BANKRUPTCY BASICS

 

BANKRUPTCY BASICS

 Bankruptcy Information

WHAT TO EXPECT

 Discuss with your attorney your goals in filing the case.
 

2. Cooperate with your attorney in preparing all required bankruptcy papers and
documents, thoroughly reviewing drafts of documents, and advising your attorney
2 of corrections needed.
3. Provide your attorney with all documentation he or she requests, including but not
limited to accurate copies of the following documents:
a. Certificate of Credit Counseling, together with the debt repayment plan, if
any, prepared by the nonprofit budget and credit counseling agency that
provided individual counseling services to you prior to bankruptcy.
b. Proof of income you received from all sources in the 6-month period before
your case was filed. Some examples include paycheck stubs, Social
Security statements, worker’s compensation payments, income from rental
property, pensions, disability payments, self-employment income, child and
spousal support, and other payments. If you are self-employed or own a
business, you should provide report(s) disclosing monthly income and
expenses for the 6-month period before the case was filed.
c. Federal and state income tax returns, or transcripts of returns, for the most
recently ended tax year, as well as any other returns requested by your
attorney.
d. Proof of your identity and Social Security number. Some examples are
your driver’s license, passport, or other document containing your
photograph.
e. A record of your interest, if any, in an educational individual retirement
account or a qualified State tuition program.
f. The name, address and telephone number of any person or state agency to
whom you owe back child or spousal support or make current child or
spousal support payments. Include all supporting documents for the
payments. Some examples of supporting documents are a court order, a
declaration of voluntary support payments, a separation agreement, a
divorce decree, and a property settlement agreement.
g. Any insurance policies requested by your attorney.
h. Documents relating to any inheritance to which you are entitled.
i. Documents relating to any legal action in which you are a party.
II. AFTER THE CASE IS FILED, YOU AGREE TO TIMELY AND
PROMPTLY COMPLY WITH ALL APPLICABLE CHAPTER 7 RULES
AND PROCEDURES, INCLUDING BUT NOT LIMITED TO:
3 1.
Attend the § 341(a) meeting of creditors at the time(s) ordered.
2. Keep the Chapter 7 trustee and your attorney informed of your current address and
telephone number and employment status.
3. Inform your attorney of any wage garnishments, seizure of assets or liens that
occur or continue after the filing of your bankruptcy case.
4. Provide copies of all federal tax returns or transcripts to your attorney when
requested, and pay over to your attorney or the trustee, as directed, the nonexempt
portion of any tax refunds.
5. Contact your attorney promptly if you are sued on a scheduled debt or if you file a
lawsuit or intend to settle any dispute relating to events that occurred prior to the
filing of your bankruptcy case.
6. Provide on a timely basis all information or documentation requested by your
attorney, including all information needed to respond to any motion or objection
seeking relief in your bankruptcy case.
7. Provide your attorney with any tax returns, account statements, pay stubs, or other
documentation necessary to comply with any audit requests.
8. Respond promptly to all communications from your attorney.
III.
BEFORE THE CASE IS FILED, YOUR ATTORNEY AGREES TO
PROVIDE ALL SERVICES NECESSARY FOR REPRESENTATION,
INCLUDING BUT NOT LIMITED TO:
Attorney will personally*:
1. Meet with you to review your assets, liabilities, income, and expenses.
2. Counsel you regarding the advisability of filing either a chapter 13 or a chapter 7
case, discuss bankruptcy procedures, and answer your questions.
3. Review the completed petition, statements, schedules, and all amendments with
you.
4. Explain to you the attorney’s fees that are being charged in the case, how and
when those attorney’s fees are determined and paid, and whether additional fees
will be charged for representation in adversary proceedings that might be filed in
the case, or in the event the case is converted to another Chapter.
5.  Provide a fully signed copy of this document to you.
4 With the assistance of staff under his or her supervision, your attorney will:
6. Verify the number and status of any prior bankruptcy case(s) filed by you or any
related entity.
7. Timely prepare and file your petition, statements, schedules, required documents
and certificates, and all necessary amendments to these filings.
* The term “personally” means that the described service will be performed only by an
attorney who is a member in good standing of the Bar and admitted to practice before the
bankruptcy court. The service shall not be performed by a non-attorney even if that
individual is employed by the attorney and is under the direct supervision and control of
that attorney.
IV.

