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Introducing Our Legal Assistance in Civil Cases

FALQs
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" size="1" content_align="center" style_type="default" sep_color=""] <h2>FREQUENTLY ASKED LEGAL QUESTIONS ("FALQ")</h2> [/fusion_title][fusion_text] The information provided in the FALQ is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete. Anand Law, PC expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FALQ. Please review our complete <a href="http://www.anandlaw.com/terms-of-use/">Terms of Use</a>. [/fusion_text][fusion_tabs design="classic" layout="vertical" justified="yes" backgroundcolor="" inactivecolor="" bordercolor="" icon="" icon_position="" icon_size="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""][fusion_tab title="ACCIDENT & INJURY" icon=""] ACCIDENT & INJURY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="PAIN & SUFFERING" open="no"] In addition to recovery for economic damages, a party injured due to the negligence of another is entitled to recover noneconomic losses for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. These damages are also known as emotional distress damages, and include psychological hardships, loss of ability to engage in life activities, permanent scars, embarrassment, humiliation, and hardship. The insurance companies fight hard to limit your recovery and routinely claim that pain and suffering is made up. ANAND LAW PC will ensure that all forms of pain & suffering damages are investigated and the recovery you receive is maximized. [/fusion_toggle] [fusion_toggle title="PROP 213" open="no"] California Proposition 213 (“Prop 213”) was heavily lobbied for by the insurance industry and passed in 1996. Prop 213 prevents you from recovering any damages for pain and suffering under 4 general circumstances: <ol> <li>You did not have insurance and were in your vehicle;</li> <li>You were the driver of someone else’s vehicle which was not insured;</li> <li>You were convicted of a DUI stemming from the accident;</li> <li>You were in the convicted of a felony, and injuries stem in part from the commission of this felony.</li> </ol> Exceptions to these categories include: <ol> <li>You were the driver of someone else’s vehicle that did not have insurance, but you had your own insurance that covered you while driving other vehicles;</li> <li>You were the driver of someone else’s vehicle that did not have insurance, but that vehicle was owned by your employer;</li> <li>You got into an accident on private property.</li> </ol> If Prop 213 applies, you are still entitled to economic damages, which include medical bill and lost wages. However, you will be prohibited from any recovery for noneconomic damages, which include pain and suffering/emotional distress. ANAND LAW PC will thoroughly investigate the insurance policies that may be applicable, the exceptions to Prop 213 (including those listed above), and ensure that no money is left on the table. The insurance companies have fought hard to prevent you from recovering what you deserve. We fight hard to combat this practice. <a href="tel:+13233253389">Call us today</a> – there is no obligation on your part – if we handle your matter, you will have the peace of mind knowing that we will obtain every penny possible for you. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BANKRUPTCY" icon=""] BANKRUPTCY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ADVERSARY PROCEEDINGS" open="no"] An Adversary Proceeding ("AP") is a full federal lawsuit, that is connected to a bankruptcy case, and in other ways similar to a normal lawsuit with discovery, motions and trial. A Motion may be brought to request certain relief, and in other instances an AP is required. Rule 7001 Federal Rules of Bankruptcy Procedure ("FRBP") lists several categories which require an AP and can’t be brought by motion, and then there are exceptions to these categories. Anand Law handles APs on behalf of both Plaintiffs and Defendants, including but not limited to, suits related to fraud/misrepresentation, violations of lending laws, wrongful foreclosure, breach of fiduciary duty, and willful and malicious injury. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 11 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 11, you can remove fully unsecured liens from properties that are not your primary residence. Also, generally, you can 'cram down' undersecured liens from properties that are not your primary residence. 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be removed or crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 13 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 13, you can remove fully unsecured liens from your primary residence . Unsecured liens that may be removed include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I SELL PROPERTY WHILE IN BANKRUPTCY?" open="no"] Yes. However, Court approval may be required, disclosure to the Court is always required, and depending on a variety of factors, any money earned may need to be paid to creditors. [/fusion_toggle] [fusion_toggle title="CLAIM OBJECTIONS: WHEN & HOW" open="no"] Rule 3007 of the Federal Rules of Bankruptcy Procedure ("FRBP") requires an objection to be “filed and served at least 30 days before any scheduled hearing on the objection or any deadline for the claimant to request a hearing.” In addition to the FRBP, the Local Rules must also be complied with. The Local Bankruptcy Rules (LBR) also require 30 days notice. See LBR 3007-1(b). Each Judge also has their own so-called "Local Local Rules," and compliance with these is also required. An objection may be filed as a Motion or an Adversary Proceeding (“AP”), but compliance with other rules is required, and in certain instances an AP is required. One such instance is “a proceeding to determine the validity, priority, or extent of a lien or other interest in property” (see FRBP 7001(2)). [/fusion_toggle][fusion_toggle title="CRAM DOWNS" open="no"] 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle] [fusion_toggle title="HOW WILL BANKRUPTCY AFFECT MY CREDIT SCORE?" open="no"] This depends on a variety of factors, including what your score currently is, what chapter you file for, and if you successfully complete your bankruptcy. While filing for bankruptcy may lower a credit score, it will not necessarily do so. In fact, if you already have a low credit score, filing can actually increase your score, especially after successful completion of a Chapter 13 or Chapter 11 bankruptcy plan in which you pay off some of your debt. Chapter 7 bankruptcy can also, in certain instances, increase a low credit score, after successful discharge. It is also important to know that you can always re-build your credit after bankruptcy, and ANAND LAW can guide you on how to do so. In order to understand the unpredictability of how bankruptcy may affect your credit score, it is helpful to understand how credit scores are calculated. CALCULATION OF YOUR CREDIT SCORE Credit bureaus (also known as “credit reporting agencies”) act an intermediary between consumers, businesses and lenders. The credit bureaus collect data from various sources, and then use this data to create your credit score. The bureaus use third-party companies, each who employ their own methodology, to calculate these scores. THE MAJOR CREDIT BUREAUS AND SCORING AGENCIES There are dozens of credit reporting agencies, but the three national agencies that a majority of lenders and businesses use are Experian, Equifax, and Transunion. Similarly, there are many credit scoring companies, but the two most common are FICO and VantageScore. Experian Equifax and Transunion came together to create VantageScore, and all continue to use them to generate credit scores. The credit scores are based on how the various data collected interacts with each other. There are approximately 220 million consumers that credit reports have been created for, and approximately 36 billion pieces of credit data utilized in credit reports every year to create the credit scores (source: VantageScore). The exact methodology used is complicated and uncertain, but factors include: payment history with lenders, banks, and credit card companies; amounts owed; length of delinquencies; length of accounts in good standing; and, types of credit being used. Scores from each bureau may differ for a variety of reasons, including the timing of the data provided. [/fusion_toggle] [fusion_toggle title="WHAT IF I MISS A PLAN PAYMENT (CHAPTER 13)?" open="no"] If due to lower income or other unforeseen circumstances that can be documented, the plan can be amended. If the plan is less than 60 months, it can be extended to allow for missed payments to be made up. [/fusion_toggle][fusion_toggle title="WHAT KIND OF PROPERTY CAN I KEEP IN A CHAPTER 7 BANKRUPTCY?" open="no"] Typically, debtors in a Chapter 7 bankruptcy are able to keep property that is exempt, fully encumbered with debt, and property that has no value or cannot be sold. Exempt property is property (up to a certain value) that a creditor cannot take. California has two sets of exemptions and the Bankruptcy Code also includes a set. Fully encumbered property is property that has liens or mortgages which are equal or greater to the value of the property. The trustee does not want this property because they will not make any money after selling the property and paying off the liens. You may keep this property as long as you are current on payments. If not, the creditor will take the property. [/fusion_toggle] [fusion_toggle title="WILL I BE ABLE TO GET CREDIT AFTER THE BANKRUPTCY?" open="no"] The fact that you have filed a bankruptcy will not prevent you from getting credit. While you should expect getting credit to be more difficult and expensive, there are actually many lenders that target people recently discharged from a bankruptcy since they have no other debt, are ready to establish their credit and they can’t file for bankruptcy any time soon.[/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BUSINESS" icon=""] BUSINESS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="COOPERATIVES (CO-OPS)" open="no"] A COOPERATIVE is an organization of individuals or businesses (“members”) that provides services that the members need. The goal of a cooperative is to provide services to its own members at a lower cost, and more efficiently, than if third parties were used. Unlike a corporation, members of a cooperative share equal control and ownership (“one member, one vote”). Also unlike a corporation, a member’s interest in a cooperative is not saleable (however, an interest may be transferable, if allowed under the cooperatives articles of incorporation or bylaws). The U.S. Tax Court has divided cooperatives into two categories: consumer and producer. In consumer cooperatives, the members are consumers, and the cooperative offers products to benefit the members. In producer cooperatives, the members are producers, and the product the members make is processed or marketed by the cooperative. Cooperatives exists in many industries, including agricultural (e.g. Sunkist, Blue Diamond, Sun-Maid); utility (e.g. Palo Alto Park Mutual Water Company, Central Florida Electric Cooperative); housing; consumer goods (e.g. REI, ACE Hardware); education. Cooperatives can be established in nearly any industry, for any purpose, so long as they are organized and conduct business activities primarily for the benefit of its members, and not to make a profit. In California, the Consumer Cooperative Corporation Law, enacted in 1982, regulates entities which operate as cooperatives. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="COMMERCIAL REAL ESTATE TRANSACTIONS" icon=""] COMMERCIAL REAL ESTATE TRANSACTIONS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="BASE YEAR" open="no"]When real estate taxes, insurance, and operating expenses (sometimes referred to as Common Area Maintenance, or CAM, charges) are passed on to tenants, the amount passed on is based on the increase in these expenses as compared to the Base Year (the initial rent already takes into account these charges). [/fusion_toggle] [fusion_toggle title="BUILDING OWNERS AND MANAGERS ASSOCIATION (BOMA)" open="no"]Organization of building owners and managers, engaged in lobbying and producing publications, including the BOMA standards. [/fusion_toggle] [fusion_toggle title="CAM EXPENSES / NET LEASES" open="no"]A Triple Net Lease passes on to tenants a portion of the (1) Real estate taxes; (2) Insurance; and, (3) Operating Expenses (sometimes referred to as Common Area Maintenance, or CAM, charges, but often include maintenance outside of just "common areas." Other variations are Double Net (typically no operating expenses are passed through), and a Gross Lease. Pass-throughs may be assessed at different times (per the lease), and often commercial leases will allow a landlord to retroactively apply assessed charges. Sometimes a landlord will not assess any charges for years, but then choose to. Negotiating the exact provisions is critical to predicting expenses and running a successful operation. The extent of rights to audit is also a negotiable and important issue. [/fusion_toggle] [fusion_toggle title="ESTOPPEL CERTIFICATES" open="no"] An Estoppel Certificate is a document typically used in performing due diligence prior to the purchase of tenant-occupied property. The purpose is for a lender and purchaser to have written confirmation from tenants of certain terms. Important amongst these are: the rental amount; security deposit; duration of lease; and, as discussed further below, a “subordination” clause. The subordination clause is used to confirm that the tenants have agreed, in their lease, that their interest is subordinate to future mortgages. Without such confirmation, the tenants’ leases have priority over mortgages that are subsequently obtained. Furthermore, only a tenant whose interest is subordinate to the mortgage can be evicted. A purchaser (and their lender) may be stuck with tenants for an indefinite period without the ability to earn market rental values. A tenant may be locked in for years, and potentially even forever—courts have upheld provisions giving the tenant the right to perpetual renewal of leases. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="GREY BOX vs. VANILLA BOX" open="no"]Refers to the buildout a landlord will deliver. a Grey Box includes the bare minimum: e.g. just walls, no HVAC, no wiring. A Vanilla Box may have: electrical wiring, flooring, dropped ceiling, HVAC and air ducts. What the Landlord has agreed to buildout is critical. Detailed plans and specifications are ideal. