FinLaw, Author at Business & Real Estate Law, Financial Fraud, Contract Disputes, Probate Attorney: Oakland, CA

May 2, 2018 By FinLaw

3 Questions to Ask Before Filing for Bankruptcy

Being in the position where you have to file for bankruptcy can be very stressful. Not only is it an ordeal in and of itself, but you have to consider the consequences as well. It will wipe the slate clean in a sense, but at the same time, it is important to consider the ramifications that it will have in terms of your credit and your ability to make the financial decisions that you will want to make in the future. As such, there are certain questions that you should ask your Oakland bankruptcy attorney before actually going through with filing for bankruptcy.

The first question you should ask is: Should I be filing for bankruptcy? You should be well aware of the impact that this decision will have if you do it, including the impact that it will have on your credit. You should also ask this question: What type of bankruptcy would be the best for me to file? Generally, in this situation, the choices will be chapter 7 bankruptcy and chapter 13 bankruptcy. Chapter 7 bankruptcy will wipe out most of the debts that you have, while chapter 13 bankruptcy will require you to pay at least some of the debts. However, this does not automatically mean chapter 7 bankruptcy is a better option in every case. The one that will be best for you will depend on your specific situation. A third question you should ask is: How much will it cost for me to file bankruptcy? You should ask your attorney how much it will cost to make your case, including not only the filing itself but also attorney fees, court fees, etc. You should make sure you know what to expect when it comes to fees in your situation.

If you are in need of a CA bankruptcy litigation attorney due to a situation relating to bankruptcy in your own life, you should consider contacting The Law Offices of Steven C. Finley. If you are looking for an Oakland bankruptcy attorney, the ones at our office will be able to answer any questions that you may have and potentially help you navigate through the specifics of your situation.

April 23, 2018 By FinLaw

You have plans for a large project, but you lack certain resources to complete or even start it. Some businesses solve this kind of problem with a joint venture. A joint venture is when two or more businesses or parties combine their resources for the sole purpose of completing a project or some other kind of task. The businesses remain separate entities, but oftentimes their task may be an entity of its own.

A joint venture should result in the businesses gaining more than what they would originally gain if they were by themselves. This is the number one factor in determining whether or not you should have a joint venture. As for choosing the right people to work with, you must take resources, communication, time, strategic thinking, and trust into consideration. Though trust is essential, you still need to have your own San Francisco Bay area business attorney. An attorney can help establish a plan and defend you in court if need be.

Joint ventures can have a major impact on the future and welfare of your business. This is why it’s important to contact an attorney for advice and help on setting up and managing a joint venture. Certain law firms, like the Law Office of Steven C. Finley, provide attorneys that specialize in providing businesses with the information they need about starting a joint venture. If this is your first time considering this business tactic, then you should contact an experienced attorney who can set you on the right track.

Since multiple parties are involved in a joint venture, it is essential that you obtain an attorney. Attorneys can help you create and review documents made by you and the other businesses. You can check with them and make sure that you don’t break any deals made. A San Francisco Bay area business attorney would be especially knowledgeable about the laws in different countries. This is for joint ventures made with businesses that operate outside of this country. Finally, certain joint ventures may come to an unplanned end. This could result in legal disagreements that will take you to court. In case that happens, you have your business attorney to defend you.

April 16, 2018 By FinLaw

3 Steps to Avoiding Foreclosure

foreslosure Losing your home because of a bankruptcy-related foreclosure is one of the worst things that can happen to you, but it does not have to be that way. One way you can avoid it is to hire a bankruptcy attorney to help you go through the process. A San Francisco Bay area foreclosure attorney who can help you go through all the steps to help you keep your house is the law office of Steven C. Finley.

Step 1: Obtain a Modification on Your Home Loan

Dual tracking, the process of foreclosing a loan while the application to modify your loan is still in process, was made illegal in 2014. This makes it easier for a loan modification to reduce the interest rate and to make sure your monthly mortgage payments do not exceed a third of your income.

Step 2: Know Your Rights and Go To Court to Assert Them

You can put a stop to a nonjudicial foreclosure by taking your lender to court. As a California homeowner, you have a bill of rights, and if you can prove any violations of those rights, then you may have a case. A San Francisco Bay Area real estate attorney can guide you through the process and to prove whether the lender can be held liable for its actions.

