California Family Law Blog

San Jose Bankruptcy Attorney  comments on the bankruptcy and divorce of the gunman who killed a San Diego casino employee.

Donnell Roberts, who had recently been fired by the Barona Gaming Commission, barged into the Barona Resort and Casino offices and shot and killed Raymundo Castillas, a manager at the facility.  Roberts allegedly told several secretaries and other employees to leave before going into Castillas’ office and shooting him before turning his gun on himself.

Roberts had filed for bankruptcy in 2003 citing difficulty paying his child support obligations to the six women with whom he had fathered children.  He was granted his bankruptcy discharge in 2008.  His temper and financial issues led to his divorce in 2006 from his wife, Maria Small, with whom Roberts had a 12-year old child.

Roberts started at the Barona Resort & Casino as a security guard, and was promoted to an investigator position with the gaming authority.  He was dismissed in November, 2009, but it is unclear at this time if Mr. Castillas is the person responsible for firing Mr. Roberts.

Robert’s co-workers were surprised by his actions, citing his polite demeanor and professional manner on the job. The Barona Gaming Commission is an independent regulatory body that oversees operations at the casino and resort. It has about 40 employees to issue licenses to the casino’s 3,000 employees and investigate allegations of wrongdoing.

Gunman kills Barona official, himself, San Diego Union Tribune, December 30, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the divorce, debt, and possible bankruptcy of Jon Gosselin

Jon Gosselin, former star of “Jon & Kate Plus 8” has had a very memorable year.  First, the couple was allegedly facing severe financial difficulties with an unsold home and mounting debts.  Despite the more than $2 million the couple has earned from TLC from their TV show, they were under financial stress from their mounting debts.

Then, when their impending divorce became public, Kate kept the TV show and Jon has been largely shut out of the television market. Between the divorce, the $13,000 per month in child support that he owes Kate, and the $90,000 he owes his family law attorneys, Jon is looking at the possibility of a Chapter 13 bankruptcy filing to clean up his balance sheet.

While a Chapter 13 will not remove the child support or alimony payments, it will allow him to discharge other debts including the unsold home and some other debts he has accumulated prior to and after the divorce. If Jon does file for bankruptcy protection, it may force Kate into an uncomfortable position if the mortgage lenders ask her to cover the remaining balance on both mortgages.  It is unclear if her earnings from the television show would allow her to manage those payments, or if she would also be forced into bankruptcy.

The Jon and Kate saga is far from over as the financial repercussions of their divorce continue to be felt.

Jon Gosselin: On Suicide Watch ?!?, www.thehollywoodgossip.com, December 24, 2009

Does Jon and Kate Plus 8 Equal Bankruptcy?, www.allmandandlee.com, November 3, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell.

Susan Powell, a Utah mother who has been missing since December 7, reportedly had made financial plans in the event her marriage to Josh Powell ended in divorce, or he attempted to kidnap her two sons and empty her bank accounts.  She even went as far as opening up a separate bank account and shared the information with her friends in the event that something happened to her.

Josh Powell filed for bankruptcy protection citing more than $200,000 in credit card, student loan, furniture and other debts.  The couple had entered into marriage counseling where they had set definite milestone goals for Josh to meet or Susan would leave him and file for child custody of their sons. The milestone goals had an end-of-the year deadline for Josh to meet or the divorce proceedings would commence.

Josh Powell has been named as a person of interest in Susan’s disappearance.  Police are suspicious of his story of suddenly leaving to take his 4 year-old and 2 year-old sons camping in the winter in a snowstorm and leaving Susan at home.  During the 24 hours he was gone, his rental vehicle was driven several hundred miles but the GPS system was deactivated, giving investigators little information on Josh or Susan Powell’s whereabouts.

Friends say Susan Powell was preparing for possible divorce, www.abc4.com, December 22, 2009

Susan Powell Reportedly Made Plans to Leave Husband 1 Year Ago, Feared Kidnapping, www.foxnews.com, December 23, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce.