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY" icon=""] ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY (IP) [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ASCAP / BMI / SESAC" open="no"] ASCAP / BMI / SESAC (American Society of Composers, Authors, and Publishers / Broadcast Music, Inc. / SESAC). The 3 U.S. “public performance organizations” (PROs). The PROs collect royalties on behalf of copyright owners of musical compositions for the public performance of their works. This includes the public performance of musical compositions on terrestrial radio (i.e., traditional AM/FM), and on digital radio (e.g., Pandora, iTunes, Spotify); and, in stores, amusement parks, malls, sports arenas, and concerts. A public performance royalty is owed to copyright owners when played over speakers, or performed live (if performed as a cover, a mechanical license is also needed). The PROs distribute royalties to the copyright owners of the musical composition, typically the publisher and songwriter(s). There is no public performance right in sound recordings, meaning that a singer/rapper that performs on a song, but is not a writer, does not receive any public performance royalty when their song is played on traditional radio. If the song is played on digital radio, the singer/rapper will get a royalty for the public performance of their sound recording, which is collected by SoundExchange.[/fusion_toggle] [fusion_toggle title="IMPLIED LICENSE" open="no"] An implied license does not require any actual agreement—it arises solely from conduct and serves to allow others to use your intellectual property (“IP”). There is no requirement that even a verbal understanding was reached. Rather, an implied license is a legal concept that is created solely by the actions of parties and does not require any intention to allow such use. The implied license originated as a concept in patent law, and was then adopted in copyright cases. It is now also applicable to the right of publicity. Generally, an implied license will be found where the following occurred: <ol> <li>At the request of a client</li> <li>An author creates a work</li> <li>Knowing the intended use by the client</li> <li>And provides the work to the client</li> </ol> For singers, producers, songwriters, and artists, an implied license will allow others to use your most valuable IP, copyrights and rights to publicity (e.g., voice, image, likeness), without any compensation, or without further compensation. Moreover, if a payment is found to have been made, the license will be nonrevocable. Not only can you license your IP without any agreement, unless you explicitly limit the extent to which your IP is licensed, a Court will find the contours of the license to be as broad as reasonably possible. In other words, unless there is evidence demonstrating that you limited the extent to which your IP may be used, an implied license will cover all uses reasonably anticipated, and without geographic limitation. It is critical that creators understand the situations under which you may be found to have transferred rights, and to avoid the implied licensing of your work by having thorough, written agreements in place. Without a written agreement, you may be giving your rights away without compensation, without adequate compensation, and without knowing the parameters of the license that you have given. There may be situations where it makes sense to work for a low amount or even for free—e.g., in order to build a reputation, make connections, learn and develop skills—but, this should not be done without careful consideration of the pros and cons of doing so in the context of your career, and you should never give away your IP without knowing that you’re doing so. Do it because you want and intend to, and because you are being fairly compensated in return (whether that compensation is monetary or otherwise). And always, know what your rights are, and what you can expect for allowing other to use them, whether that is a one-time “buy-out” payment, or it includes residual payments based on the performance of the product, or is an alternative arrangement. There are exceptions to the implied license doctrine, including fraud. See e.g., Garcia v. Google, Inc., 743 F.3d 1258, amended by Garcia v. Google, Inc., 766 F.3d 929 (9th Cir. 2014). However, you do not want to rely on exceptions, as this will mean spending a lot more money on attorneys battling out the legal nuances of your situation, whether in or out of court. The far better practice is to make sure that you consult with an attorney prior to creating and handing over your work. If you are an author, producer, actor, musician, singer, artist, set designer, etc., be sure to have an attorney review your situation and draft or review a written agreement. The money you spend in legal fees to prevent fixing a bad situation will be a fraction of what it costs to remedy that situation. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="IS AN IDEA PROTECTED BY COPYRIGHT LAW OR ANY OTHER LAW IN CALIFORNIA?" open="no"] A mere idea is not protected as property in California (Desny v. Wilder). However, a promise to pay for the conveyance of an idea may be implied by the law from the circumstances surrounding the acceptance of that idea (Burtis v. Universal Pictures Co.). In order to prevail on a breach of an implied-in-fact contract claim, it must be shown that the plaintiff not only conveyed an idea that was used by the defendant for a profit, but also that the idea was conveyed with the expectation that payment would be made if the idea were to be used. The plaintiff must show: <ol> <li>that he or she prepared the work;</li> <li>that he or she disclosed the work to the offeree for sale;</li> <li>under all circumstances attending disclosure it can be concluded that the offeree voluntarily accepted the disclosure knowing the conditions on which was tendered (i.e., the offeree must have the opportunity to reject the attempted disclosure if the conditions were unacceptable); and</li> <li>the reasonable value of the work. (Faris v. Enberg)</li> </ol> [/fusion_toggle] [fusion_toggle title="MECHANICAL LICENSE / MECHANICAL RATE" open="no"] Formerly administered by the Harry Fox Agency, now owned by SESAC.[/fusion_toggle] [fusion_toggle title="MUSICAL COMPOSITION " open="no"] A MUSICAL COMPOSITION includes the music, and any accompanying words (“lyrics”). The author of a musical composition is generally the composer and/or lyricist, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). A musical composition may be written (e.g. notes and lyrics), or in the form of a phonorecord (recording of the notes and lyrics). The owner(s) of the copyright to the musical composition may differ from the owner(s) of the copyright to the sound recording of that musical composition. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: sound recording.[/fusion_toggle] [fusion_toggle title="SOUNDEXCHANGE" open="no"] SOUNDEXCHANGE collects and distributes royalties on behalf of sound recording copyright owners, using statutory licenses. SoundExchange is designated by the Librarian of Congress as the sole organization authorized to collect royalties due for the digital transmission of sound recordings, whether the transmission is made via streaming or by making ephemeral phonorecords (i.e., where copyrighted work is reproduced, but only for a short period). Prior to 1996, there was no digital public performance right. Registration with SoundExchange does not necessarily eliminate the need for an artist/writer/producer to also affiliate with one of the PROs. Compare with: ASCAP, BMI, and SESAC, the 3 U.S. public performance organizations (PROs) that collect royalties on behalf of copyright owners of musical compositions or the public performance of their works in “traditional” avenues (i.e., non-digital). [/fusion_toggle] [fusion_toggle title="SOUND RECORDING" open="no"] A SOUND RECORDING is the permanent fixation of music, lyrics, and sound in any medium (e.g. digital, CD, vinyl). The author(s) of a sound recording are the perfomer(s) whose performance is fixed and/or the producer(s) who fix music and sounds in the final recording, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). The owner(s) of the copyright to the sound recording may differ from the owner(s) of the copyright to the musical composition that is being recorded. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: Musical Composition.[/fusion_toggle] [fusion_toggle title="WORK FOR HIRE" open="no"] Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made for hire” in two parts: A work prepared by an employee within the scope of his or her employment or A work specially ordered or commissioned for use <ol> <li>as a contribution to a collective work,</li> <li>as a part of a motion picture or other audiovisual work,</li> <li>as a translation,</li> <li>as a supplementary work,</li> <li>as a compilation,</li> <li>as an instructional text,</li> <li>as a test,</li> <li>as answer material for a test,</li> <li>as an atlas, or</li> <li>if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.[/fusion_toggle]</li> </ol> [/fusion_accordion] [/fusion_tab][fusion_tab title="MORTGAGE & FORECLOSURE" icon=""] MORTGAGE & FORECLOSURE [fusion_accordion divider_line="" class="" id=""][fusion_toggle title="MY LENDER OFFERED ME A TRIAL MODIFICATION WHICH WAS TO BECOME A PERMANENT MODIFICATION AFTERTHREE MONTHS OF PAYMENTS. I MADE ALL PAYMENTS AND THEY ARE NOW REFUSING TO GIVE ME A PERMANENT MODIFICATION. CAN THEY LEGALLY CHANGE THEIR MIND?" open="no"] If your lender stated they would permanently modify your mortgage payments if you made three trial modification payments on time, they must honor this promise. If you are facing this situation or one similar to it, you more than likely have a valid claim for breach of contract against your bank. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][fusion_toggle title="IS THERE A LIMIT ON THE INTEREST RATE A LENDER CAN CHARGE?" open="no"]In general, the limits are: <ul> <li>10% interest on a loan primarily for personal, family or household purposes;</li> <li>For loans that are not for for personal, family or household purposes, the higher of 10% or 5% over the amount charged by the Federal Reserve Bank of San Francisco on advances to member banks on the 25th day of the month before the loan (including loans to be used primarily for home improvement or home purchase).</li> </ul> There are, however, exceptions to these limits including the "broker-arranged" exception. <a href="http://oag.ca.gov/consumers/general/usury">Click here to view the Office of the Attorney General's web site for more information.</a> If you have been charged a usurious rate, you are entitled to all amounts you have paid in excess of the principal. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][/fusion_accordion] [/fusion_tab][fusion_tab title="RESOURCES (LINKS)" icon=""] RESOURCES (LINKS) <ul> <li><a href="http://losangeles.blockshopper.com/">Blockshopper Los Angeles</a></li> <li><a href="http://www.dre.ca.gov/pub_referencebk.html">California Department of Real Esate Reference Book</a></li> <li><a href="http://www.cacb.uscourts.gov/">Central District of California Bankrutpcy Court</a></li> <li><a href="https://www.copyright.gov">Copyright Office</a></li> <li><a href="https://www.crb.gov/">Copyright Royalty Board</a></li> <li><a href="https://bklawyers.org/">Central District Consumer Bankruptcy Attorney Association</a></li> <li><a href="http://www.entertainmentlawreporter.com/">Entertainment Law Reporter</a></li> <li><a href="http://ladbs.org/our-organization/people/bbsc">Los Angeles Board of Building and Safety Commissioners</a></li> <li><a href="http://ladbs.org/">Los Angeles Department of Building and Safety</a></li> <li><a href="http://www.lasuperiorcourt.org/">Los Angeles Superior Court</a></li> <li><a href="https://www.justice.gov/ust/means-testing">Means Testing (required for most individual bankrutpcy filers): Census Bureau, IRS Data and Administrative Expenses Multipliers</a></li> <li><a href="http://www.mersinc.org/">MERS</a></li> <li><a href="https://www.nacba.org/">National Association of Consumer Bankruptcy Attorneys</a></li> <li><a href="http://lahd.lacity.org/lahdinternet/RSO/tabid/263/language/en-US/Default.aspx">Rent Stabilization Ordinance (RSO)</a></li> <li><a href="https://en.wikipedia.org/wiki/Cancellation_of_Debt_%28COD%29_Income">Taxes on Cancellation of Debt (COD) Income from Short Sales</a></li> <li><a href="http://tsdr.uspto.gov/">Trademark Applications and Registrations Retrieval (TARR)</a></li> <li><a href="https://www.uspto.gov/">United States Patent and Trademark Office</a></li> </ul> [/fusion_tab][/fusion_tabs][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="" bottom_margin="" border_size="35" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent="no" hundred_percent_height="no" hundred_percent_height_scroll="no" hundred_percent_height_center_content="yes" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_size="" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="" padding_right="" padding_bottom="" padding_left=""][fusion_builder_row][fusion_builder_column type="1_6" layout="1_6" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][/fusion_builder_column][fusion_builder_column type="2_3" layout="2_3" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="top" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_text] <h2 style="text-align: center;">Schedule a consultation.</h2> [/fusion_text][fusion_button link="tel:+13233253389" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="fa-phone" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CALL US[/fusion_button][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_button link="http://www.anandlaw.com/contact-us/" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CONTACT US ONLINE[/fusion_button][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="bottom" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][/fusion_builder_column][fusion_builder_column type="1_6" layout="1_6" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
BRANDON J. ANAND
