Have you ever been wronged by a company you hired? Have you signed a contract and had the other party not hold up to their end of the contract? If so, you are not alone!

Many companies continue to struggle and fail financially in today’s economy. It is important for both parties to uphold their end of a contract and when something goes wrong, both parties suffer.

We found an article about a local company that had their own struggles financially. Unfortunately they ended up in bankruptcy and now their clients are left with unfinished work. Read More »

Legislation is pending in Sacramento right now that would offer civil litigants expedited, streamlined jury trials. The bill was approved by the California Legislature unanimously and would be a positive development for plaintiffs and defendants alike.

Imagine a scenario where a bicyclist is hit by a car and sustains around $20,000 in medical bills and damages. The bicyclist wants to sue the driver, and although the driver is undoubtedly at fault, it is difficult to find a personal injury attorney to take the case. The cost of litigation is too high for both sides. If this bill passes and becomes law, these victims may find relief in a much more cost effective way that is fair to both sides.

The Expedited Jury Trials Act would offer plaintiffs and defendants the choice to stipulate to these streamlined jury trials. They would be treated similarly to regular civil trials; a date would be set and the case would be heard before a judge. There would be a jury of eight or fewer, with each side limited to three preemptory challenges. Each side only has three hours, including opening and closing arguments, to put on their case. Verdicts need to be reached by at least six of the eight jurors, unless the parties stipulate otherwise, and they would be binding, with strictly limited appeals and post-trial motions. Standard rules of evidence would normally apply, unless the parties agreed and chose to relax the rules. Witness lists, exhibits, proposed jury verdict forms, juror questionnaires, etc. are exchanged 25 days prior to trial and any evidentiary objections would be addressed at a pre-trial conference. Read More »

A Suffolk County judge ruled a mom who wants to move with her two kids to Florida can only relocate after arranging for video conferencing between the children and her ex-husband.

Debra Baker – “at her own cost and expense” – must provide the Skype connection to insure former spouse James can speak with their offspring, state Supreme Court Justice Jerry Garguilo ruled.

The dad, who opposed his children’s move south, is entitled to three one-hour Skype chats per week under the decision.

Debra Baker proposed the move to her parents’ Venice Beach, Florida., home after she lost her job and the family house went into foreclosure.

“Common sense, logic and a realistic view of life on Long Island clearly indicate that (Debra Baker) and children cannot maintain a residence, heat, clothe themselves … on the monies that are currently available,” Garguilo wrote. Read More »

Chapter 7: The most common form of bankruptcy, a Chapter 7 case is a liquidation proceeding, available to individuals, married couples, partnerships and corporations.

Chapter 11: A reorganization proceeding in which the debtor may continue in business or in possession of its property as a fiduciary. A confirmed Chapter 11 plan provides for the manner in which the claims of creditors will be paid in whole or in part by the debtor.

Chapter 12: A simplified reorganization plan for family farmers whose debts fall within certain limits.

Chapter 13: A repayment plan for individuals with debts falling below statutory levels which provides for repayment of some or all of the debts out of future income over 3 to 5 years. More in The Power of 13.

Confirmed: A plan of reorganization in Chapter 11, 12 or 13 approved by the court and binding on the parties is said to be confirmed.

Lien: An interest in real or personal property which secures a debt; the lien may be voluntary, such as a mortgage in real property, or involuntary, such as a judgment lien or tax lien.

Non dischargeable: A debt that cannot be eliminated in bankruptcy. Non dischargeable debts remain legally enforceable despite the bankruptcy discharge. The Code’s list of non dischargeable debts is found at 11 U.S.C. 523. The scope of the discharge in Chapter 13 differs from the discharge in Chapter 7. Discharges compared.

Secured debt: A claim secured by a lien in the debtor’s property by reason of the debtor’s agreement or an involuntary lien such as a judgment or tax lien. The creditor’s claim may be divided into a secured claim, to the extent of the value of the collateral, and an unsecured claim equal to the remainder of the total debt. Generally a secured claim must be perfected under applicable state law to be treated as a secured claim in the bankruptcy. Read More »

A Cabell County woman is suing FedEx Corporation after she claims her employment was wrongfully terminated.

