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Are Taxes Dischargeable in Bankruptcy?/in All Blog Posts, Bankruptcy/by Ajay Gupta
One 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 Gupta
Small 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 Gupta
The 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 Gupta
A 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.