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_text] <h1 style="text-align: center;">BRANDON J. ANAND, ESQ.</h1> <h3 style="text-align: center;">MANAGING ATTORNEY</h3> [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent="no" hundred_percent_height="no" hundred_percent_height_scroll="no" hundred_percent_height_center_content="yes" equal_height_columns="no" menu_anchor="" hide_on_mobile="no" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_size="0px" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="20" padding_right="" padding_bottom="20" padding_left=""][fusion_builder_row][fusion_builder_column type="2_3" layout="2_3" last="no" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_text] <a href="http://www.anandlaw.com/wp-content/uploads/2017/11/brandon_anand.jpg"><img class="size-full wp-image-222 aligncenter" src="http://www.anandlaw.com/wp-content/uploads/2017/11/brandon_anand.jpg" alt="" width="209" height="160" /></a> Brandon J Anand serves as Managing Attorney of ANAND LAW PC. He handles both transactional and litigation matters, focusing on the areas of business, real estate and entertainment/IP. Brandon has successfully litigated claims on behalf of Defendants and Plaintiffs, in state and federal court, on a range of cases, including: enforcement of fraud claims brought by a foreign entity; obtaining dozens of restraining orders against national banks and mortgage servicers; and, prosecution and defense of multiple breach of contract, breach of fiduciary duty, fraud, and intellectual property claims. In addition, he has eliminated millions of dollars of debt and liens for clients through bankruptcy litigation. Brandon has also handled countless transactional matters, with a focus on the entertainment and real estate sectors, including: major label recording and publishing deals; intellectual property licensing agreements; development agreements; copyright synchronization agreements; management agreements; producer agreements; commercial leases with national landlords and developers; corporate formation/governance agreements; and, registration and enforcement of copyrights and trademarks. [/fusion_text][/fusion_builder_column][fusion_builder_column type="1_3" layout="1_3" spacing="yes" center_content="yes" link="" target="_self" min_height="none" hide_on_mobile="no" class="" id="" background_color="" background_image="" background_position="left top" undefined="" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="left" animation_speed="0.1" animation_offset="" last="no"][fusion_text] Assistants: Leticia Bustamante: 323-325-3389 Ext. 103 Janine Raduechel: 323-325-3389 Ext. 104 [/fusion_text][fusion_section_separator divider_type="slant" divider_position="left" divider_candy="top" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_text] Social Links: <a href="https://www.avvo.com/attorneys/90036-ca-brandon-anand-1843347.html" target="_blank" rel="noopener"><img style="max-width: 100%; height: auto;" src="http://www.anandlaw.com/wp-content/uploads/2017/11/avvo.png" /></a> <a href="https://www.linkedin.com/in/brandon-j-anand-5628bbb" target="_blank" rel="noopener"><img style="max-width: 100%; height: auto;" src="http://www.anandlaw.com/wp-content/uploads/2017/11/linkedin.png" /></a> [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title size="3" content_align="left" style_type="default" sep_color="" margin_top="" margin_bottom="" class="" id=""]ADMISSIONS:[/fusion_title][/fusion_builder_column][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_checklist icon="fa-chevron-right" iconcolor="#1e73be" circle="no" circlecolor="" size="13px" class="" id=""][fusion_li_item icon=""]State Courts of California[/fusion_li_item][fusion_li_item icon=""]United States District Court for the Central District of California[/fusion_li_item][fusion_li_item icon=""]United States District Court for the Eastern District of California[/fusion_li_item][fusion_li_item icon=""]United States Court of Appeals for the Ninth Circuit[/fusion_li_item][/fusion_checklist][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title size="3" content_align="left" style_type="default" sep_color="" margin_top="" margin_bottom="" class="" id=""]EDUCATION:[/fusion_title][/fusion_builder_column][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_checklist icon="fa-chevron-right" iconcolor="#1e73be" circle="no" circlecolor="" size="13px" class="" id=""][fusion_li_item icon=""]University of California, Irvine; B.A., Economics/Management;[/fusion_li_item][fusion_li_item icon=""]Southwestern Law School in Los Angeles, Juris Doctorate.[/fusion_li_item][/fusion_checklist][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title size="3" content_align="left" style_type="default" sep_color="" margin_top="" margin_bottom="" class="" id=""]AFFILIATIONS:[/fusion_title][/fusion_builder_column][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_checklist icon="fa-chevron-right" iconcolor="#1e73be" circle="no" circlecolor="" size="13px" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""][fusion_li_item icon=""]<a href="http://www.abtl.org/" target="new">Association of Business Trial Lawyers (ABTL)</a>[/fusion_li_item][fusion_li_item icon=""] <a href="https://www.bklawyers.org/" target="new">Central District Consumer Bankruptcy Attorney Association (CDCBAA)</a> [/fusion_li_item][fusion_li_item icon=""] Consumer Attorney Association of Los Angeles (CAALA) [/fusion_li_item][fusion_li_item icon=""] <a href="http://realpropertylaw.calbar.ca.gov/" target="new">Real Property Section, California State Bar</a> [/fusion_li_item][fusion_li_item icon=""] Artists, Dreamers & Creators Co-Op [/fusion_li_item][/fusion_checklist][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
FALQs
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" size="1" content_align="center" style_type="default" sep_color=""] <h2>FREQUENTLY ASKED LEGAL QUESTIONS ("FALQ")</h2> [/fusion_title][fusion_text] The information provided in the FALQ is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete. Anand Law, PC expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FALQ. Please review our complete <a href="http://www.anandlaw.com/terms-of-use/">Terms of Use</a>. [/fusion_text][fusion_tabs design="classic" layout="vertical" justified="yes" backgroundcolor="" inactivecolor="" bordercolor="" icon="" icon_position="" icon_size="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""][fusion_tab title="ACCIDENT & INJURY" icon=""] ACCIDENT & INJURY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="PAIN & SUFFERING" open="no"] In addition to recovery for economic damages, a party injured due to the negligence of another is entitled to recover noneconomic losses for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. These damages are also known as emotional distress damages, and include psychological hardships, loss of ability to engage in life activities, permanent scars, embarrassment, humiliation, and hardship. The insurance companies fight hard to limit your recovery and routinely claim that pain and suffering is made up. ANAND LAW PC will ensure that all forms of pain & suffering damages are investigated and the recovery you receive is maximized. [/fusion_toggle] [fusion_toggle title="PROP 213" open="no"] California Proposition 213 (“Prop 213”) was heavily lobbied for by the insurance industry and passed in 1996. Prop 213 prevents you from recovering any damages for pain and suffering under 4 general circumstances: <ol> <li>You did not have insurance and were in your vehicle;</li> <li>You were the driver of someone else’s vehicle which was not insured;</li> <li>You were convicted of a DUI stemming from the accident;</li> <li>You were in the convicted of a felony, and injuries stem in part from the commission of this felony.</li> </ol> Exceptions to these categories include: <ol> <li>You were the driver of someone else’s vehicle that did not have insurance, but you had your own insurance that covered you while driving other vehicles;</li> <li>You were the driver of someone else’s vehicle that did not have insurance, but that vehicle was owned by your employer;</li> <li>You got into an accident on private property.</li> </ol> If Prop 213 applies, you are still entitled to economic damages, which include medical bill and lost wages. However, you will be prohibited from any recovery for noneconomic damages, which include pain and suffering/emotional distress. ANAND LAW PC will thoroughly investigate the insurance policies that may be applicable, the exceptions to Prop 213 (including those listed above), and ensure that no money is left on the table. The insurance companies have fought hard to prevent you from recovering what you deserve. We fight hard to combat this practice. <a href="tel:+13233253389">Call us today</a> – there is no obligation on your part – if we handle your matter, you will have the peace of mind knowing that we will obtain every penny possible for you. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BANKRUPTCY & REORGANIZATION" icon=""] BANKRUPTCY & REORGANIZATION [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ADVERSARY PROCEEDINGS" open="no"] An Adversary Proceeding ("AP") is a full federal lawsuit, that is connected to a bankruptcy case, and in other ways similar to a normal lawsuit with discovery, motions and trial. A Motion may be brought to request certain relief, and in other instances an AP is required. Rule 7001 Federal Rules of Bankruptcy Procedure ("FRBP") lists several categories which require an AP and can’t be brought by motion, and then there are exceptions to these categories. Anand Law handles APs on behalf of both Plaintiffs and Defendants, including but not limited to, suits related to fraud/misrepresentation, violations of lending laws, wrongful foreclosure, breach of fiduciary duty, and willful and malicious injury. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 11 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 11, you can remove fully unsecured liens from properties that are not your primary residence. Also, generally, you can 'cram down' undersecured liens from properties that are not your primary residence. 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be removed or crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 13 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 13, you can remove fully unsecured liens from your primary residence . Unsecured liens that may be removed include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I SELL PROPERTY WHILE IN BANKRUPTCY?" open="no"] Yes. However, Court approval may be required, disclosure to the Court is always required, and depending on a variety of factors, any money earned may need to be paid to creditors. [/fusion_toggle] [fusion_toggle title="CLAIM OBJECTIONS: WHEN & HOW" open="no"] Rule 3007 of the Federal Rules of Bankruptcy Procedure ("FRBP") requires an objection to be “filed and served at least 30 days before any scheduled hearing on the objection or any deadline for the claimant to request a hearing.” In addition to the FRBP, the Local Rules must also be complied with. The Local Bankruptcy Rules (LBR) also require 30 days notice. See LBR 3007-1(b). Each Judge also has their own so-called "Local Local Rules," and compliance with these is also required. An objection may be filed as a Motion or an Adversary Proceeding (“AP”), but compliance with other rules is required, and in certain instances an AP is required. One such instance is “a proceeding to determine the validity, priority, or extent of a lien or other interest in property” (see FRBP 7001(2)). [/fusion_toggle][fusion_toggle title="CRAM DOWNS" open="no"] 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle] [fusion_toggle title="HOW WILL BANKRUPTCY AFFECT MY CREDIT SCORE?" open="no"] This depends on a variety of factors, including what your score currently is, what chapter you file for, and if you successfully complete your bankruptcy. While filing for bankruptcy may lower a credit score, it will not necessarily do so. In fact, if you already have a low credit score, filing can actually increase your score, especially after successful completion of a Chapter 13 or Chapter 11 bankruptcy plan in which you pay off some of your debt. Chapter 7 bankruptcy can also, in certain instances, increase a low credit score, after successful discharge. It is also important to know that you can always re-build your credit after bankruptcy, and ANAND LAW can guide you on how to do so. In order to understand the unpredictability of how bankruptcy may affect your credit score, it is helpful to understand how credit scores are calculated. CALCULATION OF YOUR CREDIT SCORE Credit bureaus (also known as “credit reporting agencies”) act an intermediary between consumers, businesses and lenders. The credit bureaus collect data from various sources, and then use this data to create your credit score. The bureaus use third-party companies, each who employ their own methodology, to calculate these scores. THE MAJOR CREDIT BUREAUS AND SCORING AGENCIES There are dozens of credit reporting agencies, but the three national agencies that a majority of lenders and businesses use are Experian, Equifax, and Transunion. Similarly, there are many credit scoring companies, but the two most common are FICO and VantageScore. Experian Equifax and Transunion came together to create VantageScore, and all continue to use them to generate credit scores. The credit scores are based on how the various data collected interacts with each other. There are approximately 220 million consumers that credit reports have been created for, and approximately 36 billion pieces of credit data utilized in credit reports every year to create the credit scores (source: VantageScore). The exact methodology used is complicated and uncertain, but factors include: payment history with lenders, banks, and credit card companies; amounts owed; length of delinquencies; length of accounts in good standing; and, types of credit being used. Scores from each bureau may differ for a variety of reasons, including the timing of the data provided. IMPROVING YOUR CREDIT SCORE Regardless of the Credit Bureau (e.g., Experian, Equifax, or Transunion), or the Scoring Agency (e.g., FICO or VantageScore), you can improve your credit score, no matter how bad it is, and no matter the reason for it being low (whether due to bad payment history, repossessions, judgments, liens, foreclosure, or other). In general, you can improve your credit score by using credit (e.g., through a credit card, line of credit, or loan), and paying bank all use of that credit on time. The longer you consistently pay on time, and the higher the amount of credit being used, the better your credit score will be. You can re-establish your credit even after repossessions, judgments, liens, or foreclosure by maintaining a pattern of using credit and repaying the lender timely. There are lenders willing to extend credit to nearly anyone, regardless of their score, and even lenders that extend credit to individuals in active bankruptcy proceedings. However, it is important to note that, in general, the lower your credit score, the more it will cost to obtain the credit (i.e., the higher interest rate you will receive)--this makes it even more critical that you pay on time. The bottom line is that it is not hopeless--with some patience and organization to manage your finances, you can re-establish and build your credit score. [/fusion_toggle] [fusion_toggle title="WHAT IF I MISS A PLAN PAYMENT (CHAPTER 13)?" open="no"] If due to lower income or other unforeseen circumstances that can be documented, the plan can be amended. If the plan is less than 60 months, it can be extended to allow for missed payments to be made up. [/fusion_toggle][fusion_toggle title="WHAT KIND OF PROPERTY CAN I KEEP IN A CHAPTER 7 BANKRUPTCY?" open="no"] Typically, debtors in a Chapter 7 bankruptcy are able to keep property that is exempt, fully encumbered with debt, and property that has no value or cannot be sold. Exempt property is property (up to a certain value) that a creditor cannot take. California has two sets of exemptions and the Bankruptcy Code also includes a set. Fully encumbered property is property that has liens or mortgages which are equal or greater to the value of the property. The trustee does not want this property because they will not make any money after selling the property and paying off the liens. You may keep this property as long as you are current on payments. If not, the creditor will take the property. [/fusion_toggle] [fusion_toggle title="WILL I BE ABLE TO GET CREDIT AFTER THE BANKRUPTCY?" open="no"] The fact that you have filed a bankruptcy will not prevent you from getting credit. While you should expect getting credit to be more difficult and expensive, there are actually many lenders that target people recently discharged from a bankruptcy since they have no other debt, are ready to establish their credit and they can’t file for bankruptcy any time soon.