Robert Cowart, a manager at FedEx, was also named as a defendant in the suit.

Lavon Pauley began working for FedEx as a package handler in August 1998, according to a complaint filed July 6 in Cabell Circuit Court.

Pauley claims she is openly gay and that all of the FedEx employees she worked with knew she was gay.

For approximately the last three years of her employment, Cowart supervised Pauley, according to the suit, and in the first two years of his supervision, he had little contact with her, but that in the last year of her employment he had more frequent contact with her.

Pauley claims during the last year of her employment Cowart intentionally harassed her by repeatedly belittling her about her performance in front of other male employees; completely ignoring her on a route when they rode together; repeatedly yelling at her on the job site and calling her lazy; refusing to discipline and/or address issues between Pauley and male employees with male employees; placing Pauley in dangerous situations when she requested he not place her in jeopardy; and placing her in fear of physical harm. Read More »

Bankruptcy law is a specialized area of law and can at times be very complex. Understanding your rights and responsibilities is vital to a successful Bankruptcy. The Law Office of Bowman and Associates has many years of practicing law and will be able to assist you in a timely and professional manner. Bowman and Associates has represented many clients from Placerville and El Dorado County in Federal Bankruptcy Court and we have helped our clients with their debt relief needs; specifically those who struggle with excessive credit card debt, are under water in their home mortgage and who need to get out of their car payments. Read More »

California State Supreme Court has decided Furlough Fridays are back, at least for now. You can read more details about the court’s ruling on KCRA .

If you are struggling to keep your home, car, and pay off credit card debts, this might be the right time to consider filing for bankruptcy.

In order to eliminate your unsecured debt in a Chapter 7 bankruptcy, you must pass a “means test”. This test takes into consideration your family size, income, and expenses over the past six months. For furloughed employees, this means that you are more likely to qualify for Chapter 7 bankruptcy because of the decrease in your income this year.

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Take advantage of our Summer Savings! We are offering Chapter 7 bankruptcies starting at ONLY $995.00! Price does not include fees. For more information please feel free to contact us anytime! Our Bankruptcy attorneys are experienced and willing to assist you with your needs! With offices in Folsom and Sacramento we serve all of Northern California!

The Sacramento Chapter 7 Bankruptcy Attorneys of Bowman & Associates are here to help. Contact our office if you have legal questions about debt relief.

A lawsuit filed against the Detroit Police Department on behalf of six female police officers who accused the department of discrimination based on sex and pregnancy status has been settled, the American Civil Liberties Union of Michigan said today.

Under the settlement, no employee or applicant will be asked if she is pregnant or anticipates being pregnant. Also, the department cannot assign an officer to desk duty because she is pregnant unless she requests it. In addition they cannot force a pregnant woman to go on unpaid leave.

The lawsuit was filed in October 2008 in federal court in Detroit against the department and the City of Detroit. Following the settlement agreement, U. S. District Judge Sean F. Cox on Monday issued an order of dismissal. Read More »

SAN FRANCISCO — A federal judge has overturned California’s same-sex marriage ban, saying it violates the U.S. Constitution.

Still, gay marriage will not be allowed to resume in the state as the judge decides whether his order should be suspended while proponents pursue their appeal. Chief U.S. District Judge Vaughn Walker has ordered both sides to submit written arguments by Friday on the issue. In Wednesday’s ruling, Walker says the ban, “does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.”

The judge ordered both sides to submit written arguments by Aug. 6 on the issue. “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples,” Chief U.S. District Judge Vaughn Walker wrote in a 136-page ruling that laid out in precise detail why the ban does not pass constitutional muster.

His verdict came in response to a lawsuit brought by two same-sex couples and the city of San Francisco seeking to invalidate the law as an unlawful infringement on the civil rights of gay men and lesbians. Read More »