Tiger Woods’ peccadilloes are well documented.  Rumors of impending divorce and his wife Elin contacting family law attorneys have set the stage for a 2010 celebrity divorce which will be part of a media feeding frenzy. Reputable estimates of the size of the prenuptial agreement that Woods and his wife signed will give her $300 million, making it easily the largest celebrity divorce case on record.  The previous record was held by Michael Jordan’s divorce which gave his wife Juanita $150 million.

While the $300 million will not put Woods in danger of bankruptcy, it will be a significant dent into his estimated net worth of nearly $1 billion.  Woods earned nearly $100 million per year, mostly from endorsement contracts.  Given his indefinite break from the PGA Tour, and subsequent loss of endorsement contracts, his future earnings may be curtailed if he is unable to reconcile with his wife and children.

Woods’ prenuptial agreement will remove much of the traditional wrangling over spousal support and child support that can often drag out divorce proceedings.  Legal experts are questioning whether Elin Nordegren is renegotiating her prenuptial agreement with Woods while the couple is rumored to be in intense marriage counseling.  But little is known for sure in the life of the intensely private Woods.  He has guarded his privacy for years, and has successfully kept his family out of the media spotlight until the traffic accident at his home that broke this story.

Ouch: If Elin Bolts, Tiger Gives Up $300 Mil, www.wcbstv.com, December 3, 2009.

Woods’ wife reportedly revising prenup, www.msnbc.com, December 2, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on a recent study that shows that middle-class divorced women and single mothers are most vulnerable to bankruptcy.

A recent study by Harvard Professor Elizabeth Warren demonstrates that educated, middle-class women are most vulnerable to bankruptcy.  According to the study:

“Bankruptcy exposes the economic vulnerability and insecurity of middle class women. The women in bankruptcy, like the men who file for bankruptcy, are a fairly representative cross-section of the American middle class. Their education levels are slightly higher than the population generally, with women in bankruptcy more likely to have attended college than their counterparts. Most are employed when they file.”

The study also notes that not only are the women vulnerable to bankruptcy, they are also close to poverty.  The majority of the women who are on their way to bankruptcy are either single mothers or are divorced and not receiving large amounts of spousal support or child support.  Regardless, in the majority of cases they are the sole means of support for their children.

Given some of the recent family law cases in the public view where large settlements went to women who were divorced, it is easy to see that the public may have a somewhat stilted view of the process.   Not every woman has a prenuptial agreement that delivers a fortune to them when the marriage is dissolved.  The sad reality is that many women do not have adequate resources to provide for them and their children after a divorce and, in many instances, their husbands cannot or will not provide domestic support that will allow this to happen.

Middle-Class Mothers Most Likely To Be Bankrupt, US News & World Report, December 21, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney   comments on the continuing divorce and bankruptcy travails of Denny Hecker.

The collapse of Denny Hecker’s automotive empire and marriage have been well-documented in the bankruptcy and divorce proceedings that have been underway for months.  Hecker has been accused of withholding information from the bankruptcy court and pledging personal financial assets as collateral to the business  in spite of an October, 2008 agreement that staved off a divorce filing by his wife Tamitha.

Hecker has not been as forthcoming with information for the creditors and bankruptcy court, and there are allegations that Hecker has submitted forged documents to the court.  It is now possible that Hecker could be headed to the nightmare scenario where the bankruptcy trustee recommends that his debts not be discharged but also leaves the court in possession of his assets.  This type of recommendation is rare and usually follows a pattern of not disclosing assets or bankruptcy fraud. If the bankruptcy trustee does issue that recommendation, Hecker will still be saddled with $700 million in debt, and will not have control of his assets.

Hecker has been embroiled in an bitter public divorce and child custody battle with his wife Tamitha.  The couple recently reached a divorce agreement that does not include spousal support, child support or child custody arrangements.  Mrs. Hecker is seeking to have the October, 2008 agreement nullified and is trying to renew her request for $15 million of Hecker’s assets, which was her claim prior to the agreement.  Her claim is complicated by her husband’s pledging of personal assets to guarantee business debts.

