§341 Meeting of Creditors Process

The hearing room is a relatively small room with a capacity of about 50 people. There are approximately ten cases scheduled during a 30 minutes block of time; however, sometimes it may take longer. The Trustee will call forth Debtors in each case and ask them a series of questions. Although your creditors will be informed of this hearing and are allowed to attend, it is very rare that any actually show up.

United States Bankruptcy Court, Eastern District of California – 7th Floor § 341 Meeting Rooms

Initial Questions

1. State your name for the record. Is the address on the petition your current address?
2. Please provide your picture ID and Social Security number card for review.
1. If the documents are in agreement with the § 341(a) meeting notice, the Trustee will indicate so on the record with, for example:
1. “I have viewed the original State of California drivers license and original Social Security card and they match the name and Social Security number on the § 341(a) meeting notice.”
2. If the documents are not in agreement with the § 341(a) meeting notice, the Trustee will indicate so on the record with, for example:
1. “I have viewed the original Social Security card and the number does not match the number on the § 341(a) meeting notice. I have instructed the debtor to submit to the court an amended verified statement by [date], with notice of the correct number to all creditors, the United States Trustee, and the trustee; and to file with the court a redacted copy of the notice, showing only the last four digits of the Social Security number, and a certificate of service.”
3. Did you sign the petition, schedules, statements, and related documents and is the signature your own?
4. Did you read the petition, schedules, statements, and related documents before you signed them?
5. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
7. Are there any errors or omissions to bring to my attention at this time?
8. Are all of your assets identified on the schedules?
9. Have you listed all of your creditors on the schedules?
10. Have you previously filed bankruptcy?
11. What is the address of your current employer?
12. Is the copy of the tax return you provided a true copy of the most recent tax return you filed?
13. Do you have a domestic support obligation? To whom? Are you current on your post-petition domestic support obligations?
14. Have you filed all required tax returns for the past four years?

Follow-Up Sample Questions

1. Do you own or have any interest whatsoever in any real estate?
1. When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?
2. If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?
2. Have you made any transfers of any property or given any property away within the last one year period?
1. If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
3. Does anyone hold property belonging to you?
1. If yes: Who holds the property and what is it? What is its value?
4. Do you have a claim against anyone or any business?
1. If there are large medical debts, are the medical bills from injury?
5. Are you the plaintiff in any lawsuit?
1. What is the status of each case and who is representing you?
6. Are you entitled to life insurance proceeds or an inheritance as a result of someone’s death?
1. If yes: Please explain the details.
2. If you become a beneficiary of anyone’s estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive.
7. Does anyone owe you money?
1. If yes: Is the money collectible? Why haven’t you collected it? Who owes the money and where are they?
8. Have you made any large payments, over $600, to anyone in the past year?
9. Were federal income tax returns filed on a timely basis?
1. When was the last return filed?
2. Do you have copies of the federal income tax returns?
3. At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government ?
1. If yes: Inquire as to amounts.
10. Do you have a bank account, either checking or savings?
1. If yes: In what banks and what were the balances as of the date you filed your petition?
11. When you filed your petition, did you have:
1. Any cash on hand? b. any U.S. savings bonds?
2. Any other stocks or bonds?
3. Any certificates of deposit?
4. A safe deposit box in your name or in anyone else’s name?
12. Do you own an automobile?
1. If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?
13. Are you the owner of any cash value life insurance policies?
1. If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
14. Do you have any winning lottery tickets?
15. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
16. Have you been engaged in any business during the last six years?
1. If yes: Where and when? What happened to the assets of the business?

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*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.

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Read the testimonial yourself on Carson & Kyung’s Yelp Page.

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Mr. Sterkin previously worked for Oliff and Berridge, PLC as a Trademark Associate, the US Patent and Trademark Office as a Trademark Examining Attorney, and the Department of Justice as a Special Assistant US Attorney.

He has extensive knowledge in a variety of matters, including obtaining trademarks and copyrights, litigating to enforce intellectual property rights, and general business litigation. Our team looks forward to working together in representing persons with trademark, copyright, and business litigation issues.

The National Transportation Safety Board has recommended lowering the drunk driving threshold from .08 to .05 blood alcohol. The report indicates that over 100 other countries have adopted the .05 blood alcohol standard. Europe, for example, was able to reduce their drunk driving related traffic deaths by more than half since adopting the lower standard.

Can the Federal Government Dictate California?

