We Are Gupta Evans & Ayres
Building partnerships and supporting our fellow lawyers in areas of Bankruptcy, Corporate Litigation, and Real Estate Law.
I came to Ajay with a complicated and stressful real estate case. I interacted closely with several lawyers during the course of this case, and I was exposed to a range of people in the legal profession. It was very apparent to me that Ajay and his team are at the better end of the spectrum, representing their profession with the utmost integrity.
-Nicole A., San Angelo, TX
Hard Money Loans
/in All Blog Posts, Bankruptcy/by Ajay GuptaHard money loans do not deserve the seedy, or even criminal, reputation they have gained in the popular imagination. Though not ideal for all situations, they can provide specific advantages and are certainly not inherently predatory.
My Credit Card Sued Me, Now What?
/in All Blog Posts, Bankruptcy/by Ajay GuptaStudies show nearly 98% of all people who get sued for a credit card debt, take no action whatsoever. In doing so, collectors can get a default judgment against you. With that they can force payment from the debtor through wage garnishments, bank account levies, property levies, and other ways.
Will My State Court Judgment Survive Bankruptcy?
/in All Blog Posts, Bankruptcy/by Ajay GuptaIf you’re a Plaintiff in a civil matter, the ability to collect your judgment is probably the most important factor in deciding whether to invest in the litigation. There are steps that you can take to ensure that your stipulated judgments have a higher probability of surviving a bankruptcy by the Defendants.
SB 308 Senate Bill: Proposed Changes to Bankruptcy Exemptions May Benefit You
/in All Blog Posts, Bankruptcy/by Ajay GuptaA recent bill (SB 308) introduced by Senator Bob Wieckowski in the California State Senate proposes major improvements to current bankruptcy exemptions which, if enacted, have the potential to impact many Californians. Of the many changes that the new bill proposes, the most significant change involves the homestead exemption.
Are Taxes Dischargeable in Bankruptcy?
/in All Blog Posts, Bankruptcy/by Ajay GuptaOne of the most prevalent misconceptions that people have about bankruptcy is that you cannot discharge tax debts under a Chapter 7 discharge. Chapter 7, the ‘liquidation’ bankruptcy, is the most common bankruptcy chapter and the one people most often assume when thinking of bankruptcy. You can, in fact, discharge income tax debts if they meet all of the criteria outlined below.
3 Things You Need to Know About Small Claims Court
/in All Blog Posts, Bankruptcy/by Ajay GuptaSmall Claims is a special court in the California judicial system where individuals represent themselves in order to resolve disputes quickly and inexpensively in a relatively informal setting. A main advantage of trying a case in Small Claims Court versus regular Superior Court is, in broad terms, Small Claims saves time and money. The filing fees in Small Claims Court is lower than Superior Court. Cases get to trial much quicker in Small Claims, typically a few months for Small Claims rather than a year or more for Superior Court. The quicker you can get to trial and have your day in court, the quicker you can get your judgment and resolve your situation.
What Do I Need to Know About My Security Deposit
/in All Blog Posts, Real Estate/by Ajay GuptaThe most common disagreement between landlords and tenants centers on refunding a tenant’s security deposit. A security deposit is any money a landlord takes from a tenant other than the advance payment of rent. Unlike rent, which belongs to the landlord, a security deposit is the tenant’s property (unless and until properly used to remedy a tenant’s rental default and/or to compensate a landlord for damage and cleaning.) Thus, under California law, amounts paid as security must be held by the landlord for the tenant. [ref]Ca Civil § 1950.5(d)[/ref] Landlords are allowed to retain some or all of a tenant’s security deposit if certain conditions are met, but they must follow strict guidelines set forth by California statute.
To Sue or Not to Sue?
/in All Blog Posts, Corporate Litigation/by Ajay GuptaA common question faced by attorneys in regards to litigation, and one I get asked almost daily by potential clients, is should one party sue another party for a perceived wrong doing. The question often goes like this, “Ajay, So-and-So did me wrong, now I want to sue them. Can you help me?” This question is almost associated with at least some level of emotion. In most instances, the opposing party did, in fact, commit some level of wrongdoing . An emotional response by the aggrieved party in such instances is completely reasonable. The person was wronged, they want retribution, they need help.