1. Advise you of the requirement to attend the § 341(a) meeting of creditors and
inform you of the date, time, and place of the meeting. In the case of a joint filing,
inform you and your spouse that both of you must appear at the meeting.
2. Inform you that you must be punctual for the § 341(a) meeting of creditors or the
meeting may be continued to a later date.
3. Attend the § 341(a) meetings and any court hearings, either personally or through
another attorney from his or her firm or through an appearance attorney who has
been adequately briefed on the case.
4. Advise you if an appearance attorney will stand in for him or her at the § 341(a)
meeting or any court hearing, and explain to you in advance, if possible, the role
and identity of the appearance attorney. In any event, it is your attorney’s
responsibility to adequately prepare the appearance attorney for the meeting or
hearing by providing all documents and information in sufficient time to allow for
proper representation of you.
5. Notify you on a timely basis if any pleading seeking relief against you is filed.
This notification shall specify a deadline by which you should contact your
attorney to discuss a response to the pleading and may state that if you do not
contact the attorney timely, such attorney may choose not to file a response. Such
notification should explain the potential consequences of not filing a response to
the pleading.
6. If your attorney is contacted by you on a timely basis, as provided in paragraph 5,
5 such attorney will timely respond in an appropriate manner to any pleading
seeking relief against you.
7. Prepare, file, and serve on a timely basis any necessary amended statements and
schedules and any change of address, based on information provided by you.
8. Monitor all information filed in your case for accuracy and completeness.
9. File objections to claims when appropriate.
10. Prepare and file a proof of claim for a creditor when appropriate.
11. Advise you of the effect of proposed reaffirmation agreements and, where
appropriate, negotiate alternate terms with secured creditors.
12. Attend any hearing scheduled by the court on a reaffirmation agreement,
regardless whether such attorney has signed off on the agreement.
13. Unless otherwise agreed before the bankruptcy case is filed, your attorney will
represent you in adversary proceedings, including but not limited to objections to
discharge and/or dischargeability. Unless otherwise agreed before the case is
filed, your attorney will also continue to represent you if the case is converted to
another Chapter of the Bankruptcy Code. The attorney is not, however, obligated
to represent you in an appeal to another Court.
14.
If your attorney has not been retained to represent you in adversary proceedings,
and an adversary proceeding is then filed against you, the attorney will, within 7
days after receiving notice of the adversary proceeding, explain to you the
estimated cost of providing representation in the adversary proceeding, the risks
and consequences of an adverse judgment, and the risks and consequences of
proceeding without counsel. In addition, the attorney shall advise you of the date
by which a response to the adversary proceeding is due in order to avoid a
judgment being entered against you based on your failure to respond. And, the
attorney shall advise whether you may be eligible to participate in a program in
your part of the district to provide eligible debtors with attorneys at no or reduced
charge, and who to contact about participation in such a program.
15. Prepare, file, and serve any other motion that may be necessary to appropriately
represent you in the bankruptcy case, including but not limited to motions to
impose or extend the automatic stay.
16. Respond promptly to your questions and communications for the duration of the
case, and provide all other legal services that are necessary for the proper
administration of the bankruptcy case.
6
17. Advise you of the requirement to complete an instructional course in personal
financial management, and the consequences of not doing so.
18. Represent you at a discharge hearing, if required.
19. Represent you in connection with any audit request.
V. ALLOWANCE AND PAYMENT OF ATTORNEYS’ FEES
You and your attorney agree that the fee for all legal services to be provided in the
bankruptcy case will be $__________. You agree to pay this fee. This fee does/does not
(circle the appropriate verb) include representation in adversary proceedings and
does/does not include representation if the case is converted to another Chapter. (If
neither is designated, representation is included).
If you dispute the legal services provided or the fees charged by your attorney, you may
file an objection with the Court. Should your attorney’s continued representation create a
hardship, such attorney may seek a court order allowing him or her to withdraw from the
case. Under Local Rule 2091-1, such attorney will not be allowed to withdraw until
another attorney enters the case, unless good cause is shown for the withdrawal.
Client’s Signature. By signing this agreement, you certify that you have read the
agreement and understand and agree to carry out the terms of the agreement to the best of
your ability, and that you have received a signed copy of the agreement.
Attorney’s Signature. By signing this agreement, your attorney certifies that, before the
case was filed, he or she personally met with you and counseled and explained to you all
matters as required by this agreement.