Yes and No. Technically the Federal Government will not be able to enforce this new policy on California; however, they will likely use “financial incentives” through additional grants to persuade California to adopt the lower standard.

Can I Still have a Drink?

With a lower standard of .05 blood alcohol, one to two drinks could very well put some individuals over the limit. Meaning, this could potentially ruin your plans on having a glass of wine with dinner.

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Did you receive a DUI recently or have questions about the possible new policy? Feel free to contact us to set up a free consultation.

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A new breathalyzer can detect 12 different controlled substances, including methamphetamine, cocaine, heroin, and marijuana. According to test case studies, the breathalyzer was accurately detecting drug use in 87 percent of cases. This percentage is similar to blood and urine tests.

Vehicle Code 23152(a)

Vehicle Code 23152(a) states, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

Current Standards

Currently, while it is illegal to operate a motor vehicle while under the influence of drugs, it is very difficult to prove the suspected individual was in fact under the influence of drugs without first arresting them. After a suspected individual is arrested, they may then be required to submit to either a blood or urine test. After the test is administered, it can take several weeks for the results. As you can imagine, this causes long periods of concern for those innocent individuals waiting patiently to have their charges dismissed.

The new breathalyzer may change the way police operate. It could result in more driving under the influence cases, or have no effect at all. It’s tough to say. It’s also uncertain when, or if, the new breathalyzer will come to a town near you.

Arrested for DUI

Have you received a DUI? Contact us if you have any questions or want a free consultation to determine your options.

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This bill would accomplish numerous objectives, but here are 8. The objectives, summarized by AILA, are as follows:

LEGALIZATION: Allow noncitizens who are unlawfully present and who entered the U.S. before December 31, 2011 to adjust status to that of Registered Provisional Immigrant (RPI). Eligible applicants would be required to pay a penalty and back taxes. Individuals in RPI status would receive work authorization and may travel abroad. They would also become eligible to apply for LPR status after 10 years, and can apply for naturalization 3 years after acquiring a green card. Includes generous provisions for DREAMers and agricultural workers.

FAMILY-BASED IMMIGRANTS: Move the current FB-2A category into the immediate relative classification, allow for derivatives of immediate relatives, eliminate the FB-4 category, cap the age of eligibility of married sons and daughters of U.S. citizens at 31, and bring back the V visa.

EMPLOYMENT-BASED IMMIGRANTS: Exempt the following categories from the quota: EB-1 immigrants, doctoral degree holders, physicians who have completed the foreign residency requirement, and derivatives. Add a new “EB-6″ category for certain entrepreneurs.

TEMPORARY WORKERS: Create a W-1 visa for lesser-skilled workers, a W-2 visa for aliens coming to the U.S. temporarily to perform agricultural services or labor under a written contract, and a W-3 visa for “at-will” workers with an offer of full-time employment in an agricultural occupation. The W-2 and W-3 visas would replace the current H-2A agricultural worker program.

ASYLUM: Eliminate the one-year filing deadline and authorize asylum officers to grant asylum during credible fear interview.

E-VERIFY: Require all employers to be on the system after 5 years.

H-1B: Increase the quota to a floor of 110,000 and a ceiling of 180,000, increase the U.S. advanced degree exemption to 25,000 but limit it to STEM graduates, add a recruitment requirement for all H-1B labor condition applications involving a detailed posting on an Internet site designed by the Labor Department, add a non-displacement attestation, change the prevailing wage formula, provide EADs for spouses, and add a 60-day grace period after an H-1B has been terminated from his or her job.

FRAUD: Make it a crime to knowingly defraud an immigrant or hold oneself out as an attorney or BIA accredited representative when one is not authorized to do so. Require the identification of individuals who assist immigrants with the completion of forms and empower the Attorney General with injunctive authority to act against an unscrupulous “immigration service provider” at the federal level.

You may read the bill here.

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*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.

Recently, leaders in the tech community hope to keep the United States competitive in the global economy; namely, by advocating for comprehensive immigration reform. As the Gang of Eight prepares to present its Immigration Bill, and with President Obama’s recent change to the procedural aspects of the Hardship Waiver, more and more groups are encouraging Congress to change immigration laws.

FWD.us was created for this purpose (with others in mind) and cites to studies showing that: (1) 57% of engineering graduate students in the US are foreign-born; (2) 40% of the 2010 Fortune 500 companies were founded by immigrants or children of immigrants; and, (3) with comprehensive immigration reform, DREAMers would add approximately $329 billion to the US economy by 2030.

