Law Offices of Eric Ridley

YES! One of the most dangerous, but still the most pervasive, myths about bankruptcy, is that your credit is destroyed for at least 10 years. Like most myths, this comes from an underlying kernel of truth. The truth is that bankruptcy reports on your credit for 10 years. However, the damage that is done is really only for less than two years. I have a number of clients who have purchased houses, cars, and have credit scores over 700 within two years after their bankruptcy discharge. It's actually very simple to ethically, honestly, and legitimately increase your credit score after the bankruptcy discharge. You're starting with really a blank slate, and rebuild it from the beginning, without the boat anchor of late payments, collections, or lawsuits showing up on your credit report.

I help with copyright, but not trademark matters.

Probate is the legal process of settling a deceased person’s estate after they die. The process involves transferring assets from the decedent to their beneficiaries. Probate is also known as administration of the estate. In California, probate is governed by the California Code of Civil Procedure (CCP). CCP Section 15100 states that upon death, the executor or administrator of the estate has 60 days to file a petition with the court to administer the estate. If no petition is filed within 60 days, the property goes into the possession of the state. California law requires that the executor or administrator file a petition for probate within 60 days of the date of death. Probate costs are particularly high in California. One of the reasons for not doing probate is due to the costs associated with having an estate lawyer draw up documents and pay legal fees.

File bankruptcy. You may be able to recoup some or all of the money if you immediately file for bankruptcy. This option varies from state to state. If you are able to “exempt” those funds that were levied from your bank, the creditor could be forced to return the money to you.

One strategy to deal with the wage garnishment is simply to pay off the judgment in one lump sum by borrowing from friends and family. If that’s not possible, there are three other ways to stop the wage garnishment. 1. Negotiate with your creditor 2. Challenge the garnishment 3. File bankruptcy.

When you're sued over your credit card debt, the most important thing is to take it seriously. Request a settlement. Pay the full amount. Declare bankruptcy. Fight the lawsuit.

Unfortunately, no. We are required to list all of your cards on your bankruptcy petition. Even if you have a card with a zero balance, it will usually close once we file your petition. However, the news isn't all bad. The good news is that you can - and will - get new credit very quickly after your discharge, and after your bankruptcy case closes.

Almost always, the answer is "yes." In a Chapter 7, there are a number of ways to keep your car: You can "reaffirm" your loan, which means you agree to continue your obligation to the lender. In some cases, you can continue paying without reaffirming the loan. This is known as "pay and retain." Some lenders permit this. In some cases, we can file a motion to permit you to purchase the vehicle from the lender for what it's worth, not what you owe (if you're extremely underwater on the loan). Or, you can turn the car back to the lender and purchase another vehicle, often a better vehicle for a lot less money.

It depends. There are two questions to answer. First: how far has the dementia progressed in your loved one? Second: does your loved one have the capacity to sign? Courts have found that in even people with the most advanced stages of dementia, some people can have the capacity to sign legal documents. The medical community and the legal community have different definitions of incapacity. Even a doctor’s written statement of incapacity doesn’t necessarily determine legal incapacity. A person diagnosed with Alzheimer's Disease, for instance, may be legally competent to sign legal documents. Your attorney knows the legal requirements and will discuss capacity issues with you.

Estate planning is often overlooked, but it’s essential to ensure your family has financial security after you die. Why is it important? What should you consider before creating an estate plan? Estate planning is the legal process of preparing a person’s assets and liabilities for distribution at death. This includes setting up trusts, wills, powers of attorney, health care directives, and other documents. An estate plan helps ensure your loved ones receive the things they need after you pass away. If you don’t create an estate plan, your heirs may struggle to pay off debts or deal with probate court.

Call Eric. He is kind & knowledgeable. He is steering me back to sanity.