HUNDREDS THOUSANDS RECOVERED FOR INJURED WORKERS - CALL TODAY: 559-328-7028

 We are Los Angeles Workers’ Comp Attorneys, with years of experience helping people in many different situations. You have rights after experiencing an injury at work. Your injuries could potentially affect your life forever after a workplace accident. It is critical to file a workers’ compensation claim to help with your lost wages, medical expenses and other bills. There is so much at stake that getting the best legal representation is absolutely necessary. When hiring Ozeran Law to get you the maximum compensation, you will never pay us a dime unless we win your case for you.

Our expertise is essential getting you your final settlement amount to pay for your permanent disability. You need the right attorney with experience to fight for your rights and get you the financial recovery you deserve! We can get you immediate:

• Medical Treatment
• Temporary Disability Payments
• Transfer you to the right doctor
• Obtain expert medical opinions
• Maximize your final Permanent Disability Award
• Assist you in reaching your final recovery

We assure that our clients receive the maximum benefits they are entitled to by keeping up-to-date with the changes in California Workers Compensation law. We understand that a work-related injury can often be distressing and potentially lead to a significant interference in the life of the injured.

• Specific Incidents (such as falling off a scaffold)
• Repetitive Trauma (such as carpal tunnel)
• Occupational Exposure (such as breathing fumes)
• Death Benefits
•  

• CALL TODAY: 559-328-7028

   

 

 

$240,000 RECOVERED FOR HEALTH WORKER $225,000 WON FOR MACHINIST

 

Most Recent Personal Injury and Product Liability Cases

Take a look at our most recent case wins to see how we’ve been able to help our clients get the compensation they deserve:

$224,000 CT BACK INJURY, KNEE AND HIP INJURY. A health care worker sustained a repetitive chronic injury after five years of working as a nurse aid in a senior care facility. The employer and insurance company  denied the claim because she reported it after termination, The evaluation doctor also initial denied the work injury,  AOE/COE.. Only after Smith set up another evaluation with additional evidence she gathers, the Doctor changed his mind and found the injury industrial. The employer began paying benefits, but at a rate much lower than the worker deserved. The employer refused to acknowlege the Over-timepay in calculating her temporary disability weekly payments. 

Smith filed for hearing, demanding discovery of the overtime pay. After the employer stated their records had been destroyed, Smith subpoenaed records from Fair Labor Standards Board which disclosed additional over time pay owed. Using these records, Smith obtained an addition $20,000 for the worker after the employer offered $10,000. As a result of Smith's work, worker applicant netted over 200000 in final award and $60,000 in temporary disability. An amazing result after the Worker applicant had been denied workers compensation and desere zero in benefits. 

From zero in benefits to $200,000 settlement and $60,000 in TD, Smith successfully recovered in excess of $260,000 for the worker.

After retaining the Smith Law Office, Smith was able to fight for her rights and obtain a $200,000 award and $60,000 in TD.

 

 

    $225,000 HAND INJURY. A machinist sustained a injury to his right hand when repairing a machine. Smith Law firm was able to obtain a $225,000 award for him after the employer offered 1/3 this amount initially.

What is workers’ compensation?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits. Youcould get hurt by:

• One event at work. Examples: hurting your back in a fall, getting burned by a chemical that splashes
on your skin, getting hurt in a car accident while making deliveries.
or:

• Repeated exposures at work. Examples: hurting your hand, back, or other part of the body from doing
the same motion over and over, losing your hearing because of constant loud noise.
Workers’ compensation covers some, but not all, stress-related (psychological) injuries caused by your job.

Also, workers’ compensation may not cover an injury that is reported to the employer after the worker is told he or she will be terminated or laid off. For information about what is covered, use the resources in Chapter 10.

What are the benefits?
They can include:
Medical Care. Paid for by your employer, to help you recover from an injury or illness caused by work.
This includes doctor visits and other treatment services, tests, medicines, equipment, and travel costs
reasonably necessary to treat your injury.

Temporary Disability Benefits. Payments if you lose wages because your injury prevents you from doingyour usual job while recovering.

Permanent Disability Benefits. Payments if you don’t recover completely and your injury causes a
permanent loss of physical or mental function that a doctor can measure.

Supplemental Job Displacement Benefit. A voucher to help pay for retraining or skill enhancement if you are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer. This benefit is available for workers injured in 2004 or later. If your injury also occurred in 2013 or later and you received a Supplemental Job Displacement Benefit, you may also be eligible for an additional, one-time payment under the Return-to-Work Supplement Program.
 

Death Benefits. Payments to your spouse, children, or other dependents if you die from a job injury or
illness.

