Bankruptcy

Bankruptcy, Debt/Wealth Management, Taxation, some Real Estate issues.

• Chapter 13
• Chapter 7
• Credit Disputes
• Debt Relief
• Garnishments
• Chapter 11
• Business Bankruptcy
• Credit Repair
• Creditor Harassment
• Personal Bankruptcy
• Foreclosures

CA, Jun 2005
Bar Number: 236391

State of California Courts and the following Federal Courts: Northern District of California, Eastern District of California, and United States Tax Court.

State Bar of California
Alameda County Bar Association
Charles Houston Bar Association
American Bar Association
National Association of Consumer Bankruptcy Attorneys

I teach and attend continuing legal education seminars on bankruptcy, taxation, wills and trusts, and real estate and I always exceed the required number of continuing education hours.

I edited and published "An Economic Agenda," the quarterly newsletter of the Economic Empowerment Foundation that provided the public and public policy makers with news, insights and analysis of key banking, insurance and tax related issues that impacted financial services consumers in December 1994 and December 1998. I prepared numerous consumer protection reports and presentations for the California Legislature, the National Association of Insurance Commissioners and the U.S. Congress.

I have also published numerous articles for An Economic Agenda, including, "Women Must Start Their Retirement Planning Now, It's Imperative," September 7, 1998 and "The California Earthquake Authority's Rate are Excessive and Discriminatory," June 7, 1997, as well as articles for other publications, including, "Risky Business: Proprietary Modeling and Insurance Ratemaking," Journal of Insurance Regulation, Spring, 1997, Vol. 15, No. 3, and "An Indelicate Balance: Lopsided Regulation Undermines Consumers' Trust in the 'Insurance Contract," Perspectives of Insurance Regulation, Second Edition, 1997.

Bankruptcy Work

In my first full year as a bankruptcy practitioner, I have counseled more than 150 families via seminars and individual consultation. I have helped more than 50 families facing foreclosure access the protection of the U. S. Bankruptcy Court as the means of keeping their homes. And while under the protection of the Court, I have been successful in stripping away my client wholly underwater junior mortgage liens. If you are behind in your mortgage payments and your bank is unwilling to offer you a meaningful loan modification, I may be able to help you keep your home by filing a Chapter 13 in Bankruptcy Court.

In a Chapter 13 Reorganization and Repayment Plan, an eligible homeowner is allowed to consolidate all their debts, including any mortgage arrearages and other secured and unsecured debt, into one low monthly payment. The payment amount is tailored to the debtor's budget. If the plan is found to be "feasible" by the Court, homeowner consolidates all missed mortgage payments or arrears and then spreads the repayment out over three to five years. The net result is that a mortgage that is in default can be legally reinstated by Federal Court Order and the homeowner continues to make her normal mortgage payments outside the plan. Once the homeowner is under the protection of the Court, the lender is also under strict scrutiny to account to the Federal Court for any fees they attempt to assert over the normal mortgage payments.

As a simple example, if you are $15,000 in arrears on your mortgage and your monthly mortgage payment is currently $3,000, your Chapter 13 Chapter payment would be approximately $250 per month. (15,000 / 60 months = $250, plus Trustee fees). The new total monthly house payment would be about $3,250. The Chapter 13 program results in a more realistic repayment plan than the short term catch up plans currently offered by most lenders outside the Bankruptcy Court, and you maintain all your rights under the Truth in Lending Act and the Real Estate Settlement Procedures Act to seek relief from lenders who violated these federal consumer protection laws.

Once under the protection of the Bankruptcy Court, I urge my Chapter 13 clients to work with one of the HUD-approved non profits, such as The Unity Council, who will charge them nothing more than the cost of a credit report to lead them through the maze of people and paperwork inside their lender with the goal of securing a meaningful modification of their first mortgage. If there is a reasonable basis to believe that the lender and/or any of its agents engaged in predatory lending in the origination or servicing of the loan, I make a referral to another great non profit, the Housing and Economic Rights Advocates (HERA), who has had success in suing some of these lenders.

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California

In addition to my legal training, I have a background in finance, insurance, financial services industry regulation and consumer advocacy. As such, the primary focus of my professional life has been to help individuals protect and grow their income and assets. This emphasis has continued and is now the primary focus of my legal practice. As such, I advise and counsel with my clients on the intricacies of federal bankruptcy law. This area of law encompasses the proper application of the Federal Bankruptcy Codes and Rules along with the applicable California and Federal case law to help my clients achieve their ultimate debt restructuring or debt relief goals. I accomplish this by meeting with clients to thoroughly review their debts, assets, liabilities, income and expenses. I then counsel my clients regarding the advisability of filing either a Chapter 7, Chapter 13 or Chapter 11 case, discussing the pros and cons of both procedures, and answering the questions each client needs in order to make an informed decision about whether to file for bankruptcy, and if so, which chapter to file under.

With a Master's Degree in the Laws of Taxation, I also advise my clients on federal income, estate, and excise tax issues, and state and local level income, business, property, sales and use tax issues. I also provide tax planning advice in the selection of a business structure, including proprietorships, corporations, limited liability companies, limited liability partnerships, limited partnerships, and joint ventures. And because I hold a California Department of Real Estate Broker's License and manage my own portfolio of real estate, I have expertise in real estate and land use law. That means I can help my clients by providing advice in the areas of residential and commercial sales, leasing, financing, title issues, landlord-tenant and other related matters such the negotiation, preparation and review of contracts and other legal documents in accordance with California Real Estate Law.

My final areas of focus are that of estate planning and wealth management. This area of law encompasses the proper application of tax, estate planning, trusts and probate law and requires expertise in the drafting of wills, trusts, durable powers of attorneys for assets, and healthcare directives. That means I help my clients do all that is legally required to ensure their assets are disposed of in accordance with their wishes upon their passing and/or their assets/financial management and healthcare-related decisions are executed by the individuals of their choosing upon their incapacity.

My firm was established part-time in 2005 with a focus on estate planning tax law. However, in the wake of the financial industry meltdown that caused most consumers to move from wealth accumulation to debt management, I moved the focus of my practice to bankruptcy, debt relief and related tax issues in 2008.

April 2004 to December 2008 - Fireman's Finder Insurance Company, Claims Legal Expense Audit Manager for the Litigation Services Unit
2001 to 2003 - Soul Beat International Television Network, Legal Analyst, Writer and Producer
2000 to 2001 - Institute for the Rule or Law, Interim Executive Director
2000 - The Law Offices of Greg Harper Stuart Flashman Attorney at Law, Law Clerk
1999 - California Public Utilities Commission, Legal Division, Law Clerk
Prior to entering law school in 1998, I ran a couple of non-profits focusing on insurance regulation, consumer financial products literacy and economic empowerment, the founding executive director of the Greenlining Coalition, which was an entity of Public Advocates, and the CEO of the Economic Empowerment Foundation.

January 2008 to present: Volunteer Legal Services Attorney at the Unity Council Homeownership Program.
January 2009 to present: Volunteer Legal Services Attorney at the Alameda County Bar Association, Chapter 7 Clinic.

(510) 856-5180

Monday through Friday
9:00 a.m. to 5:00 p.m.

No

I have access to a Spanish translator.

My bankruptcy fees are within the parameters set by the Bankruptcy Courts. However, I am willing to discuss terms with clients who need some assistance.

$250.

I offer a free one hour consultation, in addition to a free download and analysis of the financial data prospective clients provide to me via my online bankruptcy questionnaire.

It depends on the type of case.