[/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BUSINESS" icon=""] BUSINESS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="COOPERATIVES (CO-OPS)" open="no"] A COOPERATIVE is an organization of individuals or businesses (“members”) that provides services that the members need. The goal of a cooperative is to provide services to its own members at a lower cost, and more efficiently, than if third parties were used. Unlike a corporation, members of a cooperative share equal control and ownership (“one member, one vote”). Also unlike a corporation, a member’s interest in a cooperative is not saleable (however, an interest may be transferable, if allowed under the cooperatives articles of incorporation or bylaws). The U.S. Tax Court has divided cooperatives into two categories: consumer and producer. In consumer cooperatives, the members are consumers, and the cooperative offers products to benefit the members. In producer cooperatives, the members are producers, and the product the members make is processed or marketed by the cooperative. Cooperatives exists in many industries, including agricultural (e.g. Sunkist, Blue Diamond, Sun-Maid); utility (e.g. Palo Alto Park Mutual Water Company, Central Florida Electric Cooperative); housing; consumer goods (e.g. REI, ACE Hardware); education. Cooperatives can be established in nearly any industry, for any purpose, so long as they are organized and conduct business activities primarily for the benefit of its members, and not to make a profit. In California, the Consumer Cooperative Corporation Law, enacted in 1982, regulates entities which operate as cooperatives. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="COMMERCIAL REAL ESTATE TRANSACTIONS" icon=""] COMMERCIAL REAL ESTATE TRANSACTIONS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="BASE YEAR" open="no"]When real estate taxes, insurance, and operating expenses (sometimes referred to as Common Area Maintenance, or CAM, charges) are passed on to tenants, the amount passed on is based on the increase in these expenses as compared to the Base Year (the initial rent already takes into account these charges). [/fusion_toggle] [fusion_toggle title="BUILDING OWNERS AND MANAGERS ASSOCIATION (BOMA)" open="no"]Organization of building owners and managers, engaged in lobbying and producing publications, including the BOMA standards. [/fusion_toggle] [fusion_toggle title="CAM EXPENSES / NET LEASES" open="no"]A Triple Net Lease passes on to tenants a portion of the (1) Real estate taxes; (2) Insurance; and, (3) Operating Expenses (sometimes referred to as Common Area Maintenance, or CAM, charges, but often include maintenance outside of just "common areas." Other variations are Double Net (typically no operating expenses are passed through), and a Gross Lease. Pass-throughs may be assessed at different times (per the lease), and often commercial leases will allow a landlord to retroactively apply assessed charges. Sometimes a landlord will not assess any charges for years, but then choose to. Negotiating the exact provisions is critical to predicting expenses and running a successful operation. The extent of rights to audit is also a negotiable and important issue. [/fusion_toggle] [fusion_toggle title="ESTOPPEL CERTIFICATES" open="no"] An Estoppel Certificate is a document typically used in performing due diligence prior to the purchase of tenant-occupied property. The purpose is for a lender and purchaser to have written confirmation from tenants of certain terms. Important amongst these are: the rental amount; security deposit; duration of lease; and, as discussed further below, a “subordination” clause. The subordination clause is used to confirm that the tenants have agreed, in their lease, that their interest is subordinate to future mortgages. Without such confirmation, the tenants’ leases have priority over mortgages that are subsequently obtained. Furthermore, only a tenant whose interest is subordinate to the mortgage can be evicted. A purchaser (and their lender) may be stuck with tenants for an indefinite period without the ability to earn market rental values. A tenant may be locked in for years, and potentially even forever—courts have upheld provisions giving the tenant the right to perpetual renewal of leases. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="GREY BOX vs. VANILLA BOX" open="no"]Refers to the buildout a landlord will deliver. a Grey Box includes the bare minimum: e.g. just walls, no HVAC, no wiring. A Vanilla Box may have: electrical wiring, flooring, dropped ceiling, HVAC and air ducts. What the Landlord has agreed to buildout is critical. Detailed plans and specifications are ideal. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="CONSUMER & PRIVACY" icon=""] CONSUMER & PRIVACY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="HOW IS MY CREDIT SCORE CALCULATED, AND CAN I IMPROVE IT?" open="no"] Credit bureaus (also known as “credit reporting agencies”) act an intermediary between consumers, businesses and lenders. The credit bureaus collect data from various sources, and then use this data to create your credit score. The bureaus use third-party companies, each who employ their own methodology, to calculate these scores. THE MAJOR CREDIT BUREAUS AND SCORING AGENCIES There are dozens of credit reporting agencies, but the three national agencies that a majority of lenders and businesses use are Experian, Equifax, and Transunion. Similarly, there are many credit scoring companies, but the two most common are FICO and VantageScore. Experian Equifax and Transunion came together to create VantageScore, and all continue to use them to generate credit scores. The credit scores are based on how the various data collected interacts with each other. There are approximately 220 million consumers that credit reports have been created for, and approximately 36 billion pieces of credit data utilized in credit reports every year to create the credit scores (source: VantageScore). The exact methodology used is complicated and uncertain, but factors include: payment history with lenders, banks, and credit card companies; amounts owed; length of delinquencies; length of accounts in good standing; and, types of credit being used. Scores from each bureau may differ for a variety of reasons, including the timing of the data provided. IMPROVING YOUR CREDIT SCORE Regardless of the Credit Bureau (e.g., Experian, Equifax, or Transunion), or the Scoring Agency (e.g., FICO or VantageScore), you can improve your credit score, no matter how bad it is, and no matter the reason for it being low (whether due to bad payment history, repossessions, judgments, liens, foreclosure, or other). In general, you can improve your credit score by using credit (e.g., through a credit card, line of credit, or loan), and paying bank all use of that credit on time. The longer you consistently pay on time, and the higher the amount of credit being used, the better your credit score will be. You can re-establish your credit even after repossessions, judgments, liens, or foreclosure by maintaining a pattern of using credit and repaying the lender timely. There are lenders willing to extend credit to nearly anyone, regardless of their score, and even lenders that extend credit to individuals in active bankruptcy proceedings. However, it is important to note that, in general, the lower your credit score, the more it will cost to obtain the credit (i.e., the higher interest rate you will receive)--this makes it even more critical that you pay on time. The bottom line is that it is not hopeless--with some patience and organization to manage your finances, you can re-establish and build your credit score. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY" icon=""] ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY (IP) [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ASCAP / BMI / SESAC" open="no"] ASCAP / BMI / SESAC (American Society of Composers, Authors, and Publishers / Broadcast Music, Inc. / SESAC). The 3 U.S. “public performance organizations” (PROs). The PROs collect royalties on behalf of copyright owners of musical compositions for the public performance of their works. This includes the public performance of musical compositions on terrestrial radio (i.e., traditional AM/FM), and on digital radio (e.g., Pandora, iTunes, Spotify); and, in stores, amusement parks, malls, sports arenas, and concerts. A public performance royalty is owed to copyright owners when played over speakers, or performed live (if performed as a cover, a mechanical license is also needed). The PROs distribute royalties to the copyright owners of the musical composition, typically the publisher and songwriter(s). There is no public performance right in sound recordings, meaning that a singer/rapper that performs on a song, but is not a writer, does not receive any public performance royalty when their song is played on traditional radio. If the song is played on digital radio, the singer/rapper will get a royalty for the public performance of their sound recording, which is collected by SoundExchange.[/fusion_toggle] [fusion_toggle title="IMPLIED LICENSE" open="no"] An implied license does not require any actual agreement—it arises solely from conduct and serves to allow others to use your intellectual property (“IP”). There is no requirement that even a verbal understanding was reached. Rather, an implied license is a legal concept that is created solely by the actions of parties and does not require any intention to allow such use. The implied license originated as a concept in patent law, and was then adopted in copyright cases. It is now also applicable to the right of publicity. Generally, an implied license will be found where the following occurred: <ol> <li>At the request of a client</li> <li>An author creates a work</li> <li>Knowing the intended use by the client</li> <li>And provides the work to the client</li> </ol> For singers, producers, songwriters, and artists, an implied license will allow others to use your most valuable IP, copyrights and rights to publicity (e.g., voice, image, likeness), without any compensation, or without further compensation. Moreover, if a payment is found to have been made, the license will be nonrevocable. Not only can you license your IP without any agreement, unless you explicitly limit the extent to which your IP is licensed, a Court will find the contours of the license to be as broad as reasonably possible. In other words, unless there is evidence demonstrating that you limited the extent to which your IP may be used, an implied license will cover all uses reasonably anticipated, and without geographic limitation. It is critical that creators understand the situations under which you may be found to have transferred rights, and to avoid the implied licensing of your work by having thorough, written agreements in place. Without a written agreement, you may be giving your rights away without compensation, without adequate compensation, and without knowing the parameters of the license that you have given. There may be situations where it makes sense to work for a low amount or even for free—e.g., in order to build a reputation, make connections, learn and develop skills—but, this should not be done without careful consideration of the pros and cons of doing so in the context of your career, and you should never give away your IP without knowing that you’re doing so. Do it because you want and intend to, and because you are being fairly compensated in return (whether that compensation is monetary or otherwise). And always, know what your rights are, and what you can expect for allowing other to use them, whether that is a one-time “buy-out” payment, or it includes residual payments based on the performance of the product, or is an alternative arrangement. There are exceptions to the implied license doctrine, including fraud. See e.g., Garcia v. Google, Inc., 743 F.3d 1258, amended by Garcia v. Google, Inc., 766 F.3d 929 (9th Cir. 2014). However, you do not want to rely on exceptions, as this will mean spending a lot more money on attorneys battling out the legal nuances of your situation, whether in or out of court. The far better practice is to make sure that you consult with an attorney prior to creating and handing over your work. If you are an author, producer, actor, musician, singer, artist, set designer, etc., be sure to have an attorney review your situation and draft or review a written agreement. The money you spend in legal fees to prevent fixing a bad situation will be a fraction of what it costs to remedy that situation. