RV maker in Corona files Bankruptcy

clock March 31, 2010 22:55 by author Edmund Shen

Corona is located Riverside county and has a population of 124,966 residents. It is predominately residential community in the desert. It is known for its desert road racing events and was at the height of the California citrus business boom. It is relatively far from any major cities which makes commerce a difficult thing for any small companies located in Corona. Especially in this depressed economy that distance from any major city can cause businesses to fail.

Fleetwood enterprises is a RV and home manufacturer that has been in business for sixty years and is located in Corona. In recent times Fleetwood was forced to file Chapter 11 bankruptcy in Corona. The former fortune 500 company had to file for bankruptcy prompting the reason being that they haven't seen profit since April 2000. The other reason that attribute to the close is a depressed economy and high gas prices.

In this depressed economy most people are just concerned with getting by and the demand for high ticket luxury items like an RV or a new home is just not there. Gas prices contributed to Fleetwood cutting their RV division. With the ex orbited cost of gas there is no demand for RV that consume large amounts of gas. With Fleetwood stock prices at a penny it was a wise if not belated decision for this RV/Housing company to call it quits.



Tri City Health Center Files for Chapter 9 Bankruptcy

clock March 29, 2010 20:42 by author Edmund Shen

Claremont is a city located in Los Angeles county with a population of 37,242 people. Claremont is a upper middle class community that was rated the fifth best place to live by CNN. It is also the home to seven institutions of higher learning giving the city the nick name of college town. Needless to say it is a financially prosperous community, but even in such a community there are companies that feel the pinch of a bad economy.

Why Tri City Mental Health Center Filed for Chapter 9 Bankruptcy

One such company is the Tri City mental Health Center. The Tri City Mental Health Center provides mental health services in Claremont. In February 2004 Tri City Health Care had to file for chapter 9 bankruptcy which is the company reorganization made available to municipalities. The company had to file Claremont bankruptcy for many reasons but the two major ones were expansion and owing large amounts to its creditors.

Expansion was one of the causes because Tri City Health Center expanded to quickly and was unable to keep u with its expansion. It subsequently had to sell most of its facilities and downsize its employees and services. The other cause is the $ 20 million dollars in debt with $12 million of it to a creditor called DMH. DMH claims that the debt owed comes from Tri City Health Care over claiming Medi-Cal services. Tri City Health Center is still operational with many of its services being cut. So even in such a prosperous community and a city contracted company there are such thing as a guarantee in a depressed economy.



Riverside Foreclosures increase, is Filing Bankruptcy an option?

clock March 26, 2010 22:01 by author Edmund Shen

Riverside is a city located in southern California with a population of 293,201 people. Riverside is best know for the start of California's citrus industry. It is also home to the University of Riverside a prestigous business/medical school. However there is problem in the city of Riverside since the housing crash in recent years Riverside has seen the blunt end of many short sell, defaulted home loans, and bankruptcies. The specific problem being the increased rate in which homes are foreclosed on. 

Since 2009 the rate of foreclosures have tripled and more and more residents have had their homes seized creating a depressed economy in Riverside county. It is said that 15-20% of riverside residents have either chosen to abandon their homes and more than half don't even seek any advice legal or otherwise. Many residents feel helpless and depressed and some have even come up with a name for the process of mailing their keys to the bank. Its called jingle mail obviously because of the gound they keys make in the envelope.

In this state there are few options like bankruptcy or short sale. Some residents qualify for bankruptcy in Riverside however some do not because of the changes in bankruptcy that implement heavier restriction for those who are trying to file. The other option is to short sale the house which is selling the home at less than its cost which reduces the debt incurred. These option might not be the most prefered option to people but it is better than just abandoning your home or giving up your home.



DUI & Child Endangerment

clock March 25, 2010 19:15 by author Punam Patel Grewal

Being convicted of a DUI may not seem remotely related to child endangerment, but under California law, the two have a lot in common. How are being convicted of a DUI and child endangerment related? If a driver is found guilty of a DUI and has a child under the age of 14 with them in the car, the driver may be faced with an additional penalty of child endangerment under California law. Depending on the situation at hand, an additional 48 hours to 90 days of imprisonment can be added to the driver’s DUI sentence.

