Mountain Flowers

Mountain Flowers

Friday, February 13, 2015

Winning in Unusual Way!

In a very unusual scenario, attorney was substituted into a case with a client who did not reside locally;  a hearing on an issue was set for a date only several days away, at which time attorney believed the hearing could be continued. It seems the hearing was in fact a trial (according to Judge) -- and the client was not present and Judge did not want to continue the issue. Attorney went forward on the issue, with no witness or client. Using only cross examination, Attorney actually won the trial--much to surprise of  witnesses present and including opposing counsel.
This is very uncommon, but imagine how your case might work out if attorney can do this, without even having a client or a witness?
Attorney thinks it's fair to say, you would be in good hands.

In another instance of trial, after cross examining the other party, the opposing counsel suddenly called a recess. After 7 years of never being able to get a dime out of the ex, who later filed bankruptcy, client, having used 3 different lawyers, ended up contacting attorney for trial.  The opposing attorney offered a combo of about $23,000 combined cash/property $100,000, and attorney fees of $6,000. This likely meant that if they had NOT stopped the trial, my client would had gotten spousal, but we would have had to chase him forever across the USA to get it. Client elected to take the offer.

In another instance, a civil case by a former wife against former husband and girlfriend, the husband  had already been convicted of homicide (and is on appeal); the case then went to jury on issue on civil liability as to both husband and girlfriend. Keeping in mind husband was already convicted of first degree murder, the jury decided that husband was only 60% at fault in civil case. Normally the civil case has much less burden of proof, so finding the husband only 60% and not 100% evidently meant, jury wanted to punish the girlfriend because they took 40% and assigned it-- NOT-- to the husband. This verdict was reported in Verdict Search, a national reporting source for large verdicts nationwide. Counsel representing the girlfriend was from insurance defense firm.

Currently, the former wife has not been able to collect much on the verdict [of millions] after paying fees/costs and it is anticipated she will not be able to collect in the future. Very interesting case, which also involved animals (pet dogs) owned by the husband/son. Son was stabbed when father went to check on condition of dogs; father claims son ran into the knife by lunging forward. New appeal evidence indicates that forensics were not done correctly. 

Note: All of these scenarios are actual cases but by no means are such outcomes considered standard. Each case has different facts and various laws which will apply; each case can vary tremendously, and attorney is not representing that such outcomes are common. However, attorney does have a very high percent of cases that settle or result in what the client wanted.

Wednesday, February 4, 2015

Bankruptcy and Divorce-- Beware Pitfalls and Know Your Rights First

Disadvantages of Filing for Divorce and Bankruptcy at the Same Time

When you file for bankruptcy, almost all property you own becomes property of the bankruptcy estate.
 If you are in the middle of a divorce, the family court judge can’t divide and distribute your assets until
your bankruptcy is completed.
As a result, filing for bankruptcy during an ongoing divorce can drag it out unnecessarily.
Similarly, unresolved alimony or child support issues can lead to delays in the processing
 of your bankruptcy case.

Should You File for Bankruptcy or Divorce First?

The answer depends on your individual circumstances. Filing a joint bankruptcy before divorce can
 allow you to reduce court costs and attorney fees, simplify your divorce by discharging joint debts,
and protect more of your property if your state allows you to double your bankruptcy exemptions

by filing jointly.

In certain situations, it can also make sense to file for divorce first and then file for bankruptcy individually.
 If you maintain a single household and your joint income is too high to qualify for Chapter 7 bankruptcy
together, you may be able to qualify individually after setting up  separate households following the divorce.
 Also, if your divorce will include alimony or child support considerations, it can be helpful to have
those amounts finalized before filing for bankruptcy. If a settlement MSA/judgment has already been
finalized and entered, the Bankruptcy Code is very specific on what can and what cannot be
discharged. Spousal support, child support and certain debts are treated differently for example. Some
attorney fees are also treated differently upon offer of proof.  For example, attorney gets paid even after
client's ex husband files bankruptcy.

Attorney is familiar with issues within divorce and bankruptcy, and has seen cases in bankruptcy filed by one spouse, without telling the other spouse. Clients seeking spousal support who are in bankruptcy can get their legal fees which were used to obtain spousal support, paid in bankruptcy if in a chapter 13; otherwise, such fees are not dischargeable in bankruptcy and must be paid, and most courts will fashion an order for same, or counsel will arrange for payments since the debt cannot be retired in reality. A lien can arise for this if required, under certain circumstances.

At our Chico, California  office you can get the effective representation that you need and the affordable fees you deserve. Family law and divorce attorney
 specializes in resolution of all aspects of family law as amicably as possible in your particular
 Experienced . Whether you have been charged with a crime, are considering divorce.