaining the house. The tax court finally ruled that the parents were the equitable owners and gave them the tax deduction.
I am always happy to see things work out for people who have gone through bankruptcy. It is stories like this one that reinforce what I tell my clients everyday–bankruptcy is a new beginning! Although there may be a few stumbling blocks along the way, small setback can be overcome! Contact me for a free consultation and get started on your own new beginning!
Wondering what you should do when dealing with divorce as well as bankruptcy? (Los Angeles attorney David Lozano offers his advice!)
Along with the loss of a job and medical bills, divorce is one of the most common contributing factors that lead to bankruptcy. Divorce settlements don’t always leave one or both parties with enough to sustain themselves. Many times people are left without a house or car and are sometimes required to pay for child support or alimony.
When it comes to filing bankruptcy due to divorce, there are a few tips you should keep in mind. Only existing debt that has been incurred prior to filing is affected by the bankruptcy claim. So if the divorce hasn’t been finalized, you will be held responsible for all expenses that come up after filing bankruptcy. Another fact to be aware of is that some payments will not be eliminated by filing bankruptcy, such as child support or alimony. On the flip side, if you are receiving child support or alimony, that money is typically exempt from the bankruptcy process!
Bankruptcy is difficult enough without having to worry about divorce litigations on top of that. Should this happen, however, you can rest assured that David Lozano will get you through the bankruptcy process as smoothly as possible! Contact me for a free consultation!
To the IRS and many collection agencies, to forgive debt means that while you don’t have to repay the debt, there is a possibility that you will still owe income tax on it! In bankruptcy, having debt discharged means that you are exempt from having to pay all or part of the debt you owe–depending on the type of bankruptcy claim you file. The whole point of bankruptcy is to give people a second chance and a fresh start!
Coming to terms with your debt is difficult thing to do. Many clients come into my office thinking they could have done something differently to avoid bankruptcy. But in most cases the circumstances that lead to debt are beyond your control, such as the loss of a job or unexpected medical bills!
Although collection agencies may have a somewhat distorted view of what forgiveness is, they are on the right track in their terminology! Friends, family members, and employers need to show forgiveness to people who are in debt or filing bankruptcy. More importantly though, you need to be able to forgive yourself! You cannot blame yourself or let others place the blame on you. Contact me for a free consultation. By filing bankruptcy you are doing the responsible thing by taking charge of the situation!
Don’t go down with the ship! (Los Angeles bankruptcy attorney David Lozano helps business owners navigate business bankruptcy!)
Owning a business is not a task to be taken lightly, as any business owner will tell you. Business owners must have integrity, dedication, discipline, and a good head on his or her shoulders! Part of having a good head on your shoulders is recognizing when the business is drifting into troubled waters and knowing what to do about it.
There are steps that business owners can take to get the company through a rough patch. When times are slow and the cash reserve is starting to run dry, the key to preserving the business is to prioritize and negotiate! Business owners must reevaluate the company’s finances and make adjustments while making sure to stay current on taxes and utility bills. Business owners must also talk to their suppliers and creditors to negotiate payment strategies. The important thing is to not fall behind because that is a slippery slope that can often lead to staggering debt!
Of equal importance is maintaining your integrity despite your struggles! Don’t try to gloss over details when trying to take out a loan or surreptitiously give away assets to squeak by. The consequences of such actions will come back to haunt you! You don’t want to have to deal with accusations of fraud on top of everything else!
The hard truth is that sometimes, despite all their efforts, business owners simply cannot put the business back on track on their own. When that happens, contact the Law Offices of David Lozano for a free consultation! I will lend all my professional expertise to evaluating your business’ financial situation. And, if it comes down to filing business bankruptcy, you will be in the best of hands! My topmost concern is helping you steer your finances back on the right course!
Business owners often devote a full 40-hour work week to managing their business. This simply goes with the territory of owning a company, but I’ve found small business owners go a step further. They spend more than the allotted 40 hours a week making sure every project and final piece of paperwork is in order, down to the last minute detail!
Many small business owners will cancel or reschedule personal plans when a situation at work arises that needs their immediate attention. In fact, a small business owner’s personal life and business affairs are usually so entwined it is hard to tell where one ends and the other begins.
It is in cases like these–when the business is not a corporation, partnership, or a limited liability company (LLC)— that it falls on the owner to file bankruptcy if the business is in danger of going under. It is also important to understand that filing Chapter 7 or Chapter 13 for a business is different than filing personal bankruptcy.