For examples of workers’ compensation payments, see p. 5.
Can my regular doctor treat me if I get hurt on the job?
It depends on whether you tell your employer in writing—before you are injured—the name and address
of your personal physician or a medical group. This is called “predesignating.” If you predesignate, you may
see your personal physician or the medical group right after you are injured.

 

 

 

 Bankruptcy Information

WHAT TO EXPECT

 Discuss with your attorney your goals in filing the case.
 

2. Cooperate with your attorney in preparing all required bankruptcy papers and
documents, thoroughly reviewing drafts of documents, and advising your attorney
2 of corrections needed.
3. Provide your attorney with all documentation he or she requests, including but not
limited to accurate copies of the following documents:
a. Certificate of Credit Counseling, together with the debt repayment plan, if
any, prepared by the nonprofit budget and credit counseling agency that
provided individual counseling services to you prior to bankruptcy.
b. Proof of income you received from all sources in the 6-month period before
your case was filed. Some examples include paycheck stubs, Social
Security statements, worker’s compensation payments, income from rental
property, pensions, disability payments, self-employment income, child and
spousal support, and other payments. If you are self-employed or own a
business, you should provide report(s) disclosing monthly income and
expenses for the 6-month period before the case was filed.
c. Federal and state income tax returns, or transcripts of returns, for the most
recently ended tax year, as well as any other returns requested by your
attorney.
d. Proof of your identity and Social Security number. Some examples are
your driver’s license, passport, or other document containing your
photograph.
e. A record of your interest, if any, in an educational individual retirement
account or a qualified State tuition program.
f. The name, address and telephone number of any person or state agency to
whom you owe back child or spousal support or make current child or
spousal support payments. Include all supporting documents for the
payments. Some examples of supporting documents are a court order, a
declaration of voluntary support payments, a separation agreement, a
divorce decree, and a property settlement agreement.
g. Any insurance policies requested by your attorney.
h. Documents relating to any inheritance to which you are entitled.
i. Documents relating to any legal action in which you are a party.
II. AFTER THE CASE IS FILED, YOU AGREE TO TIMELY AND
PROMPTLY COMPLY WITH ALL APPLICABLE CHAPTER 7 RULES
AND PROCEDURES, INCLUDING BUT NOT LIMITED TO:
3 1.
Attend the § 341(a) meeting of creditors at the time(s) ordered.
2. Keep the Chapter 7 trustee and your attorney informed of your current address and
telephone number and employment status.
3. Inform your attorney of any wage garnishments, seizure of assets or liens that
occur or continue after the filing of your bankruptcy case.
4. Provide copies of all federal tax returns or transcripts to your attorney when
requested, and pay over to your attorney or the trustee, as directed, the nonexempt
portion of any tax refunds.
5. Contact your attorney promptly if you are sued on a scheduled debt or if you file a
lawsuit or intend to settle any dispute relating to events that occurred prior to the
filing of your bankruptcy case.
6. Provide on a timely basis all information or documentation requested by your
attorney, including all information needed to respond to any motion or objection
seeking relief in your bankruptcy case.
7. Provide your attorney with any tax returns, account statements, pay stubs, or other
documentation necessary to comply with any audit requests.
8. Respond promptly to all communications from your attorney.
III.
BEFORE THE CASE IS FILED, YOUR ATTORNEY AGREES TO
PROVIDE ALL SERVICES NECESSARY FOR REPRESENTATION,
INCLUDING BUT NOT LIMITED TO:
Attorney will personally*:
1. Meet with you to review your assets, liabilities, income, and expenses.
2. Counsel you regarding the advisability of filing either a chapter 13 or a chapter 7
case, discuss bankruptcy procedures, and answer your questions.
3. Review the completed petition, statements, schedules, and all amendments with
you.
4. Explain to you the attorney’s fees that are being charged in the case, how and
when those attorney’s fees are determined and paid, and whether additional fees
will be charged for representation in adversary proceedings that might be filed in
the case, or in the event the case is converted to another Chapter.
5.  Provide a fully signed copy of this document to you.
4 With the assistance of staff under his or her supervision, your attorney will:
6. Verify the number and status of any prior bankruptcy case(s) filed by you or any
related entity.
7. Timely prepare and file your petition, statements, schedules, required documents
and certificates, and all necessary amendments to these filings.
* The term “personally” means that the described service will be performed only by an
attorney who is a member in good standing of the Bar and admitted to practice before the
bankruptcy court. The service shall not be performed by a non-attorney even if that
individual is employed by the attorney and is under the direct supervision and control of
that attorney.
IV.