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="IS AN IDEA PROTECTED BY COPYRIGHT LAW OR ANY OTHER LAW IN CALIFORNIA?" open="no"] A mere idea is not protected as property in California (Desny v. Wilder). However, a promise to pay for the conveyance of an idea may be implied by the law from the circumstances surrounding the acceptance of that idea (Burtis v. Universal Pictures Co.). In order to prevail on a breach of an implied-in-fact contract claim, it must be shown that the plaintiff not only conveyed an idea that was used by the defendant for a profit, but also that the idea was conveyed with the expectation that payment would be made if the idea were to be used. The plaintiff must show: <ol> <li>that he or she prepared the work;</li> <li>that he or she disclosed the work to the offeree for sale;</li> <li>under all circumstances attending disclosure it can be concluded that the offeree voluntarily accepted the disclosure knowing the conditions on which was tendered (i.e., the offeree must have the opportunity to reject the attempted disclosure if the conditions were unacceptable); and</li> <li>the reasonable value of the work. (Faris v. Enberg)</li> </ol> [/fusion_toggle] [fusion_toggle title="MECHANICAL LICENSE / MECHANICAL RATE" open="no"] Formerly administered by the Harry Fox Agency, now owned by SESAC.[/fusion_toggle] [fusion_toggle title="MUSICAL COMPOSITION " open="no"] A MUSICAL COMPOSITION includes the music, and any accompanying words (“lyrics”). The author of a musical composition is generally the composer and/or lyricist, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). A musical composition may be written (e.g. notes and lyrics), or in the form of a phonorecord (recording of the notes and lyrics). The owner(s) of the copyright to the musical composition may differ from the owner(s) of the copyright to the sound recording of that musical composition. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: sound recording.[/fusion_toggle] [fusion_toggle title="SOUNDEXCHANGE" open="no"] SOUNDEXCHANGE collects and distributes royalties on behalf of sound recording copyright owners, using statutory licenses. SoundExchange is designated by the Librarian of Congress as the sole organization authorized to collect royalties due for the digital transmission of sound recordings, whether the transmission is made via streaming or by making ephemeral phonorecords (i.e., where copyrighted work is reproduced, but only for a short period). Prior to 1996, there was no digital public performance right. Registration with SoundExchange does not necessarily eliminate the need for an artist/writer/producer to also affiliate with one of the PROs. Compare with: ASCAP, BMI, and SESAC, the 3 U.S. public performance organizations (PROs) that collect royalties on behalf of copyright owners of musical compositions or the public performance of their works in “traditional” avenues (i.e., non-digital). [/fusion_toggle] [fusion_toggle title="SOUND RECORDING" open="no"] A SOUND RECORDING is the permanent fixation of music, lyrics, and sound in any medium (e.g. digital, CD, vinyl). The author(s) of a sound recording are the perfomer(s) whose performance is fixed and/or the producer(s) who fix music and sounds in the final recording, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). The owner(s) of the copyright to the sound recording may differ from the owner(s) of the copyright to the musical composition that is being recorded. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: Musical Composition.[/fusion_toggle] [fusion_toggle title="WORK FOR HIRE" open="no"] Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made for hire” in two parts: A work prepared by an employee within the scope of his or her employment or A work specially ordered or commissioned for use <ol> <li>as a contribution to a collective work,</li> <li>as a part of a motion picture or other audiovisual work,</li> <li>as a translation,</li> <li>as a supplementary work,</li> <li>as a compilation,</li> <li>as an instructional text,</li> <li>as a test,</li> <li>as answer material for a test,</li> <li>as an atlas, or</li> <li>if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.[/fusion_toggle]</li> </ol> [/fusion_accordion] [/fusion_tab][fusion_tab title="MORTGAGE & FORECLOSURE" icon=""] MORTGAGE & FORECLOSURE [fusion_accordion divider_line="" class="" id=""][fusion_toggle title="MY LENDER OFFERED ME A TRIAL MODIFICATION WHICH WAS TO BECOME A PERMANENT MODIFICATION AFTERTHREE MONTHS OF PAYMENTS. I MADE ALL PAYMENTS AND THEY ARE NOW REFUSING TO GIVE ME A PERMANENT MODIFICATION. CAN THEY LEGALLY CHANGE THEIR MIND?" open="no"] If your lender stated they would permanently modify your mortgage payments if you made three trial modification payments on time, they must honor this promise. If you are facing this situation or one similar to it, you more than likely have a valid claim for breach of contract against your bank. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][fusion_toggle title="IS THERE A LIMIT ON THE INTEREST RATE A LENDER CAN CHARGE?" open="no"]In general, the limits are: <ul> <li>10% interest on a loan primarily for personal, family or household purposes;</li> <li>For loans that are not for for personal, family or household purposes, the higher of 10% or 5% over the amount charged by the Federal Reserve Bank of San Francisco on advances to member banks on the 25th day of the month before the loan (including loans to be used primarily for home improvement or home purchase).</li> </ul> There are, however, exceptions to these limits including the "broker-arranged" exception. <a href="http://oag.ca.gov/consumers/general/usury">Click here to view the Office of the Attorney General's web site for more information.</a> If you have been charged a usurious rate, you are entitled to all amounts you have paid in excess of the principal. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][/fusion_accordion] [/fusion_tab][fusion_tab title="RESOURCES (LINKS)" icon=""] RESOURCES (LINKS) <ul> <li><a href="http://losangeles.blockshopper.com/">Blockshopper Los Angeles</a></li> <li><a href="http://www.dre.ca.gov/pub_referencebk.html">California Department of Real Esate Reference Book</a></li> <li><a href="http://www.cacb.uscourts.gov/">Central District of California Bankrutpcy Court</a></li> <li><a href="https://www.copyright.gov">Copyright Office</a></li> <li><a href="https://www.crb.gov/">Copyright Royalty Board</a></li> <li><a href="https://bklawyers.org/">Central District Consumer Bankruptcy Attorney Association</a></li> <li><a href="http://www.entertainmentlawreporter.com/">Entertainment Law Reporter</a></li> <li><a href="http://ladbs.org/our-organization/people/bbsc">Los Angeles Board of Building and Safety Commissioners</a></li> <li><a href="http://ladbs.org/">Los Angeles Department of Building and Safety</a></li> <li><a href="http://www.lasuperiorcourt.org/">Los Angeles Superior Court</a></li> <li><a href="https://www.justice.gov/ust/means-testing">Means Testing (required for most individual bankrutpcy filers): Census Bureau, IRS Data and Administrative Expenses Multipliers</a></li> <li><a href="http://www.mersinc.org/">MERS</a></li> <li><a href="https://www.nacba.org/">National Association of Consumer Bankruptcy Attorneys</a></li> <li><a href="http://lahd.lacity.org/lahdinternet/RSO/tabid/263/language/en-US/Default.aspx">Rent Stabilization Ordinance (RSO)</a></li> <li><a href="https://en.wikipedia.org/wiki/Cancellation_of_Debt_%28COD%29_Income">Taxes on Cancellation of Debt (COD) Income from Short Sales</a></li> <li><a href="http://tsdr.uspto.gov/">Trademark Applications and Registrations Retrieval (TARR)</a></li> <li><a href="https://www.uspto.gov/">United States Patent and Trademark Office</a></li> </ul> [/fusion_tab][/fusion_tabs][fusion_separator style_type="none" 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padding_right="" padding_bottom="" padding_left=""][fusion_builder_row][fusion_builder_column type="1_6" layout="1_6" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][/fusion_builder_column][fusion_builder_column type="2_3" layout="2_3" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="top" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_text] <h2 style="text-align: center;">Schedule a consultation.</h2> [/fusion_text][fusion_button link="tel:+13233253389" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="fa-phone" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CALL US[/fusion_button][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_button link="http://www.anandlaw.com/contact-us/" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" 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FALQs
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" size="1" content_align="center" style_type="default" sep_color=""] <h2>FREQUENTLY ASKED LEGAL QUESTIONS ("FALQ")</h2> [/fusion_title][fusion_text] The information provided in the FALQ is provided for informational purposes only and does not constitute legal advice. The information contained is not intended to be a complete recitation of the law, and is provided only as general information in an area—it may not contain all nuances of the law, and is not guaranteed to be correct or complete. Anand Law, PC expressly disclaims all liability in respect to actions taken or not taken based on the information contained in the FALQ. Please review our complete <a href="http://www.anandlaw.com/terms-of-use/">Terms of Use</a>. [/fusion_text][fusion_tabs design="classic" layout="vertical" justified="yes" backgroundcolor="" inactivecolor="" bordercolor="" icon="" icon_position="" icon_size="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""][fusion_tab title="ACCIDENT & INJURY" icon=""] ACCIDENT & INJURY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="PAIN & SUFFERING" open="no"] In addition to recovery for economic damages, a party injured due to the negligence of another is entitled to recover noneconomic losses for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. These damages are also known as emotional distress damages, and include psychological hardships, loss of ability to engage in life activities, permanent scars, embarrassment, humiliation, and hardship. The insurance companies fight hard to limit your recovery and routinely claim that pain and suffering is made up. ANAND LAW PC will ensure that all forms of pain & suffering damages are investigated and the recovery you receive is maximized. [/fusion_toggle] [fusion_toggle title="PROP 213" open="no"] California Proposition 213 (“Prop 213”) was heavily lobbied for by the insurance industry and passed in 1996. Prop 213 prevents you from recovering any damages for pain and suffering under 4 general circumstances: <ol> <li>You did not have insurance and were in your vehicle;</li> <li>You were the driver of someone else’s vehicle which was not insured;</li> <li>You were convicted of a DUI stemming from the accident;</li> <li>You were in the convicted of a felony, and injuries stem in part from the commission of this felony.</li> </ol> Exceptions to these categories include: <ol> <li>You were the driver of someone else’s vehicle that did not have insurance, but you had your own insurance that covered you while driving other vehicles;</li> <li>You were the driver of someone else’s vehicle that did not have insurance, but that vehicle was owned by your employer;</li> <li>You got into an accident on private property.</li> </ol> If Prop 213 applies, you are still entitled to economic damages, which include medical bill and lost wages. However, you will be prohibited from any recovery for noneconomic damages, which include pain and suffering/emotional distress. ANAND LAW PC will thoroughly investigate the insurance policies that may be applicable, the exceptions to Prop 213 (including those listed above), and ensure that no money is left on the table. The insurance companies have fought hard to prevent you from recovering what you deserve. We fight hard to combat this practice. <a href="tel:+13233253389">Call us today</a> – there is no obligation on your part – if we handle your matter, you will have the peace of mind knowing that we will obtain every penny possible for you. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BANKRUPTCY & REORGANIZATION" icon=""] BANKRUPTCY & REORGANIZATION [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ADVERSARY PROCEEDINGS" open="no"] An Adversary Proceeding ("AP") is a full federal lawsuit, that is connected to a bankruptcy case, and in other ways similar to a normal lawsuit with discovery, motions and trial. A Motion may be brought to request certain relief, and in other instances an AP is required. Rule 7001 Federal Rules of Bankruptcy Procedure ("FRBP") lists several categories which require an AP and can’t be brought by motion, and then there are exceptions to these categories. Anand Law handles APs on behalf of both Plaintiffs and Defendants, including but not limited to, suits related to fraud/misrepresentation, violations of lending laws, wrongful foreclosure, breach of fiduciary duty, and willful and malicious injury. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 11 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 11, you can remove fully unsecured liens from properties that are not your primary residence. Also, generally, you can 'cram down' undersecured liens from properties that are not your primary residence. 