In Chapter 7 business bankruptcy, ownership of the business is transferred to the bankruptcy lawyer, who is responsible for ceasing operations and liquidating the business’ assets with the proceeds going to the creditors. Chapter 13 business bankruptcy gives the owner more time to sell assets. The benefit of this is that the owner may be able to sell the assets for a better deal than what the assets would be sold for with Chapter 7 business bankruptcy.
When small business owners must file business bankruptcy it can seem like asking the owner to give up an arm or a leg. I know how attached small business owners can be to their company, and I do everything in my power to ease the process. Contact me for a free consultation to determine what needs to be done for your small business!
Commercial and Internet ads for payday loans are a dime a dozen these days. And if you’ve seen one you’ve seen them all. Payday loans all work basically the same way–you write a check (or grant the lender permission to access an electronic account) to cover the money you are borrowing plus the finance charge. This transaction is then held by the lender until your next payday. Of course if you don’t have the money to cover the cost of the loan by your next payday you’re pretty much out of luck!
It is likely this and many other reasons why payday loans are legal in only thirty-seven U.S. states–with our sunny California being one of them. Nine times out of ten the consequences outweigh the benefits of getting a payday loan. And with online payday loans, there is an added risk of fraud. You hear about online scams all the time, and they are definitely something you do not want to happen to you! You need to be careful when giving out financial information in any situation, but be particularly careful when it’s over the Internet to a payday loan service!
If you find yourself struggling to make ends meet a payday loan is probably not your best option. Contact me for a free consultation and we will discuss your financial situation to determine what is the best course of action for you!
The uncertainty that accompanies filing for bankruptcy is a discomfort that has dogged nearly every client I’ve ever had. Until debt began to pile up, their lives had a fairly comfortable and predictable rhythm. Deciding to file bankruptcy throws off that rhythm and requires people to find a new one. Oftentimes it is difficult to adjust to the new rhythm, but fortunately I am here to help!
It’s like Chinese dragon boat racing. In dragon boat racing you have paddlers, a drummer, and a steersman. The paddlers propel the boat. The drummer sets a rhythm to which the paddlers row to. And the steersman determines where the boat goes. So let’s say you are the paddlers and your bankruptcy attorney is the drummer–we’ll get to the steersman later.
For the first half of the race your rowers move at a steady pace, following a rhythm that is comfortable and works well. Then, out of nowhere, a rival racing team with the name “debt” printed on the side of their boat overcomes you! If you don’t do something about it, debt is going to win and your ship will be sunk! That’s when I step in as the drummer for your team. I step up the pace and beat to a different rhythm. The rhythm might seem frantic and you may have trouble getting into the groove of it at first, but once you start the new rhythm, things go smoothly again. Debt falls behind and you take the lead! The finish line is in sight and with your new and improved rhythm, nothing stands in your way! Victory will be yours!
This is where the steersman comes in. You are in charge of steering the boat. I may have helped you find a new rhythm, but it’s your responsibility to make sure that you’re heading in the right direction! You are in control of where you go from here. And without debt to weigh you down, you can row with ease. So pick a direction and go for it!
What if creditors continue to call after your debt has been discharged? (Bankruptcy attorney David Lozano urges you to stand your ground!)
Once your debt has been discharged by the bankruptcy court, creditors and collection agencies are out of luck! Third party collection agencies have been known to contact a person and demand payment even after that person has declared bankruptcy and had his or her debt discharged. Do not fall prey to their subterfuge! By taking responsibility and filing bankruptcy you have cleared your name! That means that anyone calling about debt that has been discharged is out of line!
If creditors or third party collection agencies call after the bankruptcy court has approved your bankruptcy claim, take appropriate action! Tell them that the debt has been discharged. If they do not accept that fact or continue to hassle you, don’t give in! They are in the wrong, so stand your ground! Inform them that you will contact the Federal Trade Commission if they continue to call. Attempting to collect on debt that has been discharged is illegal and they can be held in contempt for doing so!
The whole point of filing bankruptcy is to get a fresh start without having to worry about creditors! As a bankruptcy attorney, I can help you make sure that no one takes advantage of you! I look out for my clients before, during, and after the bankruptcy process so that you can enjoy your debt free life with peace of mind!