Law Offices of Richard Mark Garber, North Hollywood, CA Lawyers

Welcome to the Law Offices of Richard Mark Garber, a full service law firm emphasizing consumer bankruptcy, wills and trusts, business formation (i.e, business incorporations and limited liability companies), business and civil litigation, and appeals. Richard Garber has practiced law since June 10, 1982;  Richard Garber opened his own law practice on July 1, 1985.

Richard Garber practices in both state and federal courts, and will represent clients throughout Southern California, including the counties of Los Angeles, Orange, Ventura, Santa Barbara,  San Bernardino and Riverside.

BANKRUPTCY

Since opening his practice, Richard Garber has represented more than 1,500 clients in Chapter 7 and Chapter 13 bankruptcies.

Chapter 7

Chapter 7 generally is for debtors who have substantial debts, but who have little or no equity in their personal or real property. Debtors have the right to claim certain exemptions in their real and personal property, so that said property is protected from liquidation. It is important for debtors considering Chapter 7 to understand that Chapter 7 is a liquidation proceeding. In Chapter 7, a trustee is appointed to marshal a debtor’s property (i.e., to look for property to sell) in order to pay the claims of creditors.

A debtor should never file Chapter 7 until he has consulted a competent bankruptcy attorney, such as Richard Garber, so that the attorney can determine whether or not the debtor can file bankruptcy while retaining all of his property. Not infrequently, Richard Garber finds that a debtor has assets which would be exposed, and subject to seizure in Chapter 7. Exemption often is a necessary first step before filing Chapter 7.

A  debtor should never file Chapter 7 until he has consulted a competent bankruptcy attorney, such as Richard Garber, to determine whether or not the debtor is eligible to file Chapter 7. Not infrequently, Richard Garber finds that a debtor is not eligible for Chapter 7, because he has too much disposable income. Richard Garber is experienced in finding or increasing expenses which are deductible, and which will reduce a debtor’s disposable income.

Where appropriate, Chapter 7 is a great way to discharge all or most of a debtor’s debts (with the exception of student loans, generally speaking) and to get a fresh financial start, while retaining all of their personal property and real property, if they are current with their mortgage payments.

Chapter 13

Chapter 13 is a great way to restructure one’s debts. Home owners who are delinquent on their mortgage payments can cure their mortgage arrears, allowing them to save their homes from foreclosure. Home owners in Chapter 13 can strip off their second mortgage liens and, depending on their disposable income, they may not have to repay any of their unsecured second mortgage lien. Tax payers can use Chapter 13 to pay off that portion of their state and federal income taxes that are NOT dischargeable without having to pay any more interest. In Chapter 13, tax payers can discharge tax penalties, and strip off tax liens from their real property if there is no equity in their property. Chapter 13 is a great way for debtors to restructure their debts, and to emerge from bankruptcy in three to five years with no debt, and with all of their property.

 

WILLS & TRUSTS

Most people, especially those with real property, should have a will and a living trust. A trust is a document which allows a the trustor, the trust creator, to specify how he wants his possessions to be distributed after his death. The trustor transfers his personal and real property to the trust, which is supervised by a trustee.  By transferring his property to a living trust, the trustor avoids the expense and inconvenience of probate, because the trust, which now holds the trustor’s property, lives on after the trustor’s death.  The trust documents also include a will, called a pour over will; the will catches any property that may have been left out of the trust, or which may have been acquired after the trust’s creation, and leaves it to the trust. The trust documents also include a health directive. In the health directive,  the trustor tells his doctors what level of medical treatment he wants them to take on his behalf should he become incapacitated, and unable to communicate with his doctors.

 

BUSINESS FORMATION

Business formation involves the creation of new business entities – primarily corporations and limited liability companies. Forming a corporation or a limited liability company properly involves more than just filing the articles or operating agreement. When Richard Garber forms a corporation or a limited liability company, he also prepares the by-laws, and the organizational minutes. Richard Garber obtains the federal and state tax identification numbers. If appropriate, he files the Subchapter “S” election with the IRS.  Richard Garber also issues the stock.

Most individuals who form their own corporations without the assistance of an attorney rarely prepare their by-laws, or their organization minutes, or issue their own stock. These documents are necessary to legitimize the corporation. The failure to complete all of the incorporation documents can have terrible repercussions in the event that the corporation is sued, and loses the law suit. The failure to issue stock, or the failure to complete the by-laws, and/or to keep the minutes of corporate meetings can lead to the corporate veil being pierced (i.e, to the corporation being disregarded), and to the personal liability of the corporate officers.

 

BUSINESS & CIVIL LITIGATION

Richard Garber has litigation experience in a full range of business and civil matters, including collections, commercial unlawful detainer defense, contractual disputes, fraud, real estate disputes, and business disputes. Litigation matters are billed hourly, and will require a substantial  up-front retainer fee.


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I’m sure you have many questions. For a FREE CONSULTATION, Call The Law Offices of
Richard Mark Garber at 818-762-8120 and I will be more than glad to offer you my advice.