- Child SupportThere are several types of debt a person or business can accrue, not all of which are dischargeable through bankruptcy. Those not dischargeable are government tax claims, spousal and child support, customs fees, fines owed for convicted crimes, student loans, and secured debt. A secured debt is a debt owed to a creditor which is “secured” by a promised collateral item should the debtor not be able to pay. If this is the case the item or items are surrendered to the creditor as an alternative to a monetary payment.
- Spousal SupportSUPPORT ORDERS - any child or spousal support orders and the name and address of the person receiving the support.
- Corporate Law
- Business FormationStarting a business can be overwhelming; there are many choices to make. A business attorney can help steer you down the proper path and help form a business that best suits your interests. We have experience in presenting clients with the options for business formation and help clients implement the business choice that will best achieve their interests and goals.
- Business DisputesI practice in California, so I am going to tailor this discussion to California business law. If you live in another state, you can use this as a general educational guide, but should consult with an attorney in your area for specific advice. Business law is controlled by state law, and each state has different rules.
- Business TransactionsOur law office represents both corporations and individuals in business transactions. Most of our clients are successful closely held businesses.
- Real Estate TransactionsThe Law Office of Mary Cavanagh, in San Marcos, California, was established in 1989 to serve the transactional and counselling needs of business people, businesses and sophisticated individuals, primarily in the North San Diego region. The practice includes business counselling and transactional work, the remainder being real estate transactions. The Law Office of Mary Cavanagh handles matters including...
- Personal InjuryCertain types of debts may not be discharged in a chapter 7 such as alimony and child support, most taxes, student loans, debts for death or personal injury caused by the debtor's operation of a boat or motor vehicle while intoxicated from alcohol or other substances, and debts for criminal restitution orders. To the extent that these types of debts are not fully paid in the chapter 7 case, the debtor is still responsible for them after the bankruptcy.
- Estate PlanningWhen it comes to estate planning, wills and trusts are essential tools. A prevailing common misconception regarding this subject is that only the wealthy are concerned with wills and trusts. However, the fact of the matter is that estate planning is a necessary for all people. An estate plan provides the legal mechanism for transferring property upon your death in a manner which recognizes your wishes and the needs of your survivors. For many people it also involves creating a plan which will take care of essential obligations and affairs in case of disability and critical personal medical choices which sometimes must be made towards the end of life. Estate planning is not merely for the prosperous, it is necessity for anyone who wishes to be taken care of in old age and ensure that loved ones are cared for once you pass.
- WillsIntestacy statutes only provide how the sum total of your property is to be distributed among your loved ones. It cannot, however, provide for which particular heir will get certain specific items as part of your property. This can often lead to several problems. Your heirs may not agree on who is entitled to certain parts of the estate. For instance, say that you wish to pass a family heirloom such as a wedding ring on to your daughter. Without this desire being expressed within a written will, your son may feel very strongly that his wife should have it instead and it will be impossible for the state to determine who will be the rightful owner of that particular asset. For this reason, even if you do not have many assets, you may be concerned about ensuring that particular items go to specific heirs according to your desires. This is only possible through the creation of a last will and testament.
- TrustsLiving trusts aren't subject to probate proceedings, they avoid the costs of a second-state probate proceeding where there is out-of-state property, there is no automatic court supervision to handles disputes, and a it will remain private.
- Probate
- BankruptcyThe following are the most common creditor methods for dealing with a consumer bankruptcy. Many of these topics also apply to business cases. However, due to the complex nature of a chapter 11 bankruptcy, those options are not be explored here.
- ForeclosureThe filing of the petition under chapter 13 automatically stays most actions against the debtor or the debtor's property. While the "stay" is in effect, creditors generally cannot initiate or continue any foreclosure, lawsuit, repossession, or wage garnishment. Chapter 13 provides a "co-debtor" stay which stops a creditor from trying to collect a "consumer debt" from another individual who is also liable with the debtor on the debt. A consumer debt is an obligation incurred for consumer, as opposed to business, purposes.