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be removed or crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I REMOVE LIENS FROM PROPERTY IN A CHAPTER 13 BANKRUPTCY?" open="no"] Yes. In general, in a Chapter 13, you can remove fully unsecured liens from your primary residence . Unsecured liens that may be removed include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle][fusion_toggle title="CAN I SELL PROPERTY WHILE IN BANKRUPTCY?" open="no"] Yes. However, Court approval may be required, disclosure to the Court is always required, and depending on a variety of factors, any money earned may need to be paid to creditors. [/fusion_toggle] [fusion_toggle title="CLAIM OBJECTIONS: WHEN & HOW" open="no"] Rule 3007 of the Federal Rules of Bankruptcy Procedure ("FRBP") requires an objection to be “filed and served at least 30 days before any scheduled hearing on the objection or any deadline for the claimant to request a hearing.” In addition to the FRBP, the Local Rules must also be complied with. The Local Bankruptcy Rules (LBR) also require 30 days notice. See LBR 3007-1(b). Each Judge also has their own so-called "Local Local Rules," and compliance with these is also required. An objection may be filed as a Motion or an Adversary Proceeding (“AP”), but compliance with other rules is required, and in certain instances an AP is required. One such instance is “a proceeding to determine the validity, priority, or extent of a lien or other interest in property” (see FRBP 7001(2)). [/fusion_toggle][fusion_toggle title="CRAM DOWNS" open="no"] 'Cramming down' refers to reducing the amount of the lien to the market value (i.e. removing the portion of the lien that is unsecured). Liens that may be crammed down include mortgage, HELOC (home equity line of credit), HOA (Homeowners' Association), and judgment. [/fusion_toggle] [fusion_toggle title="HOW WILL BANKRUPTCY AFFECT MY CREDIT SCORE?" open="no"] This depends on a variety of factors, including what your score currently is, what chapter you file for, and if you successfully complete your bankruptcy. While filing for bankruptcy may lower a credit score, it will not necessarily do so. In fact, if you already have a low credit score, filing can actually increase your score, especially after successful completion of a Chapter 13 or Chapter 11 bankruptcy plan in which you pay off some of your debt. Chapter 7 bankruptcy can also, in certain instances, increase a low credit score, after successful discharge. It is also important to know that you can always re-build your credit after bankruptcy, and ANAND LAW can guide you on how to do so. In order to understand the unpredictability of how bankruptcy may affect your credit score, it is helpful to understand how credit scores are calculated. CALCULATION OF YOUR CREDIT SCORE Credit bureaus (also known as “credit reporting agencies”) act an intermediary between consumers, businesses and lenders. The credit bureaus collect data from various sources, and then use this data to create your credit score. The bureaus use third-party companies, each who employ their own methodology, to calculate these scores. THE MAJOR CREDIT BUREAUS AND SCORING AGENCIES There are dozens of credit reporting agencies, but the three national agencies that a majority of lenders and businesses use are Experian, Equifax, and Transunion. Similarly, there are many credit scoring companies, but the two most common are FICO and VantageScore. Experian Equifax and Transunion came together to create VantageScore, and all continue to use them to generate credit scores. The credit scores are based on how the various data collected interacts with each other. There are approximately 220 million consumers that credit reports have been created for, and approximately 36 billion pieces of credit data utilized in credit reports every year to create the credit scores (source: VantageScore). The exact methodology used is complicated and uncertain, but factors include: payment history with lenders, banks, and credit card companies; amounts owed; length of delinquencies; length of accounts in good standing; and, types of credit being used. Scores from each bureau may differ for a variety of reasons, including the timing of the data provided. IMPROVING YOUR CREDIT SCORE Regardless of the credit bureau (e.g., Experian, Equifax, or Transunion), or the scoring agency (e.g., FICO or VantageScore), you can improve your credit score, no matter how bad it is, and no matter the reason for it being low (whether due to bad payment history, repossessions, judgments, liens, foreclosure, or other). In general, you can improve your credit score by using credit (e.g., through a credit card, line of credit, or loan), and paying bank all use of that credit on time. The longer you consistently pay on time, and the higher the amount of credit being used, the better your credit score will be. You can re-establish your credit even after repossessions, judgments, liens, or foreclosure by maintaining a pattern of using credit and repaying the lender timely. There are lenders willing to extend credit to nearly anyone, regardless of their score, and even lenders that extend credit to individuals in active bankruptcy proceedings. However, it is important to note that, in general, the lower your credit score, the more it will cost to obtain the credit (i.e., the higher interest rate you will receive)--this makes it even more critical that you pay on time. The bottom line is that it is not hopeless--with some patience and organization to manage your finances, you can re-establish and build your credit score. [/fusion_toggle] [fusion_toggle title="WHAT IF I MISS A PLAN PAYMENT (CHAPTER 13)?" open="no"] If due to lower income or other unforeseen circumstances that can be documented, the plan can be amended. If the plan is less than 60 months, it can be extended to allow for missed payments to be made up. [/fusion_toggle][fusion_toggle title="WHAT KIND OF PROPERTY CAN I KEEP IN A CHAPTER 7 BANKRUPTCY?" open="no"] Typically, debtors in a Chapter 7 bankruptcy are able to keep property that is exempt, fully encumbered with debt, and property that has no value or cannot be sold. Exempt property is property (up to a certain value) that a creditor cannot take. California has two sets of exemptions and the Bankruptcy Code also includes a set. Fully encumbered property is property that has liens or mortgages which are equal or greater to the value of the property. The trustee does not want this property because they will not make any money after selling the property and paying off the liens. You may keep this property as long as you are current on payments. If not, the creditor will take the property. [/fusion_toggle] [fusion_toggle title="WILL I BE ABLE TO GET CREDIT AFTER THE BANKRUPTCY?" open="no"] The fact that you have filed a bankruptcy will not prevent you from getting credit. While you should expect getting credit to be more difficult and expensive, there are actually many lenders that target people recently discharged from a bankruptcy since they have no other debt, are ready to establish their credit and they can’t file for bankruptcy any time soon.[/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="BUSINESS" icon=""] BUSINESS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="COOPERATIVES (CO-OPS)" open="no"] A COOPERATIVE is an organization of individuals or businesses (“members”) that provides services that the members need. The goal of a cooperative is to provide services to its own members at a lower cost, and more efficiently, than if third parties were used. Unlike a corporation, members of a cooperative share equal control and ownership (“one member, one vote”). Also unlike a corporation, a member’s interest in a cooperative is not saleable (however, an interest may be transferable, if allowed under the cooperatives articles of incorporation or bylaws). The U.S. Tax Court has divided cooperatives into two categories: consumer and producer. In consumer cooperatives, the members are consumers, and the cooperative offers products to benefit the members. In producer cooperatives, the members are producers, and the product the members make is processed or marketed by the cooperative. Cooperatives exists in many industries, including agricultural (e.g. Sunkist, Blue Diamond, Sun-Maid); utility (e.g. Palo Alto Park Mutual Water Company, Central Florida Electric Cooperative); housing; consumer goods (e.g. REI, ACE Hardware); education. Cooperatives can be established in nearly any industry, for any purpose, so long as they are organized and conduct business activities primarily for the benefit of its members, and not to make a profit. In California, the Consumer Cooperative Corporation Law, enacted in 1982, regulates entities which operate as cooperatives. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="COMMERCIAL REAL ESTATE TRANSACTIONS" icon=""] COMMERCIAL REAL ESTATE TRANSACTIONS [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="BASE YEAR" open="no"]When real estate taxes, insurance, and operating expenses (sometimes referred to as Common Area Maintenance, or CAM, charges) are passed on to tenants, the amount passed on is based on the increase in these expenses as compared to the Base Year (the initial rent already takes into account these charges). [/fusion_toggle] [fusion_toggle title="BUILDING OWNERS AND MANAGERS ASSOCIATION (BOMA)" open="no"]Organization of building owners and managers, engaged in lobbying and producing publications, including the BOMA standards. [/fusion_toggle] [fusion_toggle title="CAM EXPENSES / NET LEASES" open="no"]A Triple Net Lease passes on to tenants a portion of the (1) Real estate taxes; (2) Insurance; and, (3) Operating Expenses (sometimes referred to as Common Area Maintenance, or CAM, charges, but often include maintenance outside of just "common areas." Other variations are Double Net (typically no operating expenses are passed through), and a Gross Lease. Pass-throughs may be assessed at different times (per the lease), and often commercial leases will allow a landlord to retroactively apply assessed charges. Sometimes a landlord will not assess any charges for years, but then choose to. Negotiating the exact provisions is critical to predicting expenses and running a successful operation. The extent of rights to audit is also a negotiable and important issue. [/fusion_toggle] [fusion_toggle title="ESTOPPEL CERTIFICATES" open="no"] An Estoppel Certificate is a document typically used in performing due diligence prior to the purchase of tenant-occupied property. The purpose is for a lender and purchaser to have written confirmation from tenants of certain terms. Important amongst these are: the rental amount; security deposit; duration of lease; and, as discussed further below, a “subordination” clause. The subordination clause is used to confirm that the tenants have agreed, in their lease, that their interest is subordinate to future mortgages. Without such confirmation, the tenants’ leases have priority over mortgages that are subsequently obtained. Furthermore, only a tenant whose interest is subordinate to the mortgage can be evicted. A purchaser (and their lender) may be stuck with tenants for an indefinite period without the ability to earn market rental values. A tenant may be locked in for years, and potentially even forever—courts have upheld provisions giving the tenant the right to perpetual renewal of leases. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="GREY BOX vs. VANILLA BOX" open="no"]Refers to the buildout a landlord will deliver. a Grey Box includes the bare minimum: e.g. just walls, no HVAC, no wiring. A Vanilla Box may have: electrical wiring, flooring, dropped ceiling, HVAC and air ducts. What the Landlord has agreed to buildout is critical. Detailed plans and specifications are ideal. [/fusion_toggle] [fusion_toggle title="LIQUIDATED DAMAGES" open="no"] A LIQUIDATED DAMAGES CLAUSE in a contract specifies an amount of damages that party is entitled to for a particular breach of that agreement. The purpose is to streamline, or even deter litigation altogether by setting a fixed amount for the breach. They are very useful in eliminating unpredictability, and ultimately costs. However, there are several rules that must be followed, or the clause will be invalidated by a Court. First, the liquidated damages cannot be a penalty—the amount specified must be reasonable under the circumstances, and cannot be “designed to substantially exceed the damages suffered, and…to serve as a threat to compel compliance through the imposition of charges bearing little or no relationship to the amount of actual loss." Utility Consumers' Action Network, Inc. v. AT&T Broadband, 135 Cal. App. 4th 1023, 1029 (2006); Cal. Civ. Code § 1671(b). A guiding principle is that any number picked cannot be arbitrary, and instead must be based on a reasonable attempt at determining a fair amount of compensation for the breach. There are further rules if the clause is contained in a contract for the purchase or rental of personal property; a service used primarily for personal, family, or household purposes; or a residential lease. In those cases, a liquidated damages clause is allowed only when "it would be impracticable or extremely difficult to fix the actual damage." Cal. Civ. Code § 1671(c) and (d). Every situation is different, and should be evaluated by a qualified attorney. After all, if the clause unenforceable, it won’t save time, and may even ultimately cost more. It is always better to prevent problems before they occur, rather than waiting, and a well-crafted liquidated damages clause can be very effective in doing so. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="CONSUMER & PRIVACY" icon=""] CONSUMER & PRIVACY [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="HOW IS MY CREDIT SCORE CALCULATED, AND CAN I IMPROVE IT?" open="no"] Credit bureaus (also known as “credit reporting agencies”) act an intermediary between consumers, businesses and lenders. The credit bureaus collect data from various sources, and then use this data to create your credit score. The bureaus use third-party companies, each who employ their own methodology, to calculate these scores. THE MAJOR CREDIT BUREAUS AND SCORING AGENCIES There are dozens of credit reporting agencies, but the three national agencies that a majority of lenders and businesses use are Experian, Equifax, and Transunion. Similarly, there are many credit scoring companies, but the two most common are FICO and VantageScore. Experian Equifax and Transunion came together to create VantageScore, and all continue to use them to generate credit scores. The credit scores are based on how the various data collected interacts with each other. There are approximately 220 million consumers that credit reports have been created for, and approximately 36 billion pieces of credit data utilized in credit reports every year to create the credit scores (source: VantageScore). The exact methodology used is complicated and uncertain, but factors include: payment history with lenders, banks, and credit card companies; amounts owed; length of delinquencies; length of accounts in good standing; and, types of credit being used. Scores from each bureau may differ for a variety of reasons, including the timing of the data provided. IMPROVING YOUR CREDIT SCORE Regardless of the credit bureau (e.g., Experian, Equifax, or Transunion), or the scoring agency (e.g., FICO or VantageScore), you can improve your credit score, no matter how bad it is, and no matter the reason for it being low (whether due to bad payment history, repossessions, judgments, liens, foreclosure, or other). In general, you can improve your credit score by using credit (e.g., through a credit card, line of credit, or loan), and paying bank all use of that credit on time. The longer you consistently pay on time, and the higher the amount of credit being used, the better your credit score will be. You can re-establish your credit even after repossessions, judgments, liens, or foreclosure by maintaining a pattern of using credit and repaying the lender timely. There are lenders willing to extend credit to nearly anyone, regardless of their score, and even lenders that extend credit to individuals in active bankruptcy proceedings. However, it is important to note that, in general, the lower your credit score, the more it will cost to obtain the credit (i.e., the higher interest rate you will receive)--this makes it even more critical that you pay on time. The bottom line is that it is not hopeless--with some patience and organization to manage your finances, you can re-establish and build your credit score. [/fusion_toggle] [/fusion_accordion] [/fusion_tab][fusion_tab title="ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY" icon=""] ENTERTAINMENT, MEDIA & TECH / INTELLECTUAL PROPERTY (IP) [fusion_accordion divider_line="" class="" id=""] [fusion_toggle title="ASCAP / BMI / SESAC" open="no"] ASCAP / BMI / SESAC (American Society of Composers, Authors, and Publishers / Broadcast Music, Inc. / SESAC). The 3 U.S. “public performance organizations” (PROs). The PROs collect royalties on behalf of copyright owners of musical compositions for the public performance of their works. This includes the public performance of musical compositions on terrestrial radio (i.e., traditional AM/FM), and on digital radio (e.g., Pandora, iTunes, Spotify); and, in stores, amusement parks, malls, sports arenas, and concerts. A public performance royalty is owed to copyright owners when played over speakers, or performed live (if performed as a cover, a mechanical license is also needed). The PROs distribute royalties to the copyright owners of the musical composition, typically the publisher and songwriter(s). There is no public performance right in sound recordings, meaning that a singer/rapper that performs on a song, but is not a writer, does not receive any public performance royalty when their song is played on traditional radio. If the song is played on digital radio, the singer/rapper will get a royalty for the public performance of their sound recording, which is collected by SoundExchange.