Stay tuned for a very complicated and bitter legal battle.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney   comments on how local government budget cuts are severely impacting child support collection efforts.

This recession has hit the public sector especially hard, as state and local governments have frozen payrolls, or in many instances, reduced the number of employees.  This reduction has hit hard in the child support enforcement efforts, on both the child support collection and prosecution sides.

Linda Jordan is owed more than $40,000 in child support by her ex-husband since her divorce was finalized in 2006.  The $73 per week in child support he was ordered to pay quickly fell into arrears.  In 2007 the judge raised the support to $236 per week and an additional $14 per week to allow him to get caught up on his child support, but that plan quickly fell through when he fell behind again.

It was then that she went to the prosecutor’s office seeking garnishment of his wages and tax returns.  Her case is compounded by the fact that she lives in Indiana, and her husband lives in Illinois.  The prosecutor’s office, like so many across the country, has had its budget cut as its caseload has increased.  The department has 53,000 open child support cases to handle with six full-time and one part-time deputy prosecutors and 20 caseworkers.

Adding to the congestion is that in Lake County, Indiana, only one court handles child support enforcement cases.  Despite pleas for an additional court, the tight budget makes the prospect of another court improbable in the near future.  The current court is scheduling cases more than six months in advance.  Despite the challenges, the office has succeeded in securing $29 million in support payments in the past year, in part by enforcing driver's license suspensions, bankruptcy dismissals and withholding passports.

One of the factors that makes Lake County’s situation so difficult is that more than 40,000 of their cases involve children born out of wedlock, and paternity claims compound the child support collection problem.  The operative lesson here is to be very careful with whom you choose to procreate, because they may be part of your life for years after your relationship has ended.

Child support is a tale of two counties, Post-Tribune, December 6, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney   comments on the unfolding bankruptcy and divorce drama surrounding the person who is rumored to have inspired “The Case Runner.”

Willie Garcia, the person many in South Texas believe to be the inspiration for the novel “The Case Runner”  is embroiled in a legal saga of his own that is nearly as compelling as “The Case Runner.”  Garcia is a case runner, a South Texas term for an attorney who solicits clients for personal injury attorneys.  Garcia’s wife has filed for divorce, and is asking for $10,000 per month in child support, as well as making division of property claims on his reported wealth of $33 million.

Garcia has been at the center of some of the most famous personal injury claims in South Texas history.  He was the state’s star witness in the controversy surrounding the Alton bus case, where 21 children died when their bus drove into a water-filled caliche pit.  The state charged three attorneys with barratry – bringing legal actions solely to harass – and Garcia provided testimony that secured felony convictions for the attorneys.

Garcia created a Mexican firm, SLM, that he used to operate in the U.S, Mexico and across the world in airline crashes and other disasters. One firm that has filed suit against Garcia is LawFunder, which advanced millions to Garcia and is trying to collect more than $8 million in court after finding out he is not an attorney.  Two prominent law firms have filed suit and were trying to collect more than $6 million before one of the firms filed for bankruptcy protection.  The suit has been stayed pending the bankruptcy filing.

Meanwhile Garcia’s wife and her attorneys are trying to reach a suitable division of property in their divorce case while outside firms in addition to the ones mentioned above try to recover they claim they are owed by Mr. Garcia.  This case will not be going away anytime soon, and will just add to the murky legend of South Texas legal wrangling and personal injury law.

Firms gave millions to South Texas case runner, mysanantonio.com, December 6, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts.  But given the state of the economy and the inability of many to find work, some have lost hope that they will ever be able to get caught up on their child support payments.  The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

In 1996 Michigan, like many other states including California, added a provision to charge interest on delinquent child support accounts.  But the law did not give judges discretion in applying the penalty to accounts.  The law made no distinction between someone who was a deadbeat and refusing to pay their child support and someone who was unable to pay because of job loss or injury.

