As a top Republican candidate in the polls for president, Donald Trump is back in the news on a daily basis. To be sure, Mr. Trump has seen his fair share of success, or he wouldn’t be where he is today. The now-famous Trump Tower has been a landmark in New York City since 1980 with much-sought-after real estate. And most Americans are familiar with his television show, “The Apprentice,” where he served as both executive producer and host. Additional successful ventures include the Grand Hyatt Hotel, Wollman Rink, Trump Place, 40 Wall Street and Trump International Tower Chicago. However, Mr. Trump has experienced losses and bankruptcies that might permanently devastate a lesser person. In the department of fascinating but little known facts about him, he had his own vodka line with the slogan “Success Distilled.” Five years later, the company disbanded. Additional losses include a board game similar to Monopoly called Trump: The Game and his own brand of steaks. Other lesser-known, failed ventures include Trump University, Trump Mortgage and a luxury travel site called GoTrump.com that only lasted a year. In addition, Mr. Trump has had several more highly publicized failures, including the bankruptcy of Trump Airlines. He took over a successful shuttle service, upgraded the planes to luxury status and defaulted on loans within five years. In 2014, Trump Casinos in Atlantic City submitted bankruptcy for the fourth time. However, he claims that he doesn’t have anything to do with the company although he owned more than one-fourth of their stock. Finally, Trump Magazine, started in 2007, attempted to attract wealthy readers, but the publication ended just 18 months after its launch. While few individuals deal with the amount of money that Mr. Trump possesses, financial woes are a serious reality for many. According to the federal government, over 880,000 people filed for bankruptcy in the fiscal year ending March 31, 2015. If you are struggling to pay your bills, talk to our bankruptcy attorney to see how we can help.
August 6, 2015 Now that it’s become so much harder for civil law attorneys to find and keep new clients, a large percentage of them no longer believe they can afford to help many pro bono clients . While their financial concerns may be legitimate, the fact remains that far too many poor Americans are now being forced to handle both urgent and complex legal matters on their own in court. According to Maria Smith, supervising attorney of the Legal Society of Cleveland, clinics like hers “just don’t have the resources to represent most people facing eviction, or other critical legal problems.” In fact, Ms. Smith told a reporter for The American Lawyer that her “nonprofit is still depleted from [funding] cuts made during the recession, down to 40 lawyers from 55. Last year it had to turn away 57 percent of the more than 17,000 legal matters of all kinds that people brought to them.” (See: The Justice Gap: How Big Law is Failing Legal Aid .”) How are most legal aid or legal clinics funded? At present, “the largest element of the civil legal aid system is comprised of the 134 programs funded and monitored by the LSC (Legal Services Corporation).” However, while LSC remains “the largest single funder . . . far more [money] comes from states, [other public funds] and IOLTA (Interest on Lawyers Trust Accounts) programs than LSC .” ( See the excellent legal aid funding graph published with “ The Justice Gap ” article ). Unfortunately, since many Washingtonians still view increased funding for legal services as a controversial matter, they frequently oppose the ongoing requests for additional funds being sought by President Barack Obama’s administration. Are there any new possible solutions to the pro bono crisis on the horizon? Perhaps the best possible solution might be for all 50 states to begin requiring every law student to complete a set number of pro bono hours of closely supervised legal representation of poorer Americans. After all, most students view taking part in clinical programs that let them help “real clients” to be the highlight of their legal training years. It can prove very meaningful to help poor, elderly or disabled people avoid being evicted, especially when no one else will help them. Fortunately, most law schools now offer a wide variety of clinical programs to their students in both civil and criminal law . This “practical” legal experience may even help students pass their bar exams, while also introducing them to basic courtroom practices and procedures. Which states are leading the way in creating pro bono requirements for law students? At present, only the state of New York has now mandated this type of requirement . The specific aspects of the program are set forth on a New York state court of appeals website . Quick to discern a wise move, California is now actively creating a similar requirement for its law students. However, the Golden State may give law students added time to complete their pro bono hours after they’ve actually been admitted to the bar. Hopefully, the law schools, courts, and legislatures of all 50 states will quickly follow suit so that poorer citizens will soon have the added legal resources they critically need. What types of legal matters often require urgent interventions? Many of us who can easily hire an attorney often forget that sudden domestic violence, landlord/housing, and other legal problems can quickly spiral out of control if not addressed in a timely fashion. In fact, some of these issues can even threaten a family’s ability to keep a roof over their heads and food on the table. Unexpected job layoffs and high medical bills also often challenge the poor – forcing them to seek advice on how to handle harassing creditors or file for personal bankruptcy. Although free juvenile and adult criminal defense resources are a bit easier to come by at certain court levels due to specifically granted constitutional rights, these individuals can often benefit from additional pro bono advice while moving through the justice system. Properly trained and supervised law students can play a major role in easing the legal burdens of our nation’s poor. Every state needs to act now to help solve America’s pro bono crisis Now that two states have created slightly different programs to empower their law students to begin playing a major role in addressing low-income legal needs, all of the remaining states owe it to their citizens to begin providing similar services. Should the American Bar Association decide against taking the lead in this matter, each state bar association should immediately start reviewing the New York and California pro bono law student programs so their citizens can soon receive the free legal services they both need and deserve. As the pro bono director of the Public Law Center in Santa Ana, California has noted, “The need [for additional free legal help] is endless .” By Elizabeth Smith, graduate of both the University of Texas Law School and Fuller Seminary
Learn the first steps in the divorce process with Larry Bellomo Attorney at Law in Mission Viejo, CA. Expert family law guidance—click to read our guide now.
January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
