The Bankruptcy Code enumerates several exceptions to a discharge in bankruptcy. Among the most notable exceptions are child support arrearages, spousal support arrearages, student loans less than 7 years old, debts conceived in fraud, debts as a result of a breach of a fiduciary responsibility, and certain taxes.
Guardianship
This again is something that may change as time goes on. Therefore, make sure to revisit the guardianship designation as the guardian’s family situation, or yours, changes.
Spousal Support
Generally a creditor must file a complaint in the bankruptcy court to litigate whether a debt should be excepted from discharge. Non-dischargeable obligations for child support, spousal support, student loans, and tax obligations are controlled by statute and do not need to be litigated to determine their status. Generally, if a debtor wants to demonstrate that such typically non-dischargeable debt is dischargeable, the debtor would need to bring a motion to determine dischargeability during the bankruptcy proceeding.
Annulment
You should make and sign a new Will if you marry or divorce. Divorce or annulment automatically cancels all property stated to pass to a former husband or wife under a Will, and revokes the designation of a former spouse as executor, custodian, or guardian. You should sign a new Will when you have more children, or if your spouse or a child dies. You may want to change your Will if there is a large change in the value of your assets.
Tax Scams Continue, Beware Last week the IRS issued yet another warning that tax scams continue as this tax season draws to a close. In the March 14 IRS Newswire report, the IRS warned about a new scam tactic used by criminals to get sensitive, financial and personal information from unsuspecting victims. Earlier this year we posted about tax scams involving fake charities and identity theft. We posted in 2015 about phishing scams, where con artists use fake emails or set up fake websites in an attempt to get your information. Similar scams continue and now may involve criminals pretending... Read More
GQ LAW is pleased to have Richard A. Mathurin II as a member of its professional team. Since graduating cum Laude from The University of Notre Dame and UCLA School of Law, Rich has enjoyed an exciting and diversified career in the practice of law. In his early career, he assisted several energy companies all over the world in the development and funding of major wind energy and other green technology projects. Following an assignment by his firm to their Far East offices in Tokyo and Singapore, Rich represented global corporations such as Hitachi, UPS, and Fuji-Xerox in major commercial transactions. More recently, Rich returned to his native San Diego to care for an ill family member and work in the local community.
Limited Liability Companies
A limited liability company consists of one or more members which may be individuals, partnerships, limited partnerships, trusts, estates, associations, corporations, other limited liability companies or other business entities. The members of a limited liability company are afforded limited liability similar to shareholders of a corporation and have pass-through taxes comparable to a partnership.
Podcasts for Entrepreneurs Podcasts are one of the most underutilized, often free resources available to entrepreneurs and small business owners. What’s a podcast? podcast (pod-kast, -kahst) noun 1. a digital audio or video file or recording, usually part of a themed series, that can be downloaded from a website to a media player or computer The Apple iTunes store has a ton of podcasts available on a variety of topics. Gary even has a podcast of his radio show GQ On The Law Radio. Check out his podcast for FREE info on everything from Obamacare, to Estate Planning, and Tax Advise to... Read More
Wills
Our services include preparation of Wills and Trusts, making changes to existing Wills and Trusts, and help with distribution of assets.  Gary is also available to consult with executors, administrators, trustees, and personal representatives about their duties as estate administrators.
Trusts
The process of putting your property into your Living Trust is called “funding” The process of putting your property into your Living Trust is called “funding”. To be vaild, a Trust must be funded. If your Trust is not funded, it is invalid. If you become incapacitated or die before you transfer property to the Trust, your heirs (family) will need to go to Probate Court to have a Judge determine if the Trust is valid. You can avoid this mess if you fund your trust.Learn about trust funding by listening to this blog post radio show or visit GQ Law for a free... Read More
Power of Attorney
Another essential document, at Power of Attorney, assigns and allows others to help out in a situation where you can not do it alone.
Probate
The GQ LAW Estate Planning Team provides comprehensive estate planning services including preparation of Wills, Trusts, Powers of Attorney, Guardian Designation, Trust Certification, Health Care Directives, and more. Estate Administration and Probate services are available to help Executors and Trustees with accounting for and distribution of assets. We represent and advise Executors, Administrators, Trustees, and personal representatives regarding their duties as estate administrators. When necessary, our mediation and litigation team is well versed in using the California courts to protect and defend inheritance rights.
This article will give you Chapter 13 Bankruptcy in a nutshell. It does not cover all aspects of a Chapter 13 but I’d love to speak with you, in person, about your particular case and go over all the details as well as your options. If you have questions or need help figuring out if a Chapter 13 Bankruptcy is right for you please call my office to set up your free consultation today- 858-549-8600 or use the web form to request an appointment online.
Foreclosure
Chapter 13 can also be used to stop a foreclosure and get current on mortgage arrears (past due mortgage payments). Through either a Chapter 7 or a Chapter 13, most filer’s credit actually
Tax Law
Yes. A statutory Will is a simple Will. It is not designed to avoid court involvement, reduce death taxes, or other taxes. Talk to a lawyer to do tax planning, especially if (i) your assets will be worth more than $100,000 at your death, (ii) you own business related assets, (iii) you want to create a trust fund for your children’s education or other purposes, (iv) you own assets in some other state, (v) you want to disinherit your spouse or descendants, or (vi) you have valuable interests in pension or profit sharing plans. You should talk to a lawyer who knows about estate planning if a statutory Will does not meet your needs. A statutory Will treats most adopted children like natural children. You should talk to a lawyer if you have stepchildren or foster children whom you have not adopted.