Toys R Us Bankruptcy

With the ever-growing popularity of online shopping, it is a wonder that so many brick and mortar stores are still up and running. The days of running out to the store to grab the latest and greatest item are almost completely a thing of the past, and many retailers are feeling the strain. Now another kid’s retailer has taken a hit with the recent Toys R Us bankruptcy.

Toys R Us announced that it filed for Chapter 11 bankruptcy protection on September 18th, 2017. This filing will help the toy retailer relieve itself of debt left over from the $6.6 billion acquisition by Bain Capital Partners back in 2005. At the time, that deal was valued at $6.6 billion. Since the acquisition, the toy giant has accumulated $4.9 billion in debt with $400 million having interest payments due in 2018 and a total of $1.7 billion that is due in 2019.

It seems that the acquisition of Toys R Us had more to do with the value of the real estate. The deal came a year after K-Mart and Sears merged based on the idea that combining the real estate value of both stores would help to strengthen both.

Toys R Us now joins Payless ShoeSource and Gymboree, which are among the retailers that have also filed for bankruptcy over the past two years. This bankruptcy protection filing comes after other private equity-backed retailers closed up some of their locations earlier this year.

Toys R Us currently has 1,600 stores open around the world (including Babies R Us locations). The stores will continue to operate as usual, but the company's operations outside of the US and Canada are not a part of these protection proceedings. What will happen with these locations remains to be seen. However, the company did say that it also intends to seek protection in parallel proceedings for Canada as well.

The company also said that it has already received a commitment from some lenders for a total of over $3 billion in debtor-in-possession financing. This is still subject to court approval, but Toys R Us “is expected to immediately improve the Company's financial health and support its ongoing operations during the court-supervised process.”

If this lender help goes through, where does that leave the company? It will focus on restructuring its debt, allowing the financial flexibility to continue a turnaround. These initiatives will include improving its website and revamping the Babies R Us business. It plans to put a bigger focus on items that are less likely than diapers and blankets to be sold on Amazon, like cribs.

The Toys R Us bankruptcy protection also allows the retailer the ability to manage the upcoming holiday season and give some clear long-term plans to the vendors like Hasbro and Mattel.

“Today marks the dawn of a new era at Toys “R” Us, where we expect that the financial constraints that have held us back will be addressed in a lasting and effective way,” CEO Dave Brandon stated. He also went on to say that, “We are confident that these are the right steps to ensure that the iconic Toys'R'Us and Babies'R'Us brands live on for many generations.”

We have seen over the past year or two that many retailers are getting out from under the real estate footprint and finding that the fast-growing market is online. Relying completely on brick and mortar stores is out of sync with the everyday shopper, as fewer and fewer people head into the mall and instead log in to the store. You can read more about this “Retail Apocalypse” on Dan Higson’s blog here.

Is Bankruptcy Your Best Option? Bankruptcy Chapter 7

Is Bankruptcy Your Best Option? Bankruptcy Chapter 7

Bankruptcy Chapter 7

Deciding whether or not to file for bankruptcy for your debt is a hard choice to face. In some situations, it may seem like the only way out of debt. Filing Chapter 7 bankruptcy will improve short-term quality of life, but it can also damage your future credit as well as your reputation. There are both good and bad outcomes when you file. Filing this chapter of bankruptcy provides for liquidation of nonexempt property and distribution of goods to debtors. Let’s go over the good and the bad results of Chapter 7 bankruptcy in more detail:

The Bad Outcomes or “Cons” of Bankruptcy Chapter 7

Here are some of the downsides of filing for Chapter 7 bankruptcy:

If you do file Chapter 7 bankruptcy, it will stay on your credit score for some time. It can remain on your credit report for up to a total of 10 years. This may make it harder to get approval for anything from a car purchase to a small bank loan.

You can lose property that you own that is not protected by bankruptcy exemptions, and that property could be sold by the bankruptcy trustee. You may also lose your luxury possessions if not protected by an available exemption.

You may lose all of your existing credit cards.

Filing for Chapter 7 bankruptcy may make it more difficult to get a mortgage if you do not already have one.

Making the decision to declare bankruptcy right now might make it harder to do so later should something worse come along. Example: If you complete a filing for Chapter 7 bankruptcy, you cannot declare Chapter 7 again for eight years. This eight-year countdown begins from the date you last filed.

Bankruptcy filing will not relieve you of your responsibility to pay alimony and/or child support.

Filing Chapter 7 bankruptcy will not eliminate most of your student loan debt.

You may still be obligated to pay some of your debts, such a mortgage lien, even after your bankruptcy proceedings have been completed.

