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Law & Beyond provides lawyers and non-lawyers a look at the legal issues of the day.

 

Joe Biden and Donald Trump’s Views on Bankruptcy

Posted by on Jun 2, 2020 in Uncategorized | 0 comments

Joe Biden and Donald Trump’s Views on Bankruptcy

Now that the democrats are down to one presidential candidate, it seems appropriate to examine Joe Biden’s views on bankruptcy, in comparison to President Trump’s views. Candidate Biden has not offered any new specific bankruptcy plan or reform.  However, he was instrumental in passing the 2005 Bankruptcy Abuse Prevention And Consumer Protection Act (BAPCPA), so many view that as the “Biden Plan”.  BAPCPA was introduced to make it more difficult for debtors to file for Chapter 7 bankruptcy and encouraged debtors to file for Chapter...

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Keeping Your Property in Bankruptcy

Posted by on Sep 7, 2019 in Uncategorized | 0 comments

Keeping Your Property in Bankruptcy

One of the most common questions people ask before filing for bankruptcy is, “can I keep my property?”  The short answer is that it depends on the type of bankruptcy you file (Chapter 7 or 13), along with the type of property and the value of said property at the time of the bankruptcy.  We previously wrote about the differences between Chapter 7 and Chapter 13 bankruptcy. (http://www.law-and-beyond.com/2019/09/341-meeting-of-creditors/)  In this article, we will discuss what real or personal property can be kept when filing...

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341 Meeting of Creditors

Posted by on Sep 6, 2019 in Uncategorized | 0 comments

341 Meeting of Creditors

After a party files for bankruptcy, the bankruptcy clerk will send a notice of a Meeting of Creditors, also called a “341 Meeting”.  (This is derived from Bankruptcy Code Section 11 USC 341.  The full Code section is included at the end of this article.)  What exactly is a 341 Meeting and what can one expect when they attend? What is a 341 Meeting? A 341 Meeting is presided over by the bankruptcy trustee and is generally an opportunity for the trustee and/or any creditors to ask the debtor questions about his or her assets and...

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Thinking of Filing for Bankruptcy?

Posted by on Jun 25, 2018 in Bankruptcy | Comments Off on Thinking of Filing for Bankruptcy?

Thinking of Filing for Bankruptcy?

So, your situation has reached critical mass and you need to file for personal bankruptcy. What are your options? Generally speaking, your bankruptcy options are either Chapter 7 or Chapter13. What is the difference and which  one is right for you? That depends on your financial situation. This article will discuss the main differences between Chapter 7 and 13 bankruptcies, and which one is best for a particular situation. CHAPTER 7 The key features of a Chapter 7 bankruptcy are as follows: • It will discharge most types of unsecured debt. •...

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Sexual Harassment – Have We Reached a Tipping Point?

Posted by on Dec 31, 2017 in Employment | 0 comments

Sexual Harassment – Have We Reached a Tipping Point?

Roger Ailes, Fox News.  Bill O’Reilly, Fox News.  Harvey Weinstein, Miramax.  Donald Trump, President.  James Toback, director.  Dave McClure, 500 Startups.  Justin Caldwell, Binary Capital.  John Besh, chef.  Al Franken, Senator. Matt Lauer, NBC. Charlie Rose, PBS. Mark Halperin, MSNBC.  Eric Bolling, Fox News.  Russell Simmons, Def Jam Records. Michael Oreskes, NPR.  Brett Ratner, director.  Kevin Spacey, actor.  Jeffrey Tambor, actor.  Mario Batali, chef. Twenty employees at Uber.  The list of powerful individuals accused of multiple...

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Initiating a FINRA Arbitration for Investors (Part 2 in a Series)

Posted by on Oct 23, 2017 in FINRA, Law & Beyond | Comments Off on Initiating a FINRA Arbitration for Investors (Part 2 in a Series)

Initiating a FINRA Arbitration for Investors (Part 2 in a Series)

As we noted in a prior post, almost all securities-related disputes end up in front of a FINRA Dispute Resolution, Inc. (“FINRA”) arbitration panel.  See http://www.law-and-beyond.com/2017/10/introduction-to-finra-arbitration-for-investors-part-1-of-a-series/ As the regulator for the securities industry, FINRA requires broker-dealer firms and their securities professionals to register with FINRA and to submit to the jurisdiction of FINRA, the entity that manages and administers the arbitration claims filed against FINRA member firms and/or...

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Introduction to FINRA Arbitration for Investors (Part 1 of a Series )

Posted by on Oct 2, 2017 in FINRA, Law & Beyond | Comments Off on Introduction to FINRA Arbitration for Investors (Part 1 of a Series )

Introduction to FINRA Arbitration for Investors (Part 1 of a Series	)

Arbitration is a form of dispute resolution frequently used as an alternative to a traditional lawsuit.  Instead of a judge or jury deciding the matter, one or more arbitrators are selected as neutral third parties to decide the dispute.  The arbitrators read the parties’ written submissions, listen to witness testimony, review evidence, and ultimately issue a written decision, commonly referred to as an “award” (as opposed to “judgment”).  The award is usually final and binding on all the parties: while a party can challenge a final award in...

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On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Posted by on Sep 30, 2017 in Employment, Law & Beyond | Comments Off on On-call Rest Periods: Augustus v. ABM Security Services, Inc.

On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Late last year, in a controversial, split decision, the California Supreme Court ruled that employers cannot require employees to remain “on-call” during rest periods, and that state law prohibits both on-duty and on-call rest periods. BACKGROUND The relevant facts are as follows.  The plaintiffs, including named plaintiff Jennifer Augustus, worked as security guards for defendant ABM Security Services, Inc. (ABM). One of the requirements of employment at ABM was for guards to keep their pagers and radio phones on and to remain vigilant and...

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Move Away Orders

Posted by on Sep 28, 2017 in Law & Beyond | Comments Off on Move Away Orders

Move Away Orders

One of the most challenging issues that arise involving child custody and visitation orders post separation has to do with “move away orders.”  This occurs when one parent wants to move with a child (or children) to a geographic location that would upset the balance of the existing custodial and/or visitation situation. This article will discuss the law applicable to move away orders, and the factors considered by the court when issuing these orders. In general, a state may make a custody decision about a child if any of the following...

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New/Updated Workplace Laws for 2017

Posted by on May 15, 2017 in Employment, Law & Beyond | Comments Off on New/Updated Workplace Laws for 2017

New/Updated Workplace Laws for 2017

Starting some time in 2016, or as of January 1, 2017, there are almost two dozen new laws that impact California employers.  Brief summaries of those laws are contained in this article. (They are listed by Assembly Bill (AB) and Senate Bill (SB), in numerical order.)   ABX2-7 – Expanded Smoking Bans in the Workplace (Effective June 9, 2016) California law already prohibits smoking in the workplace.  This bill expands those prohibitions and eliminates some exceptions to the ban.  Prior to this bill, hotel lobbies, bars, taverns, gaming...

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