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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 Chapter 7 or Chapter 13 bankruptcy.


Chapter 7

In Chapter 7 bankruptcy, the trustee will sell the property you are unable to exempt and use the proceeds to pay you...

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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 debts. Several meetings will be scheduled for the same time as your meeting. It is probably good idea to arrive early and listen to how the trustee handles the...

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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 applies:

  1. The state is the child’s “home” state;
  2. The child has significant connections with people in the state;
  3. The child is in dange...
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Following a divorce, there are so many dynamic factors occurring in the relationship between you and your ex spouse.

The marital relationship is over and the coParenting relationship is emerging, often bringing the hurt and grievances from the marriage. This can be a difficult time for some and while every relationship may present their own unique challenges, here is a template for rules to remember to help keep things positive.

  1. Ask questions about their point of view. If you are planning for the children it shows respect for their role as a parent if you ask them their opinion. Ask the question before you state what your opinion is. as it shows genuine interest in what they have to say. Incl...
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Here is a short but surefire list to help keep your child happy following a divorce or separation.

1. Be On the Same Page: Both coParents should be on the same page and consistent with what is permitted and not; scheduling; activities; planning and more. This allows for a smoother life, overall. Be consistent on everything you do, especially on rules. It will decrease stress and not put one parent against the other. You should both stay consistent with the same methods and this also goes for the nanny, babysitter or grandparent.If one parent allows the child to do an activity, then the child will go in that direction and not learn to take responsibility.

2. Act and Speak Age Appropriately: Try...

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Linda Lindsey
January 23, 2017


Date of Separation in California


What is the legal “date of separation” in California, and why is it important for divorcing
couples? The date of separation generally refers to the date the couple’s marriage “ended”, and
is used to determine property rights and spousal support.


Impact of Date of Separation



California Family Code Section 760, defining community property, provides, “Except as
otherwise provided by statute, all property, real or personal, wherever situated, acquired by a
married person during the marriage while domiciled in this state is community property.”


California Family Code Section 770 defines separate proper...

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*Ran in January 2012 in a local newspaper, Yes We Can.


DROWNING IN DEBT?
WANT A FRESH START IN 2012?
THINKING ABOUT FILING BANKRUPTCY BUT TOO EMBARASSED?
DON’T BE!


The current economic environment has had a negative impact on many individuals and families. Events such as: loss of a job, reduction in work hours, and business slow down have caused many to suffer financial hardships. When faced with the choice between paying credit cards and buying food, the credit cards don’t get paid. Before you know it, THE BILLS ARE TOO MUCH AND YOU DON’T KNOW WHAT TO DO!
Well, there is an answer. Consider filing for bankruptcy. Yes, I said bankruptcy! Federal laws govern bankruptcy and a fundam...

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In June, 2008, the Supreme Court of California ruled that a law prohibiting same sex marriages was a violation of the California Constitution. Almost immediately after this decision, many same sex couples were married and received marriage licenses in California. However, this did not last, because the citizens of California approved Proposition 8 in November, 2008. Proposition 8 approved an Amendment to the California Constitution, banning same sex marriages. (This left many same sex couples in legal limbo, because it was unclear if their marriages were still valid in California.) It also halted any new same sex marriages until 2013.



A lawsuit challenged Proposition 8, asserting it violated ...

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