If you file Chapter 7 bankruptcy for relief but have an excess of income at your disposal, the court may request you to convert your case from a Chapter 7 to a Chapter 13. Doing this would change your plan to be free from most debts within four to eight months to a plan that would require you to repay your debts over the course of three to five years.

The Good Outcomes or “Pros” of Bankruptcy Chapter 7

Now let’s go over some of the benefits of filing for Chapter 7 bankruptcy:

Even though a bankruptcy stays on your credit for years, the time to complete the process under Chapter 7 bankruptcy usually takes only 3-6 months. If you decide against filing for Chapter 7 bankruptcy when necessary, it could lead to missed debt payments, defaults, and lawsuits hurting your credit further. This situation may be more complicated to explain to a future lender than bankruptcy.

Most states have generous exemptions that allow you to keep a lot of what you own. Sometimes the exemptions allow more coverage to keep your property than you actually need. You also get to keep the salary you earn and the property you buy after you file Chapter 7 bankruptcy.

You might also be able to get new lines of credit within a time frame of one to three years after filing bankruptcy, but it may be credit with a higher interest rate.

There are lenders out there that specialize in lending to bad risks. This may seem like an unfair tag to put on someone who has taken a step in solving financial issues, but you can use one of these lenders if you need to.

Yes, you can only file Chapter 7 bankruptcy once every eight years, but you can always file a Chapter 13 if another issue hits you before that eight years is up. You can file a Chapter 13 four years after filing a Chapter 7.

Filing for bankruptcy will get rid of many of your financial obligations, including some Internal Revenue and Franchise Tax Board debt. However, keep in mind that only a family court order can suspend alimony or child support responsibilities.

If you have filed for bankruptcy, it will prevent your lenders from aggressive collection, meaning the daily phone calls will cease and the letters will stop arriving in the mail.

If you received a Chapter 13 discharge in good faith after paying at least 70% of your unsecured debt, the eight-year bar to file a Chapter 7 does not apply.

If you do not owe money on any type of debts that survive your bankruptcy, the amount as well as the number of debts that a bankruptcy court can relive you from paying can be unlimited.

Filing for Chapter 7 bankruptcy does not require that you need to have debts of any certain amount in order to file for relief. If even your case gets converted to Chapter 13, it can still improve your finances by giving you more time to pay off your debts. With Chapter 13, you get to keep all of your property as well.

Sometimes the best advice a bankruptcy attorney can give a client is not to file a bankruptcy. So be careful when hiring a bankruptcy lawyer who boasts about how many bankruptcy cases he or she files and/or ignores other possibilities for your situation.

Looking into bankruptcy options comes with many considerations, and you will need to look at every consequence to decide what is best for you and your assets. You should contact an experienced attorney to discuss your situation and learn more about how the bankruptcy laws can help you in your financial troubles. If you have more questions for bankruptcy in the state of California, check out Dan Higson’s Chapter 7 bankruptcy page or contact the Law Firm of Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez today!

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

California Dog Owner Liability

Imagine that you are out walking along the beach with your pup, when a jogger runs up beside you and your dog gets spooked. Your normally calm dog leaps out and snips at the ankle of the jogger. What happens now? In this blog, we will go over a few things you need to know about dog owner liability in California. From the state’s statute of limitations to the defenses a dog owner may use if faced with a claim, it’s good to know the legal basics when you own a dog.

California's Statute of Limitations for Dog Bites

Each state has its own statute of limitations governing the time period you have in which to file a claim for personal injury in civil court. For the state of California, that statute of limitations is two years. Since a dog bite is considered a personal injury, the injured party has a time frame of two years after the incident with the dog occurs to file a claim. If the claim is filed after two years, your case will likely not be heard.

California Dog Bite Statute

The California state civil code says that the owner of any dog is liable if:

• Damages were caused by a dog bite; and
• The injured person was in a public place; or
• The injured person was lawfully on private property.

This statute does create an exception, however, for those who are injured by a dog while said dog is carrying out police or military work. In order for California's dog bite statute to apply, the injury must have occurred from a dog bite rather than from some other action of the dog.

Let’s look closer at the rules surrounding non-bite injuries caused by dogs. Just because an injury wasn't caused by a dog bite, does not mean you are off the hook as the dog’s owner. For example, maybe your dog caused an injury after it jumped up and scratched another person. Under these circumstance, there are California negligence rules that could allow the injured party to say that you, as the dog’s owner, failed to take reasonable steps to secure the dog from jumping on the other person.