[/fusion_toggle] [fusion_toggle title="IMPLIED LICENSE" open="no"] An implied license does not require any actual agreement—it arises solely from conduct and serves to allow others to use your intellectual property (“IP”). There is no requirement that even a verbal understanding was reached. Rather, an implied license is a legal concept that is created solely by the actions of parties and does not require any intention to allow such use. The implied license originated as a concept in patent law, and was then adopted in copyright cases. It is now also applicable to the right of publicity. Generally, an implied license will be found where the following occurred: <ol> <li>At the request of a client</li> <li>An author creates a work</li> <li>Knowing the intended use by the client</li> <li>And provides the work to the client</li> </ol> For singers, producers, songwriters, and artists, an implied license will allow others to use your most valuable IP, copyrights and rights to publicity (e.g., voice, image, likeness), without any compensation, or without further compensation. Moreover, if a payment is found to have been made, the license will be nonrevocable. Not only can you license your IP without any agreement, unless you explicitly limit the extent to which your IP is licensed, a Court will find the contours of the license to be as broad as reasonably possible. In other words, unless there is evidence demonstrating that you limited the extent to which your IP may be used, an implied license will cover all uses reasonably anticipated, and without geographic limitation. It is critical that creators understand the situations under which you may be found to have transferred rights, and to avoid the implied licensing of your work by having thorough, written agreements in place. Without a written agreement, you may be giving your rights away without compensation, without adequate compensation, and without knowing the parameters of the license that you have given. There may be situations where it makes sense to work for a low amount or even for free—e.g., in order to build a reputation, make connections, learn and develop skills—but, this should not be done without careful consideration of the pros and cons of doing so in the context of your career, and you should never give away your IP without knowing that you’re doing so. Do it because you want and intend to, and because you are being fairly compensated in return (whether that compensation is monetary or otherwise). And always, know what your rights are, and what you can expect for allowing other to use them, whether that is a one-time “buy-out” payment, or it includes residual payments based on the performance of the product, or is an alternative arrangement. There are exceptions to the implied license doctrine, including fraud. See e.g., Garcia v. Google, Inc., 743 F.3d 1258, amended by Garcia v. Google, Inc., 766 F.3d 929 (9th Cir. 2014). However, you do not want to rely on exceptions, as this will mean spending a lot more money on attorneys battling out the legal nuances of your situation, whether in or out of court. The far better practice is to make sure that you consult with an attorney prior to creating and handing over your work. If you are an author, producer, actor, musician, singer, artist, set designer, etc., be sure to have an attorney review your situation and draft or review a written agreement. The money you spend in legal fees to prevent fixing a bad situation will be a fraction of what it costs to remedy that situation. © 2018 ANAND LAW PC [/fusion_toggle] [fusion_toggle title="IS AN IDEA PROTECTED BY COPYRIGHT LAW OR ANY OTHER LAW IN CALIFORNIA?" open="no"] A mere idea is not protected as property in California (Desny v. Wilder). However, a promise to pay for the conveyance of an idea may be implied by the law from the circumstances surrounding the acceptance of that idea (Burtis v. Universal Pictures Co.). In order to prevail on a breach of an implied-in-fact contract claim, it must be shown that the plaintiff not only conveyed an idea that was used by the defendant for a profit, but also that the idea was conveyed with the expectation that payment would be made if the idea were to be used. The plaintiff must show: <ol> <li>that he or she prepared the work;</li> <li>that he or she disclosed the work to the offeree for sale;</li> <li>under all circumstances attending disclosure it can be concluded that the offeree voluntarily accepted the disclosure knowing the conditions on which was tendered (i.e., the offeree must have the opportunity to reject the attempted disclosure if the conditions were unacceptable); and</li> <li>the reasonable value of the work. (Faris v. Enberg)</li> </ol> [/fusion_toggle] [fusion_toggle title="MECHANICAL LICENSE / MECHANICAL RATE" open="no"] Formerly administered by the Harry Fox Agency, now owned by SESAC.[/fusion_toggle] [fusion_toggle title="MUSICAL COMPOSITION " open="no"] A MUSICAL COMPOSITION includes the music, and any accompanying words (“lyrics”). The author of a musical composition is generally the composer and/or lyricist, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). A musical composition may be written (e.g. notes and lyrics), or in the form of a phonorecord (recording of the notes and lyrics). The owner(s) of the copyright to the musical composition may differ from the owner(s) of the copyright to the sound recording of that musical composition. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: sound recording.[/fusion_toggle] [fusion_toggle title="SOUNDEXCHANGE" open="no"] SOUNDEXCHANGE collects and distributes royalties on behalf of sound recording copyright owners, using statutory licenses. SoundExchange is designated by the Librarian of Congress as the sole organization authorized to collect royalties due for the digital transmission of sound recordings, whether the transmission is made via streaming or by making ephemeral phonorecords (i.e., where copyrighted work is reproduced, but only for a short period). Prior to 1996, there was no digital public performance right. Registration with SoundExchange does not necessarily eliminate the need for an artist/writer/producer to also affiliate with one of the PROs. Compare with: ASCAP, BMI, and SESAC, the 3 U.S. public performance organizations (PROs) that collect royalties on behalf of copyright owners of musical compositions or the public performance of their works in “traditional” avenues (i.e., non-digital). [/fusion_toggle] [fusion_toggle title="SOUND RECORDING" open="no"] A SOUND RECORDING is the permanent fixation of music, lyrics, and sound in any medium (e.g. digital, CD, vinyl). The author(s) of a sound recording are the perfomer(s) whose performance is fixed and/or the producer(s) who fix music and sounds in the final recording, although the owner may be different (e.g., by virtue of a “Work Made for Hire” agreement). The owner(s) of the copyright to the sound recording may differ from the owner(s) of the copyright to the musical composition that is being recorded. A copyright in one is not the same as, or a substitute for, a copyright in the other. Compare with: Musical Composition.[/fusion_toggle] [fusion_toggle title="WORK FOR HIRE" open="no"] Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made for hire” in two parts: A work prepared by an employee within the scope of his or her employment or A work specially ordered or commissioned for use <ol> <li>as a contribution to a collective work,</li> <li>as a part of a motion picture or other audiovisual work,</li> <li>as a translation,</li> <li>as a supplementary work,</li> <li>as a compilation,</li> <li>as an instructional text,</li> <li>as a test,</li> <li>as answer material for a test,</li> <li>as an atlas, or</li> <li>if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.[/fusion_toggle]</li> </ol> [/fusion_accordion] [/fusion_tab][fusion_tab title="MORTGAGE & FORECLOSURE" icon=""] MORTGAGE & FORECLOSURE [fusion_accordion divider_line="" class="" id=""][fusion_toggle title="MY LENDER OFFERED ME A TRIAL MODIFICATION WHICH WAS TO BECOME A PERMANENT MODIFICATION AFTERTHREE MONTHS OF PAYMENTS. I MADE ALL PAYMENTS AND THEY ARE NOW REFUSING TO GIVE ME A PERMANENT MODIFICATION. CAN THEY LEGALLY CHANGE THEIR MIND?" open="no"] If your lender stated they would permanently modify your mortgage payments if you made three trial modification payments on time, they must honor this promise. If you are facing this situation or one similar to it, you more than likely have a valid claim for breach of contract against your bank. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][fusion_toggle title="IS THERE A LIMIT ON THE INTEREST RATE A LENDER CAN CHARGE?" open="no"]In general, the limits are: <ul> <li>10% interest on a loan primarily for personal, family or household purposes;</li> <li>For loans that are not for for personal, family or household purposes, the higher of 10% or 5% over the amount charged by the Federal Reserve Bank of San Francisco on advances to member banks on the 25th day of the month before the loan (including loans to be used primarily for home improvement or home purchase).</li> </ul> There are, however, exceptions to these limits including the "broker-arranged" exception. <a href="http://oag.ca.gov/consumers/general/usury">Click here to view the Office of the Attorney General's web site for more information.</a> If you have been charged a usurious rate, you are entitled to all amounts you have paid in excess of the principal. Call Anand Law, PC today to discuss your rights with a qualified attorney - 323-325-3389. [/fusion_toggle][/fusion_accordion] [/fusion_tab][fusion_tab title="RESOURCES (LINKS)" icon=""] RESOURCES (LINKS) <ul> <li><a href="http://losangeles.blockshopper.com/">Blockshopper Los Angeles</a></li> <li><a href="http://www.dre.ca.gov/pub_referencebk.html">California Department of Real Esate Reference Book</a></li> <li><a href="http://www.cacb.uscourts.gov/">Central District of California Bankrutpcy Court</a></li> <li><a href="https://www.copyright.gov">Copyright Office</a></li> <li><a href="https://www.crb.gov/">Copyright Royalty Board</a></li> <li><a href="https://bklawyers.org/">Central District Consumer Bankruptcy Attorney Association</a></li> <li><a href="http://www.entertainmentlawreporter.com/">Entertainment Law Reporter</a></li> <li><a href="http://ladbs.org/our-organization/people/bbsc">Los Angeles Board of Building and Safety Commissioners</a></li> <li><a href="http://ladbs.org/">Los Angeles Department of Building and Safety</a></li> <li><a href="http://www.lasuperiorcourt.org/">Los Angeles Superior Court</a></li> <li><a href="https://www.justice.gov/ust/means-testing">Means Testing (required for most individual bankrutpcy filers): Census Bureau, IRS Data and Administrative Expenses Multipliers</a></li> <li><a href="http://www.mersinc.org/">MERS</a></li> <li><a href="https://www.nacba.org/">National Association of Consumer Bankruptcy Attorneys</a></li> <li><a href="http://lahd.lacity.org/lahdinternet/RSO/tabid/263/language/en-US/Default.aspx">Rent Stabilization Ordinance (RSO)</a></li> <li><a href="https://en.wikipedia.org/wiki/Cancellation_of_Debt_%28COD%29_Income">Taxes on Cancellation of Debt (COD) Income from Short Sales</a></li> <li><a href="http://tsdr.uspto.gov/">Trademark Applications and Registrations Retrieval (TARR)</a></li> <li><a href="https://www.uspto.gov/">United States Patent and Trademark Office</a></li> </ul> [/fusion_tab][/fusion_tabs][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="" bottom_margin="" border_size="35" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container hundred_percent="no" hundred_percent_height="no" hundred_percent_height_scroll="no" hundred_percent_height_center_content="yes" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_size="" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="" padding_right="" padding_bottom="" padding_left=""][fusion_builder_row][fusion_builder_column type="1_6" layout="1_6" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][/fusion_builder_column][fusion_builder_column type="2_3" layout="2_3" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="top" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_text] <h2 style="text-align: center;">Schedule a consultation.</h2> [/fusion_text][fusion_button link="tel:+13233253389" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="fa-phone" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CALL US[/fusion_button][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_button link="http://www.anandlaw.com/contact-us/" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CONTACT US ONLINE[/fusion_button][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="bottom" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][/fusion_builder_column][fusion_builder_column type="1_6" layout="1_6" spacing="" center_content="no" link="" target="_self" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" hover_type="none" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" dimension_margin="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
CHAPTER 13 BANKRUPTCY (THE REPAYMENT PLAN)