1. Advise you of the requirement to attend the § 341(a) meeting of creditors and
inform you of the date, time, and place of the meeting. In the case of a joint filing,
inform you and your spouse that both of you must appear at the meeting.
2. Inform you that you must be punctual for the § 341(a) meeting of creditors or the
meeting may be continued to a later date.
3. Attend the § 341(a) meetings and any court hearings, either personally or through
another attorney from his or her firm or through an appearance attorney who has
been adequately briefed on the case.
4. Advise you if an appearance attorney will stand in for him or her at the § 341(a)
meeting or any court hearing, and explain to you in advance, if possible, the role
and identity of the appearance attorney. In any event, it is your attorney’s
responsibility to adequately prepare the appearance attorney for the meeting or
hearing by providing all documents and information in sufficient time to allow for
proper representation of you.
5. Notify you on a timely basis if any pleading seeking relief against you is filed.
This notification shall specify a deadline by which you should contact your
attorney to discuss a response to the pleading and may state that if you do not
contact the attorney timely, such attorney may choose not to file a response. Such
notification should explain the potential consequences of not filing a response to
the pleading.
6. If your attorney is contacted by you on a timely basis, as provided in paragraph 5,
5 such attorney will timely respond in an appropriate manner to any pleading
seeking relief against you.
7. Prepare, file, and serve on a timely basis any necessary amended statements and
schedules and any change of address, based on information provided by you.
8. Monitor all information filed in your case for accuracy and completeness.
9. File objections to claims when appropriate.
10. Prepare and file a proof of claim for a creditor when appropriate.
11. Advise you of the effect of proposed reaffirmation agreements and, where
appropriate, negotiate alternate terms with secured creditors.
12. Attend any hearing scheduled by the court on a reaffirmation agreement,
regardless whether such attorney has signed off on the agreement.
13. Unless otherwise agreed before the bankruptcy case is filed, your attorney will
represent you in adversary proceedings, including but not limited to objections to
discharge and/or dischargeability. Unless otherwise agreed before the case is
filed, your attorney will also continue to represent you if the case is converted to
another Chapter of the Bankruptcy Code. The attorney is not, however, obligated
to represent you in an appeal to another Court.
14.
If your attorney has not been retained to represent you in adversary proceedings,
and an adversary proceeding is then filed against you, the attorney will, within 7
days after receiving notice of the adversary proceeding, explain to you the
estimated cost of providing representation in the adversary proceeding, the risks
and consequences of an adverse judgment, and the risks and consequences of
proceeding without counsel. In addition, the attorney shall advise you of the date
by which a response to the adversary proceeding is due in order to avoid a
judgment being entered against you based on your failure to respond. And, the
attorney shall advise whether you may be eligible to participate in a program in
your part of the district to provide eligible debtors with attorneys at no or reduced
charge, and who to contact about participation in such a program.
15. Prepare, file, and serve any other motion that may be necessary to appropriately
represent you in the bankruptcy case, including but not limited to motions to
impose or extend the automatic stay.
16. Respond promptly to your questions and communications for the duration of the
case, and provide all other legal services that are necessary for the proper
administration of the bankruptcy case.
6
17. Advise you of the requirement to complete an instructional course in personal
financial management, and the consequences of not doing so.
18. Represent you at a discharge hearing, if required.
19. Represent you in connection with any audit request.
V. ALLOWANCE AND PAYMENT OF ATTORNEYS’ FEES
You and your attorney agree that the fee for all legal services to be provided in the
bankruptcy case will be $__________. You agree to pay this fee. This fee does/does not
(circle the appropriate verb) include representation in adversary proceedings and
does/does not include representation if the case is converted to another Chapter. (If
neither is designated, representation is included).
If you dispute the legal services provided or the fees charged by your attorney, you may
file an objection with the Court. Should your attorney’s continued representation create a
hardship, such attorney may seek a court order allowing him or her to withdraw from the
case. Under Local Rule 2091-1, such attorney will not be allowed to withdraw until
another attorney enters the case, unless good cause is shown for the withdrawal.
Client’s Signature. By signing this agreement, you certify that you have read the
agreement and understand and agree to carry out the terms of the agreement to the best of
your ability, and that you have received a signed copy of the agreement.
Attorney’s Signature. By signing this agreement, your attorney certifies that, before the
case was filed, he or she personally met with you and counseled and explained to you all
matters as required by this agreement.