While most dog owners are civilly liable for injuries caused by their pups, there are situations where more severe criminal charges could be filed. If you fail to give your contact information to someone who you know was bitten by your dog, or if you fail to restrain a dog known to attack or trained to fight and it bites someone causing serious injury or death, you could be at risk for legal consequences. These are rare cases if you are a responsible dog owner, but beware that criminal consequences can arise under certain circumstances.

Strict Liability State

When are you legally liable for your dog’s conduct? Each state will handle the liability of a dog bite differently. Some states are “negligence-only” states, while most are “strict liability” states. California is one of the states that falls under the strict liability ruling. This means that a dog owner cannot claim that he/she had no idea the dog would act out in an aggressive way as a way to get out of liability for the harm caused by the dog. Dog owners are held liable even if the dog has never bitten before or shown any hint of aggression in the past.

On the flip side, if you are the person who was bitten by a dog, under this strict liability rule, you only have to show that you were out in a public place or lawfully on private property when the bite occurred in order to file a claim. You do not have to prove that the owner knew the dog would bite or did not take proper steps to prevent the bite from occurring.But, in situations where the injury occurred from something other than a bite, the claimant will have to show that the owner was negligent in supervising their dog such that it led to the injury complained of.

Defenses Against Dog Bite Liability

The most obvious defense against a personal injury dog bite claim would be that the injured person was trespassing on private property. Remember, California requires that the injured person prove they were in a public place or lawfully on private property when the incident occurred. If the injured person was trespassing on private property, they would be unable to establish liability.

Military and government agencies also have two possible defenses. First, there is no liability if the dog was carrying out its duties as a military or police dog when the bite occurred, or if the person provoked the dog to attack. These defenses only apply if the dog was carrying out specific duties its job, and there is specific paperwork that is filled out by the police and military when incidents like this occur with their working dogs.

Overall, it’s important to be a responsible pet owner and make sure your dog is secure while in public. Owners should also make sure that those around them are aware that the dog is present and warn them not to approach it if the owners think an incident might occur. It’s easy to enjoy your pet while also being aware of and avoid the circumstances that could upset or provoke your dog into injuring someone.

Need more information on dog bite laws in California? Check out Dan Higson’s page here. If you need legal help for a personal injury claim, including for dog bites, contact the Law Firm of Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez.

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

Managing Money In Old Age

As people get older and ease into retirement, there are always finances looming overhead. It is also crucial to update your estate plan at this time, or establish one if you have yet to do so. What do you need to do to manage your finances most effectively for retirement, and when do you need to start thinking about it? Here are a few ideas that will help you manage your money in the best way possible as you get older.

Keep it Simple

Take a long hard look at all of your financial accounts. Ask yourself if you still need each account or if it is something that you can roll into another account or get rid of completely. A good example of this is if you have old 401Ks from several different employers. Rolling them into a Roth IRA or a traditional IRA could be a good option. Keeping things like this on one taxable account instead of several will help make your finances easier. This will reduce mistakes on your financial and tax papers.

There may be some cases where you need an extra account. For example, you might want to keep an emergency fund or investment for your kids separate. This is fine, as long as you keep in mind that it will make your finances a little more complex.

To further help you simplify, set up direct deposit for regular income, such as social security checks, to go into your bank account. Not only will this keep you from needing to go to the bank as often, but it will ensure that your money gets where it needs to go with less chance of human error.

The fewer investment accounts and bank accounts you have open, the less likely you are to be a target for fraud. It will also be easier to detect if you are a victim of fraud if you only have a few accounts to oversee. You need to make a master list of all your accounts once you have them in order. In the event someone has to help you with your finances, or you no longer have the capacity to handle them yourself, a master list will be very helpful.

A Helping Hand

Once you have all of your accounts simplified, you may want to consider finding someone you can trust to help you with your finances. The first step is to make sure your spouse is involved and you are both on the same page. Is there another family member or friend you trust? You can also hire a financial advisor if you want to steer clear of extra family involvement. Getting an extra person involved in your finances does not mean you need to turn total control over, it is just an extra set of eyes to make sure there is no suspicious activity. It also helps this person understand how you run and control your finances should the time come where they need to fully take over the responsibility.

Some families prefer the option of hiring a money manager so that they can spend time with their family members and enjoy their company while not stressing over the finances. If you decide to use an outside person’s help, you need to make sure they are qualified in money managing and finances. There is no regulation on this, so you need to do your research before giving out all of your information. The American Association of Daily Money Managers offers certification for money managers that requires a criminal background check and a written exam. You can go to the website and search for money managers that have this certification before making a final decision.