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" size="1" content_align="center" style_type="default" sep_color=""] CHAPTER 13 BANKRUPTCY [/fusion_title][fusion_text] (ADJUSTMENT OF DEBTS OF INDIVIDUAL WITH REGULAR INCOME a/k/a THE REPAYMENT PLAN) [/fusion_text][/fusion_builder_column][fusion_builder_column type="2_3" layout="2_3" last="no" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_text] <h2 style="color: #002c53;">BANKRUPTCY IS A FUNDAMENTAL RIGHT THAT IS GUARANTEED UNDER THE CONSTITUTION.</h2> A few unfortunate events can lead to a cycle of debt which quickly becomes impossible to overcome. The law offers a solution by providing a way for you to eliminate some or all of your debt. Designed to provide honest but unfortunate debtors a “fresh start,” the Chapter 13 can allow you to reorganize for your financial future, and halt bill collectors, wage garnishments and lawsuits to give you the breathing room necessary to do so. <h2 style="color: #002c53;">THE CHAPTER 13 REPAYMENT PLAN</h2> If you qualify, a Chapter 13 will allow you to retain your home while paying off a percentage of your unsecured debts. You will be required to make monthly "plan" payments to the Bankruptcy Trustee. The Bankruptcy Trustee then pays your creditors. The plan payments will need to be made for three to five years, after which time you will owe nothing to your pre-filing unsecured creditors. ANAND LAW can devise an economically feasible plan which will allow you to retain your home and pay off unsecured debtors at an affordable rate. <h2 style="color: #002c53;">FORECLOSURES AND CHAPTER 13 BANKRUPTCY</h2> If you are facing foreclosure, filing for Chapter 13 bankruptcy may allow you to save your home. ANAND LAW can navigate the bankruptcy and real estate laws in order to allow you to halt foreclosure and make reasonable payments to continue living in your home. <h2 style="color: #002c53;">REMOVING LIENS IN CHAPTER 13 BANKRUPTCY</h2> In a Chapter 13 bankruptcy, you can remove fully unsecured liens from your primary residence. This includes junior mortgages (including HELOC), HOA, tax, and judgment liens. <h2 style="color: #002c53;">CHAPTER 13 VS. CHAPTER 11</h2> If you have over $1,184,200 in secured debt, you are not eligible for a Chapter 13, but you can still reorganize your financial situation with a <a class="anker-class" href="http://www.anandlaw.com/bankruptcy/chapter11/">Chapter 11</a>. A <a class="anker-class" href="http://www.anandlaw.com/bankruptcy/chapter11/">Chapter 11</a> can be used to prevent foreclosure, retain multiple properties, and remove liens and "cram down" mortgages (i.e. reduce the mortgage to the market value of the property). Anand Law can evaluate your situation and determine what is best for you. <a class="anker-class" href="http://www.anandlaw.com/bankruptcy/chapter11/">Click here for more information on Chapter 11 bankruptcy</a>. <h2 style="color: #002c53;">ANAND LAW HAS SUCCESSFULLY:</h2> <ul> <li> <h3 style="color: #002c53;">SAVED HOMES FROM FORECLOSURE</h3> </li> <li> <h3 style="color: #002c53;">REMOVED MORTGAGE AND HELOC (HOME EQUITY LINE OF CREDIT) LIENS</h3> </li> <li> <h3 style="color: #002c53;">REMOVED HOA (HOMEOWNERS' ASSOCIATION) LIENS</h3> </li> </ul> [/fusion_text][/fusion_builder_column][fusion_builder_column type="1_3" layout="1_3" last="yes" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_imageframe lightbox="no" gallery_id="" lightbox_image="" style_type="none" hover_type="none" bordercolor="" bordersize="0px" borderradius="0" stylecolor="" align="center" link="" linktarget="_self" animation_type="0" animation_direction="down" animation_speed="0.1" animation_offset="" hide_on_mobile="no" class="" id=""] <img src="http://www.anandlaw.com/wp-content/uploads/2017/11/Bankruptcy_Chapter_13-Foreclosure_Mortgage_Litigation-300x199.jpg" alt="" />[/fusion_imageframe][fusion_separator style_type="none" top_margin="20px" bottom_margin="" sep_color="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" class="" id="" /][fusion_widget_area name="avada-slidingbar-widget-1" background_color="" padding_top="" padding_right="" padding_bottom="" padding_left="" class="" id="" /][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="50px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][/fusion_builder_column][fusion_builder_column type="3_4" layout="3_4" last="no" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="top" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_text] <h2 style="text-align: center;">Click below to schedule a consultation.</h2> [/fusion_text][fusion_button link="tel:+13233253389" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="fa-phone" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CALL US[/fusion_button][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_button link="http://www.anandlaw.com/contact-us/" title="" target="_self" link_attributes="" alignment="center" modal="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" color="custom" button_gradient_top_color="" button_gradient_bottom_color="" button_gradient_top_color_hover="#ffffff" button_gradient_bottom_color_hover="#ffffff" accent_color="" accent_hover_color="#002c53" type="" bevel_color="" border_width="" size="" stretch="default" shape="pill" icon="" icon_position="left" icon_divider="no" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""]CONTACT US ONLINE[/fusion_button][fusion_section_separator divider_type="slant" divider_position="right" divider_candy="bottom" icon="" icon_color="" bordersize="" bordercolor="" backgroundcolor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" /][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="50px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_tagline_box backgroundcolor="" shadow="no" shadowopacity="0.7" border="1" bordercolor="#002c53" highlightposition="none" content_alignment="center" link="" button="" linktarget="_blank" modal="" button_size="medium" button_type="" button_shape="pill" buttoncolor="default" title="" description="" margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset=""] <h3 style="color: #002c53;"><a class="anker-class" href="http://www.anandlaw.com/falqs/#tab-4b5b872312be1173c26" rel="noopener">BANKRUPTCY FREQUENTLY ASKED QUESTIONS</a></h3> [/fusion_tagline_box][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="35px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
CHAPTER 7
[fusion_builder_container background_color="" background_image="" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_repeat="no-repeat" background_position="left top" video_url="" video_aspect_ratio="16:9" video_webm="" video_mp4="" video_ogv="" video_preview_image="" overlay_color="" video_mute="yes" video_loop="yes" fade="no" border_size="0px" border_color="" border_style="" padding_top="20" padding_bottom="20" padding_left="" padding_right="" hundred_percent="no" equal_height_columns="no" hide_on_mobile="no" menu_anchor="" class="" id=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none" last="no" hover_type="none" link="" border_position="all"][fusion_title margin_top="" margin_bottom="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" size="1" content_align="center" style_type="default" sep_color=""] CHAPTER 7 BANKRUPTCY (LIQUIDATION) [/fusion_title][/fusion_builder_column][fusion_builder_column type="2_3" layout="2_3" last="no" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_text] <h2 style="color: #002c53;">BANKRUPTCY IS A FUNDAMENTAL RIGHT THAT IS GUARANTEED UNDER THE CONSTITUTION.</h2> If you are caught in an endless cycle of debt, it is not your fault. Exorbitant interest rates on credit cards, medical bills and job loss are a few of the many reasons that cause financial hardship and can happen to anyone. A few unfortunate events can lead to a cycle of debt which quickly becomes impossible to overcome. But, you do not have to continue to drown in debt. The law offers a solution by providing a way for you to eliminate some or all of your debt. Designed to provide honest but unfortunate debtors a “fresh start”, bankruptcy protection is a powerful tool which can allow you to clear insurmountable debt and begin rebuilding your credit. <h2 style="color: #002c53;">THE CHAPTER 7 LIQUIDATION PROCESS</h2> Chapter 7 is the most common type of bankruptcy filing for individual debtors and is titled “Liquidation”. Liquidation means that property will be sold in order to pay back creditors. However, property will not be sold if: <ul> <li>It has no value and cannot readily (easily) be sold on the open market;</li> <li>It is exempt (this is typically determined by state law although federal law is also applicable), or</li> <li>It is fully or over-mortgaged</li> </ul> If property does not fall into one of the above three categories, it will be sold by the U.S. Trustee. Typically, chapter 7 cases are “no asset” cases, meaning the debtor(s) has/have no property which will be sold. There are various reasons property is not sold. Real property (e.g. your home) is often fully or over mortgaged. The trustee will not sell this property because there will be no money from the sale with which to pay off creditors. Where there is equity, the property can often be claimed as exempt. State law provides for various exemptions which allows for people to keep property if they were sued in State court. In California, there are two sets of exemptions (State and Federal) and it is important to find a law firm which can help you best choose the best set for your situation. Personal property is typically not sold because it has little or no value. Household goods, pets, pictures, and costume jewelry are all items which are highly unlikely to be sold. <h2 style="color: #002c53;">MOST DEBTS ELIMINATED COMPLETELY</h2> A Chapter 7 bankruptcy allows debtors to eliminate (“discharge”) most debts. This means that you will no longer be obligated to pay, and creditors will no longer have the rights to enforce, these debts. There are three notable exceptions to debts which are discharged in a Chapter 7 bankruptcy: <ol> <li> Non-dischargeable debts. These are debts that Congress had determined cannot be affected by bankruptcy filings. You will be obligated to pay, and creditors will retain rights to enforce, these debts after the bankruptcy. Here is a partial list of the most common non-dischargeable debts: <ul> <li>Most, but not all taxes</li> <li>Child, spousal and family support debts</li> <li>Non-support debts which are related to a divorce or separation</li> <li>Most, but not all student loans</li> <li>Damages caused by driving, flying or boating under the influence</li> <li>Debts related to false statements (such as loan applications) or fraud</li> <li>Damages caused by intentional injuries</li> </ul> </li> <li> Debts which are reaffirmed. Bankruptcy allows for certain debts (e.g. car loans or loans from family members) to be “reaffirmed”. Reaffirmation is a process whereby you can agree to continue being responsible for a debt which would be otherwise discharged by the bankruptcy. Choosing to reaffirm a debt is complete voluntary, although payments will likely need to be made in order to retain property post-bankruptcy even if the debt is not reaffirmed (e.g., if you have a car loan and do not reaffirm the debt, you would likely need to make payments post-bankruptcy or the lender will seize the car). </li> <li> Secured debts. These are debts which are secured to property such as your home or car. While the debt is technically eliminated through bankruptcy, payments to the lender will be required in order to retain the property post-bankruptcy. Compliance with the bankruptcy court’s requests for information and financial records is essential to one’s ability to discharge debts. If the court finds a debtor to be non-cooperative, discharge may be denied. </li> </ol> <h2 style="color: #002c53;">FILING PROVIDES BREATHING ROOM FROM HARASSING CREDITOR COLLECTIONS</h2> Filing for bankruptcy will immediately stop all collections, wage garnishments and lawsuits. Upon filing, an automatic court order is entered which places into effect the “automatic stay”. The automatic stay prevents creditors from collecting on a debt in any manner—that is, they may not call, write, e-mail or in any other way contact you or any other person to collect on any debt. <h2 style="color: #002c53;">THE MEANS TEST</h2> In 2005, the credit industry convinced Congress that too many people who could pay their debts were filing for bankruptcy instead of doing so. The result was the requirement that debtors pass the “Means Test”. If your household earns less than the average household of your size in your area, then the Means Test does not apply. If your household earns more than this average, the Means Test must be performed. The Test essentially compares your household’s income and expenditures with standards set by the IRS. If the Means Test is not passed, a presumption arises that you can pay back your debts. However, the inquiry does not end there and special circumstances can convince a judge that you qualify for bankruptcy despite the presumption. [/fusion_text][/fusion_builder_column][fusion_builder_column type="1_3" layout="1_3" last="yes" spacing="yes" center_content="no" hide_on_mobile="no" background_color="" background_image="" background_repeat="no-repeat" background_position="left top" hover_type="none" link="" border_position="all" border_size="0px" border_color="" border_style="" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="" animation_speed="0.1" animation_offset="" class="" id="" min_height=""][fusion_imageframe lightbox="no" gallery_id="" lightbox_image="" style_type="none" hover_type="none" bordercolor="" bordersize="0px" borderradius="0" stylecolor="" align="center" link="" linktarget="_self" animation_type="0" animation_direction="down" animation_speed="0.1" animation_offset="" hide_on_mobile="no" class="" id=""] <img src="http://www.anandlaw.com/wp-content/uploads/2017/12/Bankruptcy_Chapter_7-300x200.jpg" alt="" />[/fusion_imageframe][fusion_separator style_type="none" top_margin="20px" bottom_margin="" sep_color="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" class="" id="" /][fusion_widget_area name="avada-slidingbar-widget-1" background_color="" padding_top="" padding_right="" padding_bottom="" padding_left="" class="" id="" /][fusion_separator style_type="none" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" sep_color="" top_margin="1200px" bottom_margin="" border_size="" icon="" icon_circle="" icon_circle_color="" width="" alignment="center" /][fusion_tagline_box backgroundcolor="" shadow="no" shadowopacity="0.7" border="1" bordercolor="#002c53" highlightposition="none" content_alignment="center" link="" button="" linktarget="_blank" modal="" button_size="medium" button_type="" button_shape="pill" buttoncolor="default" title="" description="" margin_top="" margin_bottom="" 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