 

SPECIAL APPEARANCES-WHEN YOU NEED THEM MOST (SOUTHERN CALIFORNIA)

Attorney with over 30 years experience-licensed before all the Courts of the States of California and Nevada. I will appear in the following Courts: Federal, Bankruptcy, Workers' Compensation, and all State Courts for motions, case management conferences, unlawful detainers or any other appearance required work. I have extensive experience, including but not limited to: all aspects of business litigation, construction disputes, collection work, labor law, licensing, administrative hearings, unlawful detainers and general business litigation. I also have actively conducted trials, mediations and arbitrations. You can call me anytime

 

_________________________________ ______________

 

Workers' Compensation in California: A Guidebook for Injured Workers  

The Department of Industrial Relations is pleased to release the sixth edition of "Workers' Compensation in California: A Guidebook for Injured Workers," April 2016, now available in English and Spanish.

This guidebook gives an overview of the California workers’ compensation system. It is meant to help workers with job injuries understand their basic legal rights, the steps to take to request workers’ compensation benefits, and where to seek further information and help if necessary.

This edition of the guidebook describes the workers' compensation system as of April 2016. Workers using the guidebook should also check updates posted at the state Division of Workers’ Compensation (DWC) website.

LINK TO Guidebook for Injured Workers

 

 

NO PAYMENT UNLESS WE WIN CALL 559-320-7028 jolleysmith@gmail.com

 

CALL TODAY FOR FREE CONSULTATION WITH AN ATTORNEY:

559-320-7028 or  jolleysmith@gmail.com

Workers’ Compensation

Call Us at (599) 320-7028 for a Free Evaluation or email jolleysmith@gmail.com

No-Recovery, No-fee Our expertise is essential getting you your final settlement amount to pay for your permanent disability. You need the right attorney with experience to fight for your rights and get you the financial recovery you deserve! We can get you immediate: Medical Treatment Temporary Disability Payments Transfer you to the right doctor Obtain expert medical opinions Maximize your final Permanent Disability Award Assist you in reaching your final recovery We assure that our clients receive the maximum benefits they are entitled to by keeping up-to-date with the changes in California Workers Compensation law. We understand that a work-related injury can often be distressing and potentially lead to a significant interference in the life of the injured. Specific Incidents (such as falling off a scaffold) Repetitive Trauma (such as carpal tunnel) Occupational Exposure (such as breathing fumes) Death Benefits

WAGE AND HOURS OVERTIME PAY YOU DESERVE

 THE FACT THAT YOU ARE PAID ON A SALARY BASIS OR ACCORDING TO A COMMISSION STRUCTURE DOES NOT MEAN THAT YOU ARE NOT ENTITLED TO OVERTIME PAY FOR ALL OVERTIME HOURS YOU WORK. NOR DOES THE FACT THAT YOU HAVE A MANAGEMENT-TYPE JOB TITLE, OR ANY OTHER SORT OF JOB TITLE.

California law assumes that all employees are entitled to be paid at 1 ½ times their regular rate of pay (sometimes referred to as "overtime wages", "overtime pay", or simply "OT") for all hours in excess of 8 per day or 40 per week.

California law also assumes that all employees are entitled to be paid at 2 times their regular rate of pay (sometimes referred to as "double-time wages", "double-time pay", or simply "golden time") for all hours worked in excess of 12 in a day.

California law also assumes that all employees are entitled to a duty-free 30-minute meal period before the beginning of their sixth hour of work each day, and that all employees are entitled to a second duty-free 30-minute meal period before the beginning of their eleventh hour of work on each day any such employee works more than ten hours.

California law also assumes that all employees are entitled to a duty-free 10-minute rest period on each day that they work at least 3.5 hours, and that all employees are entitled to a second duty-free 10-minute rest period on each day that any such employee works more than six hours.

Please do not fall for the common myth that salaried employees are not entitled to additional overtime pay beyond their normal salary when they work more than 8 hours in a day or more than 40 hours in a week. Salary is never the sole basis for determining whether Overtime must be paid.

If you have not been paid overtime wages or double-time wages, or you have been denied meal and/or rest periods in accordance with California law, you may be entitled to recover your unpaid wages as well as penalties for your meal and rest period violations.

Often employers are more than happy to give employees special titles because they know employees generally don't have a full understanding of the overtime laws and are likely to believe that a particular job title determines eligibility for overtime pay.

If you have not received overtime pay at a current or past job, you may be entitled to recover all of the wages that were unlawfully withheld, plus penalties.

You never know...what you may think of as "no big deal," may actually be a big deal in the eyes of the law and entitle you to significant compensation.