While child support payments, like other domestic support obligations are not dischargeable in bankruptcy, many parents delinquent in their payments have filed for bankruptcy protection to remove all of their other debts so they can avoid the specter of a felony charge and jail time for not paying child support.   With unemployment in the double-digits, there are a growing number of people who have exhausted their unemployment benefits and cannot find work.  They fall farther and farther behind in their payments and the interest added on to their account leads them to believe them they will be paying child support for the rest of their lives, once they find a job.

Michigan rules derail child support payments, The Detroit News, December 7, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the ongoing Denny Hecker divorce and bankruptcy saga.

As Denny Hecker’s empire continues to crumble around him, his attempts to avoid paying spousal support to his wife Tamitha were rebuffed by a Minnesota divorce court judge.  Hecker was ordered to pay $7,500 per month to Mrs. Hecker in alimony and child support.

Hecker, who filed for Chapter 7 bankruptcy protection in June as his auto dealership empire collapsed, said he was unable to afford the support payments for Mrs. Hecker.  But the judge, after examining Mr. Hecker’s financial records, discovered that he had given his live-in girlfriend more than $72,000 and spent $27,000 on vacations since his June bankruptcy filing. That discovery led the judge to order the $7,500 per month in spousal support, since Mr. Hecker was spending nearly $30,000 per month on his girlfriend.  The judge also ordered Mr. Hecker to pay for his children’s health insurance.

Mr. Hecker’s spending habits since he filed for Chapter 7 bankruptcy have come under great scrutiny.  Mr. Hecker is due in court in December to explain where the more than $125,000 he withdrew from a 401k plan is, and why he withdrew the money without the court’s permission.  The bankruptcy judge is considering holding Mr. Hecker in contempt of court for liquidating the couple’s retirement assets.

Mr. Hecker’s divorce has been contentious, given his level of spending on his girlfriend while asking the court to order his wife to sell her furs and jewelry to fund the lifestyle to which she had become accustomed.  The judge refused to order that since Mr. Hecker is spending $24,000 per month on his lifestyle while contesting the $7,500 per month that the mother of his children is requesting to maintain their lifestyle.

The Hecker saga is far from over.  Mr. Hecker has already been held in contempt by the bankruptcy court judge for improperly disclosing his assets and spending, and the divorce court judge may follow suit.

Hecker must pay estranged wife $7,500 per month: judge, Minneapolis/St. Paul Business Journal, November 25, 2009

At issue: Two women, money and Hecker, Minneapolis Star Tribune, November 25, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on one of Britain’s most expensive divorce battles.

One of Great Britain’s most expensive, and most public, divorce battles took an unusual turn last week when Michelle Young was evicted from her £8,666 per month Regent’s Park Townhouse for failure to pay the rent.  Mrs. Young is in a heated divorce battle over her husband Scot Young’s estimated £400 million fortune.  Mr. Young claims he is on the verge of bankruptcy and owes creditors £27 million.

Mrs. Young is asking for half of Mr. Young’s fortune, and she is alleging that he has hidden many of the assets.  Mr. Young counters that his empire has been hit hard by the current recession and decline in property values and that he has nowhere near the wealth that his wife alleges in her divorce filing.

As their divorce case has dragged on, Mr. Young has not paid any spousal support for nearly a year and their children’s private school tuition has gone unpaid since spring.  More than £24,000 in rent has been  unpaid on the townhouse, which led to the recent eviction. Mr. Young is contending that Mrs. Young has not adapted to the new economic reality and continues to live in a manner that exceeds his and her means.

Mr. Young’s financial empire is mostly in real estate, and he recently sold the family’s £19 million home on the Wentworth Park Estate in Egham, Surrey, to Boris Berezovsky, the Russian oligarch

Wife in £400m divorce battle with 'broke' tycoon downsizes after eviction from townhouse, Mail Online, November 26, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.