Prosecutors can also charge the driver with a DUI under Penal Code 273a, which is California’s child endangerment law. Penal Code 273a makes it is unlawful to place children in potentially dangerous situations, which include being in a car or motorized vehicle with a driver under the influence of drugs or alcohol. If the driver is found guilty of violating Penal Code 273a, the driver can be jailed for up to six years in prison.

Prosecutors can also charge the driver with a DUI under Penal Code 273a, which is California’s child endangerment law. Penal Code 273a makes it is unlawful to place children in potentially dangerous situations, which include being in a car or motorized vehicle with a driver under the influence of drugs or alcohol. If the driver is found guilty of violating Penal Code 273a, the driver can be jailed for up to six years in prison.

If convicted of both, a DUI and child endangerment, the best way to avoid the potentially harsh penalties is to thoroughly and vigorously address the DUI charges first. Of course, if the driver is not found guilty of the underlying DUI in the first place, then he/she will not be convicted of child endangerment.

If you would like to speak with a DUI Attorney in San Bernardino contact the Law Offices of Marc Grossman for a FREE Initial Consultation.

Punam Patel Grewal, Esq.



Gun Companies file Bankruptcy in Chino

clock March 24, 2010 22:53 by author Edmund Shen

Chino is located in San Bernardino county and has a population of 82,830 people. Chino is known for its Dairy and its agriculture. Its considered the major hub for dairy and agriculture products in that area of California. It is also home to two state prisons,the California institute for men and women. It also houses Prado the Olympic shooting facility which makes this article ironic. In a city that houses an Olympic shooting facility there are many opponents to gun companies.

    A couple years ago there was a ban on small pistols called "Saturday night specials". The ban came from the association of violent crime with the use of the gun. So local governments began suing the companies that were producing these firearms. Two companies that were located in Chino closed their gun companies when the word got around that local government would be head hunting manufacturers of these "Saturday night specials". The Davis Industries Inc. ans Sundance Industries both filed for Chapter 7 before any formal suit was filed.

 

    Theses companies filed for chapter 7 bankruptcy in Chino because they realized that they didn't have the money associated with such law suits and realized that if they were to persist with the operation of their company that they would take more of a loss. The companies filed chapter7 bankruptcy so that they could escape from their creditors and since they were closing that they had no source of income to pay back their creditors. So this is a positive for anyone who is for gun control in Chino.
    

 



Teacher saves Fontana home by filling for bankruptcy

clock March 22, 2010 18:44 by author Edmund Shen

Fontana is a community located in San Bernardino county. It has a population of 170,099 people. Fontana is a major annex for industry being that is a crossing point for the 10, 15, and 210 freeway. Even in such a dense population of people the number of bankruptcies are high even for such a population.

A recent story in the news regarding bankruptcy comes from Riverside. A Fontana school district teacher Bianca Haro recently need help refinancing her 5 year home loan or risk losing her home. Her home that was originally valued at $118,000. The loan officer at her current mortgage company was unwilling to negotiate the terms of the loan. The debt that she now owed was $150,000 which put the home of her and her two children in jeopardy.

With help of a Fontana bankruptcy attorney she filed bankruptcy and was able to save her home. She was able to save her home because even though the home was already sold her bankruptcy filing was done before it was sold prompting a reversal saving her home for Bianca and her two children. Bianca was prompted to most likely to file for chapter 13. Chapter 13 is commonly used to pay back debts without losing assets like in Bianca's case her home. A structure plan is implemented because the debtor has a source of income. In Bianca's case this turned out to be a life saver and helped keep her home for her and her children. 



ERISA Actions

clock March 9, 2010 20:59 by author D. Scott Mohney

The Obama Administration has been desperately trying to reform healthcare and health insurance in these United States and, plainly stated, ‘it aint easy.’ Trying to get Congress to agree on a plan is like herding cats. And insurance companies clearly don’t feel that reform is justified, or even necessary. Blue Cross, as but one example, has recently been trying to justify substantial health insurance rate increases. Increases. So much for reform. Many people, a lot of people in fact, have lost their jobs and are struggling to put food on the family table and to pay their delinquent mortgages. Coming up with additional funds to pay for the extravagant salaries of health insurance company executives just isn’t an option for most people these days. Reform is not only necessary, it is imperative.

