• By: The Law Offices Of Diane Anderson
  • Published: February 15, 2021

When you choose to ignore a problem it typically doesn’t just go away and often gets worse. Many of my bankruptcy clients bury their heads in the sand because they are hoping and praying their financial situation will get better. As human beings, when we are not ready to face a problem, we think it’ll go away on its own. We bury our head in the sand because we think that it’s going to get better. People go through their retirements. They go through their savings because they don’t want to be in bankruptcy, so they deplete everything. That breaks my heart because in a bankruptcy, I could save things like that. I like it when people come to see me when they haven’t sold off their possessions or depleted their savings so I can still help them save their savings, retirement and possessions through exemptions. I’ll never forget this one elderly lady. It was during the mortgage meltdown, and she had gone up to Oregon because…Read More

  • By: The Law Offices Of Diane Anderson
  • Published: April 13, 2020

Alimony and spousal support or any type of support is the same, and it is potentially awarded to the spouse with less income from the higher earner. There is a software program called a Dissomaster or an X-spouse that calculates an amount. To calculate the amount, you plug in the income, health care, and certain deductions. It really is that simple. What Are Valid Reasons To Modify Spousal Support? There are valid reasons to modify spousal support. It typically depends on whether it’s a permanent or final order. If it’s temporary, that can always be modified because of a change. If it’s final, it depends on what’s written in the marital settlement agreement. If it says that the court loses jurisdiction, then it can never be changed. You usually want to retain jurisdiction in case there’s a change in circumstances that allow either a raise or an end in support. What Factors Do California Courts Consider In Determining Custody Or Parenting Time? In California, as…Read More

  • By: The Law Offices Of Diane Anderson
  • Published: April 9, 2020

The Constitution (Article I, Section 8, Paragraph 4) includes Bankruptcy. Therefore, United States Bankruptcy Law has been around for more than 200+ years. Virtually every industrialized country in the world has the option of filing bankruptcy as a method of financial relief. The earliest mention of bankruptcy is in the Old Testament, Book of Deuteronomy 15:1-2: “At the end of every seven years you are to cancel the debts of those who owe you money. Everyone who has lent money to his neighbor is to cancel the debt: he must not try to collect the money: the Lord himself has declared the debt canceled.” Bankruptcy is the necessary safety valve in the free market system. Without bankruptcy, people in financial diffulty would give up or become part of the underground. Society will benefit by your bankruptcy, as you will be able to become a productive citizen again and spend your money locally. It is not a crime to not pay your bills, you cannot go…Read More

  • By: The Law Offices Of Diane Anderson
  • Published: July 15, 2016

If you have filed a Chapter 13 bankruptcy case and you are struggling to make your plan payments, you may want to consider converting your case to a Chapter 7. The conversion procedure is usually simple – your lawyer files a Notice of Conversion and pays any required fees. Once this is accomplished, your case will be converted to a Chapter 7 within several days. When your filing has been converted to a Chapter 7, the new trustee will be appointed and he or she will schedule a new meeting of creditors as required by 11 U.S.C. §341. Even though you had a prior meeting of creditors in your Chapter 13 case, you must have another one before your Chapter 7 trustee. You will also be required to file additional pleadings in your Chapter 7 case since it has different requirements than a Chapter 13 filing. For instance, in a Chapter 7 case the debtor is required to file a Statement of Intent so the…Read More