Here is the link to FWD.us

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By: Peter Kyung Google+ | Twitter | LinkedIn | Avvo | Facebook

*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.

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Dionne Warwick has filed bankruptcy. In 2010, she was listed as one of the most notorious tax evaders of all-time. Her tax debts began over 15 years ago and continued to grow through interest and penalties. While she attempted to pay it back, it apparently became too much and she filed bankruptcy.

The amount of taxes owed to the IRS in the end was a little over $1 million. Warwick’s average monthly income, according to her bankruptcy petition, is about $21,000.00. However, her expenses are allegedly about the same. Her petition lists a net income of only $10.00 per month.

According to a quote on RollingStone by her attorney Daniel Stolz, “Ms. Warwick had a business manager who mismanaged her affairs. Just because someone is a well-known, prominent celebrity doesn’t mean they’re conversant in their financial affairs. They rely heavily on people and frequently wind up waking up someday saying, ‘Geez how did I get in this mess and how do I get out of it?’ She was an innocent victim of terrible mismanagement.”

Wondering if you can discharge your tax debt? Check out our previous post: Discharging Tax Debt. Don’t forget to contact us if you have any questions or want a free consultation to determine whether bankruptcy is the best option for you!

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Persons who entered the US without inspection or who are otherwise ineligible to adjust their status in the US may now apply for an I-601A waiver for their unlawful presence.

Immediate relatives may avoid submitting waivers of inadmissibility based on unlawful presence (those subject to the 3-year or 10-year bar) abroad, thereby circumventing being separated from their families for months while their waivers are in review. The I-601A process will allow individuals to obtain waivers domestically, attend interviews abroad, and return within as little as a few days.

Who qualifies? The applicant must be: (1) an immediate relative of a US citizen – parent to an adult (over 21) US citizen son or daughter, child (under 21) of a US citizen, or spouse of a US citizen; (2) physically present in the US; (3) at least 17-years old at the time of filing; (4) the beneficiary of an approved immigrant visa petition; and, (5) must demonstrate “extreme hardship” to a qualifying US citizen relative.

If you have any questions regarding a potential I-601A Provisional Waiver application, please contact us.

Call Us: (916) 241-3336

By: Peter Kyung Google+ | Twitter | LinkedIn | Avvo | Facebook

*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.

Step 1: Communication

The tenant’s landlord will likely be contacting the tenant. They will want to know why the tenant isn’t making payments. The tenant may be able to explain that sales are down and request some leeway. If it’s a private landlord owner, they may be more open to negotiating with the tenant. In this high vacancy market, it’s better to have a tenant who is paying something rather than an empty unit.

Step 2: Three-Day Notice

Before an action for unlawful detainer can be brought, the landlord must send a three-day notice. This notice has very specific requirements and must be followed exactly. If the notice is not correct, the tenant may object to the action for unlawful detainer later on in the process. This notice, for example, should be in writing, describe the premises, be signed, demand possession, demand rent, specify the precise amount of rent due or specifically mention that the amount is estimated, and much more.

Step 3: The Unlawful Detainer Complaint

If no payment is issued to the landlord after receiving the three-day notice, the landlord will then file an actual complaint for unlawful detainer and summons.

Step 4: The Tenant Responds

There are several options available to a tenant after they receive the complaint for unlawful detainer. The tenant may answer, move to quash service of summons because of some defect, file a demurrer, and/or file a motion to strike. Deciding which response to utilize all depends on the facts of the case, the three-day notice, the complaint, and the summons. This decision requires experience and knowledge of unlawful detainer laws. The tenant may be able to have the case completely dropped at this stage.

Step 5: Discovery and Trial

If tenant is not able to have the case dismissed based on their response, discovery and trial will ensue. Discovery is the process of obtaining evidence to help prove the parties’ case. During this stage, parties may file for summary judgment or take other actions. Assuming the case isn’t dismissed during this stage, the parties will go to trial and attempt to prove their case in open court.

Step 6: Eviction

Assuming the tenant loses the case and a judgment was issued, a writ of possession and execution will be provided to the landlord by the court. These documents will permit the landlord to proceed through formal eviction with the sheriff delivering the eviction notice to the tenant. The tenant may then apply for a stay of execution or the tenant will be evicted.

Helpful Documents from the Courts

Unlawful Detainer Answer Form

Unlawful Detainer Proof of Service Form

Unlawful Detainer Declaration Form

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