Step 3: Apply For Chapter 13 Bankruptcy Instead of Chapter 7

If all else fails and you still cannot pay your debts without filing for bankruptcy, do it under Chapter 13. This process restructures your debts over three to five years. This gives you time to make enough payments to keep your house, as it also covers unpaid mortgage payments.

Conclusion

Do not allow bankruptcy and foreclosure to cost you your house when you have put so much time, money, and effort into keeping it. Follow these three simple steps from San Fransisco Bay bankruptcy attorney Steven C. Finley, and you can avoid making any more costly mistakes that might end up putting you and your loved ones out on the street.

March 23, 2018 By FinLaw

Many people do not realize that they may have waived their constitutional right to a court or jury trial via fine print in a variety of contracts they have signed. If you live in the San Francisco Bay area and have a contract dispute, you may want to call a San Fransisco Litigation Attorney. An attorney can explain that typical consumer agreements for credit cards, bank accounts, certain purchases, leases and the like often contain what is known as an “arbitration clause.” If you sign a contract containing an arbitration clause, you are agreeing that in the event of a dispute with the other party you will not be able to go to court, but must use a private “for-hire” decision maker. You may be required to pay part of the cost of this process. According to knowledgeable attorneys, including Litigation Lawyer San Fransisco Bay, arbitration is not necessarily a “bad” thing but it does not have the same protections as court procedures – for example, there is no jury of your peers, no right to appeal, and is conducted in private.

If you find that you do have a dispute under a contract that contains an arbitration clause somewhere in the fine print (look under “Remedies” or a similar term), it is smart to consult an attorney about your options. You may be able to argue that the clause is not valid. The Law Firm of Steven C. Finley, a San Fransisco Bay Litigation Attorney, advises consumers to check out that possibility first. Even if you are bound by an arbitration clause, however, you will benefit by consulting counsel. Arbitration proceedings may be a live hearing or may be conducted using only the paperwork, but either way you are entitled to be represented by counsel.

The help of a San Fransisco Bay litigation attorney will level the playing field, ensure that you are not confused or trapped by tricky issues, and ensure that you are fairly treated, win or lose. Contact The Law Firm of Steven C. Finley today.

March 16, 2018 By FinLaw

business litigation Found in Business & Professions Code section 17200, California’s Unfair Competition Law or UCL was established to protect consumers and companies from unlawful competition gained by any unfair, deceptive, or fraudulent business act or practice or misleading advertising. In other words, the sunny state provides an opportunity for customers who have been treated unfairly by a corporation, firm, association, partnerships, and natural persons to seek compensation for any damages, and The Law Firm of Steven C. Finley can provide you great representation for concerns of this matter.

A San Francisco Bay Litigation Attorney at our law firm believes that the best way to completely understand UCL is to learn about the three predicates or prongs of the statute. These predicates are unfair, unlawful, and fraudulent.

Unfair: A business practice is considered unfair if the act can deceive the public.

Unlawful: An unlawful business act is defined as any practice that violates a statute, regulation, or rule.

Fraudulent: Under the fraudulent prong of UCL, the victim only needs to show that the public is likely to be misled or deceived by the business practice.

When a company loses a UCL case filed against them, the court may seek to restore money, property, or other damages obtained from unfair competition to the victim. A third party may also pursue representative claims or relief on behalf of the victim if the claim is in accordance with the requirements set forth in Section 17206. As a result, the victim and the company in question may require representation from Franchise Litigation Attorney Francisco Bay.

In order to ensure that they do not violate UCL, businesses must strive to maintain good relationships with their clients and customers. If you have been a victim of an unlawful business act, The Law Firm of Steven C. Finley is prepared to help you resolve maters concerning unfair competition. A San Francisco Bay Litigation Attorney on our team can also advise companies who have had an unfair business practice claim brought against them. During the collaboration, our lawyers will educate businesses on UCL including specific strategies to avoid activities or practices that could be considered risky.

If you have any questions or concerns about unfair business practices, contact Franchise Litigation Attorney San Francisco Bay today!

3 Questions to Ask Before Filing for Bankruptcy

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