California law is distinctly pro-employee and provides great incentives to those seeking to uphold their employment rights.

The Law Office of Seth E. Tillmon accepts employment law cases on a contingency fee basis. Under a contingency fee arrangement, the client never owes any attorney fees unless and until a recovery is obtained in the case, at which time the attorney is paid a percentage of the money the attorney has recovered for the client.

Call The Law Office of Seth E. Tillmon at office phone number (818) 849-6277 or Mr. Tillmon’s mobile number at (818) 693-4255 for a free, confidential consultation and evaluation of your potential claims.

Visit The Law Office of Seth E. Tillmon website for more information or to request a telephone call from Mr. Tillmon. You may submit the short "Request a Telephone Call" form and Mr. Tillmon will personally call you: https://TillmonLaw.com/

Please also feel free to view The Law Office of Seth E. Tillmon's Facebook page, where you will find approximately 50 descriptions of past cases filed: https://www.facebook.com/LawOfficeOfSethETillmon/

Office: (818) 849-6277
Mobile: (818) 693-4255
Fax: (424) 675-2811

Law Office of Seth E. Tillmon
16350 Ventura Blvd., Suite D
Encino, CA 91436

www.TillmonLaw.com
www.CaliforniaOvertimePay.com

LAWYERS FOR WORKERS COMPENSATION, FAMILY LAW AND SOCIAL SECURITY/559-320-7028

Option 1 $699.00 USD Option 2 $300.00 USD Option 3 $999.00 USD

Option 1 $699.00 USD Option 2 $300.00 USD Option 3 $999.00 USD

Our Business is Protecting Your Rights!

Jolley Smith Law/Phone: 559-320-7028

Email your questions 24/7 to: jolleysmith@gmail.com

Affordable Attorney and Lawyer  For 

• 
  

• Work Comp,

•  Social Security, and

•  Family Law

 


WORKERS COMPENSATION WITH LAWYERS AND ATTORNEYS IN FRESNO, LOS ANGELES AND SAN FRANCISCO

 WORK INJURIES. Have You Been Injured on the Job?  J olley Smith will protect your rights and get you the compensation you deserve!

At Jolley Smith we exclusively represent individuals. We do not represent large corporations or insurance companies. This focus allows us to concentrate our efforts on seeking workers compensation  benefits for injured workers throughout the San Francisco Bay Area. If you have been injured on the job, you may be able to receive compensation for:

Medical Treatment

Temporary and Permanent Disabilty 

Job Training 

No Recovery No Fee.

FAMILY LAW

DIVORCE WITH LAWYERS AND ATTORNEYS IN FRESNO, LOS ANGELES AND SAN FRANCISCO

Jolley Smith Law is established to provide you with compassionate and cost effective representation in all your family law matters.

• • Simple Divorce-as low as $350.
  • Marriage Settlement Agreements-$250.
  • Motions for Child Support and Custody-$500. 
  •  
  When a marriage ends, it is often one of the most stressful times in a person's life. The parties are often hurt and angry, anxious and fearful of the future, wondering how to maintain a the parent-child relationship if frequency of contact is reduced, feeling overwhelmed, powerless. The parties begin wondering how to support two households instead of one, how much support to pay, will my spouse turn the children against me, will I have enough money to live on? Historically, divorce and family law proceedings have been adversarial in nature.
  
  Today, the Family Law courts emphasize settlement and efficient dispute resolution. Jolley Smith , we agree that a fair and efficient settlement will reduce the tension and the stress of family law litigation. If a settlement is not possible, we are prepared to vigorously litigate your case through trial.
  
  
  There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 
  California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.  To get a no fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.”

SOCIAL SECURITY

SOCIAL SECURITY LAWYER AND ATTORNEY IN FRESNO, LOS ANGELES AND SAN FRANCISCO

Disability is something most people do not like to think about. But the chances that you will become disabled probably are greater than you realize. Studies show that a 20-year-old worker has a 3 in 10 chance of becoming disabled before reaching full retirement age.

In general, to get disability benefits, you must meet two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled; and
2. A “duration of work” test to show that you worked long enough under Social Security.

Certain blind workers have to meet only the “duration of work” test.
The table below, shows the rules for how much work you need for the “recent work” test based on your age when your disability began. The rules in this table are based on the calendar quarter in which you turned or will turn a certain age.
The calendar quarters are:

First Quarter: January 1 through March 31
Second Quarter: April 1 through June 30
Third Quarter: July 1 through September 30; and
Fourth Quarter: October 1 through December 31

They will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information. They will ask your doctors:

• What your medical condition is;
• When your medical condition began;
• How your medical condition limits your activities;
• What the medical tests have shown; and
• What treatment you have received.