And no area in health care and health insurance needs more reform than that governed and regulated by ERISA. “E-what” you say? ERISA. If you are fortunate enough to be employed, and your employer is financially able to provide health care coverage for its employees, you may have heard of the acronym of ERISA. It stands for the Employee Retirement Income Security Act. First enacted in 1974, ERISA was a laudable attempt by our federal legislators to regulate pension and retirement plans from monkey-business by employers who established such plans for their workers. Raiding company pensions, refusing to fund retirement benefits: those were the initial targeted abuses of the ERISA Act. Unfortunately, many years ago, the Act was seized upon by insurance companies as a means to avoid traditional regulation of company-sponsored health insurance plans. By the deeming of such plans to be part and parcel of “employee benefit plans,” insurers have been successful in removing these plans from regulation by State Departments of Insurance AND by traditional lawsuits in State Courts. Unlike private health and disability insurance policies (and other insurance contracts whose premiums are not funded by employers, e.g., auto policies, homeowner policies, life insurance policies, etc.), participants in ERISA-regulated policies have no relief in Court for the ‘bad faith’ conduct of insurers. Claims for emotional distress, consequential damages from the loss of denied benefits (damages to credit, the need to borrow money, loss of property, among them), and punitive damages - the biggest legal threat posed to insurers who cavalierly deny claims - are unavailable to litigants in ERISA actions.

That’s the bad news. The good news is that one does have rights and remedies under ERISA. Successful litigants in an ERISA action are able to recover the benefits due them under their policies AND (at the discretion of the Court) the attorney’s fees incurred in the process. Other good news includes a fairly fast litigation track in Federal Courts (or at least faster than frequently clogged State Courts), reduced filing and litigation fees, and a significantly more streamlined litigation process. While one is generally not entitled to a jury trial in an ERISA case, there is essentially no ‘discovery’ that is conducted, meaning no costly deposition and/or trial preparation costs.

The further good news is that there ARE attorneys who handle ERISA actions. Lawyers at the Law Offices of Marc E. Grossman are those ERISA attorneys. If you are insured under a company-sponsored disability or health insurance policy, and have had a claim for benefits under such a policy denied by an insurance company, you may have a valid claim, and a viable lawsuit, under ERISA. While the standards which govern such a case can and do vary, depending on the level of administration and involvement of the insurer (vs. the employer) in determining benefits, and there are other factors which may indeed take certain claims outside of the ERISA context (factors which include the nature and status of the employer [e.g., a public employer such as a County or State agency or a religious organization]), an ERISA action can result in the recovery of denied benefits. Qualified attorneys, such as those at Marc Grossman’s office, can assess and determine whether you have an ERISA claim that can be successfully pursued.

Health insurance reform, including that regarding ERISA regulation, is clearly long overdue. In the meantime, those that have had insurance benefits denied under an employer funded insurance policy have rights that may be properly vindicated. If you believe that your ERISA claim has been improperly rejected by your insurer, contact the Law Offices of Marc E. Grossman.



Small Business Bankruptcy, is a Chapter 11 Bankruptcy Right For You?

clock March 3, 2010 01:35 by author Bryan Siegel

It appears that everywhere that you turn someone is talking about Chapter 13 or Chapter 11 bankruptcy protection. Our current economic slowdown has caused lots of smaller businesses to go out of business. People that do have jobs cutting expenses and tightening belts to prepare for the worse. While right now it's difficult to hope for the best, there are alternatives for small businesses.

What can a Chapter 11 do for the small business owner?

Chapter 11 bankruptcy can offer a small business the necessary lifeline without the losing their assets. A Chapter 11 filing can re consolidate all of your business assets and protects the business owner from all other forms of litigation. In fact an automatic stay is granted one an owner files for a Chapter 11 bankruptcy.

If you are considering small business bankruptcy a Chapter 11 might be the right choice for you. The Law Offices of Marc Grossman provide FREE initial consultations. Why wait? Contact Us today before it's too late.