They also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled.

 

Jolley Smith Law/Phone: 559-320-7028 WORKERS COMPENSATION CONSULT

 If you are looking for a lawyer to file bankruptcy in San Francisco,  Los Angeles, or Fresno California,  it's best to get a skilled professional on your side to handle all of the paperwork and negotiations. Dealing with debt collectors, repeated phone calls, and intimidating letters can be stressful. Our attorneys advocate for your rights, work hard to mitigate damage, and help you plan for a solid financial future.'

 Helping People is our Business 

Chapter 7 bankruptcy cancels most individual debts.  Its main purpose is to give people who are hopelessly burdened with debt a fresh start quickly, without having to establish a plan to pay creditors. In most Chapter 7 cases, the debts are discharged and the case is completed within 3-4 months after the case is filed.

Through a Chapter 7 Bankruptcy, You Can:

•  Protect Your Property from Creditors’ Reach  Stop Creditor Harassment.
• Stop Garnishments, Bank Levies and Halt Lawsuits.
• Wipe Out Credit Cards, Medical Debts, Payday Loans, Personal Loans and Other Unsecured Debts.
•  Stop Garnishments, Bank Levies and Halt Lawsuits.
• Eliminate Repossession and Foreclosure Debts.
• Start Saving Money Sooner.
• Additional tax liability is a hidden cost of debt settlement.   
•  Start Rebuilding Your Credit.
  

    

All we need to start your bankruptcy petition:

• Past 6 months pay stubs
• 2 years tax return
• Copy of photo ID
• Consumer Credit Counseling Certificate through an approved agency and we have that contact information for you.

The process is simple, so contact us for an appointment and get the debt relief to make a fresh start.



Remember, Jolley Smith Law can file bankruptcy papers anywhere in California and save you hundreds of dollars. It minutes away from your free telephone consultation. Get immediate feed back on your special situation. Call 559-320-7028 day or night. Someone is ready to help you. Or simply fill out the contact form on the right, and someone will call you.

If you looking for a bankruptcy lawyer and attorney in San Francisco, Fresno, or Los Angeles California, , Jolley Smith Law can assist you.  Call 559-320-7028.

We are Debt Relief Agency through bankruptcy. 

What is a chapter 7 bankruptcy case and how does it work

A chapter 7 bankruptcy case is a proceeding under federal law in which the debtor seeks relief under chapter 7 of the Bankruptcy Code. Chapter 7 is that part (or chapter) of the Bankruptcy Code that deals with liquidation. The Bankruptcy Code is a federal law that deals with bankruptcy. A person who files a chapter 7 case is called a debtor. In a chapter 7 case, the debtor must turn his or her nonexempt property, if any exists, over to a trustee, who then converts the property to cash and pays the debtor’s creditors. In return, the debtor receives a chapter 7 discharge, if he or she pays the filing fee, is eligible for the discharge, and obeys the orders and rules of the bankruptcy court.

                    Jolley Smith Law Firm serves the greater Los Angeles, San Francisco, and Fresno areas for all your Bankruptcy Needs

Who is permitted to file and maintain a chapter 7 case?

Any person who resides in, does business in, or has property in the United States is permitted to file a chapter 7 bankruptcy case except a person who has intentionally dismissed a prior bankruptcy case within the last 180 days. To be permitted to maintain a chapter 7 bankruptcy case a person must qualify for chapter 7 relief under a process called means testing.

 What is a chapter 7 discharge?

It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is a debt that the debtor is released from and does not have to pay.

What is means testing?

Means testing is a method of determining a person’s eligibility to maintain a chapter 7 case. Under means testing a person whose current monthly income from all sources multiplied by 12 exceeds the median annual income, as reported by the U.S. Census Bureau, for the person’s state and family size, must show that he or she is not able to pay a minimum of $109.58 per month for 60 months to his or her unsecured creditors from his or her disposable monthly income in order to be eligible to maintain a chapter 7 case. Disposable monthly income is a person’s current monthly income from all sources less the person’s permitted current monthly expenses. The chapter 7 case of a person whose disposable monthly income is such that he or she is deemed to be able to pay $109.58 per month or more to unsecured creditors for 60 months will be dismissed or converted to chapter 13 unless special circumstances exist.