Estate Plan Ahead

There are several steps to take as you plan ahead for your finances. The idea is to plan all of this out well before you are incapable of managing your own finances. While planning for the worst may be a hard thing to do, it is necessary for everyone as they get older. A good place to start is by setting up a durable power of attorney.

Have a durable power of attorney written up with a person that you trust. As you continue forward with your plans, your trusted person will have full control over your finances should you become incapacitated or otherwise incapable of handling it on your own. While you still retain full capacity to make decisions, this type of power of attorney lets you change your agent or revoke the document entirely whenever you wish.

There are many other steps to take for proper estate planning. Check out our other blog here that goes over the most important documents required for a good estate plan in California.

If your finances are placed in the wrong hands, this could lead to abuse of your estate. It is best to consult an attorney that is well studied in elder law as you write up the durable power of attorney, so you can make sure you are safe from exploitation. The National Academy of Elder Law Attorneys is a great website to visit to find a specialized attorney within your area. If you need help with your estate planning in the Ventura County area of California, contact the Law Firm of Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez. We have handled thousands of estate plans, and we know how to help set up your documentation and keep them safe.

Final Expenses

Having a will and testament is very important for any estate plan. Your will makes it so that there is no question within the family about how your financial assets will be handled when the time comes. It is possible to write this up yourself, but it’s better to have an attorney help. That way, you can make sure there are no unanswered questions and your wishes are carried out just the way you want them. If you’re interested, you can check out this blog to find out what happens when someone dies without a will in California.

Make sure to set up accounts for your long-term care and funeral costs. This could be a specific savings account that you deposit into, or it could be something built into your life insurance policy. Having this in place lessens the burden for you and your family.

Simplifying your accounts and getting all your finances and estate planning documents in place makes your elder years more enjoyable for you and your family. While at first it can seem scary and confusing, just imagine how much worse it would be to sort it all out when you are no longer able to do so on your own and your family would have to get involved. If in doubt, don’t hesitate to find financial and legal assistance to make sure that everything is correct and exactly how you want it. Proper estate planning is key, and the sooner you start to simplify, the better.

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

Retail Apocalypse: Retail Stores Closing and Filing for Bankruptcy

With the shift of a lot of shopping going to the Internet, retail chains are struggling. Many have recently filed for Chapter 11 bankruptcy, and there are an unprecedented number of retail stores closing across the U.S. It’s easier to log onto a website and shop than it is to go into a store and look around. There is more convenience in online shopping. You can be comfortable at home, and they are more likely to have the style and size you are looking for. So how will any of these retailers hang on to their in-store customers? How will they survive the online shopping boom? Some of them wont, and we are going to take a closer look at this problem.

Stores Aimed at Teenage Shoppers

Many of the recent struggling retailers are those like Wet Seal and The Limited. These brands are targeted at teens and are an in-the-moment brand. Young shoppers won’t have an extended loyalty to these stores as they get older. Over the course of two years, Wet Seal had a staggering loss of $150 million. The company filed Chapter 11 bankruptcy and closed more than 330 stores nationwide in 2015. In January of 2017, The Limited’s women’s chain also took a hit from online shopping, closing all 250 of its remaining stores. In February, Wet Seal filed for bankruptcy again and also closed the rest of its stores.

Abercrombie and Fitch has also been hurt by these in-the-moment shoppers, with fast fashion stores like H&M coming out on top. The chain had to close 60 stores at the beginning of 2017. To keep customers coming, A&F took a new approach with more customer engagement. By creating a fashion runway with mannequins in the middle of the store and allowing customers to change the lighting in the dressing rooms, A&F are hoping to keep the customers coming. This is a new fast way of customer engagement, and in the instant gratification shopping age, this idea just might work.

Major Retail Chains

Retailers aimed at teen shoppers are not the only stores feeling the effects of online sales. JC Penney, once the go-to retailer for middle America, plans on closing 150-300 stores nationwide in 2017. Under a former executive for Home Depot, Marvin Ellison, it appears the retailer most known for apparel sales is attempting to broaden its appeal. Imitating stores like Sears, Roebuck & Company, JC Penney is opening more showroom stores for appliances, custom blinds, and flooring options. This may be one way to keep the retailer going as they try to maintain fewer retail stores and build up a home improvement side to the business. Only time will tell if this works.

Sears was one of the first retailers to feel the pull of online shopping starting a over a decade ago. Sears and its sister discount store, Kmart, closed 130 stores in 2016 and are set to close an additional 150 this year. Kmart has a history of financial struggle. It emerged from bankruptcy protection in 2003, and merged with Sears around that time. It will be interesting to see if retailers that are going a new route, like JCP, will hurt Sears even more as they increase in overlap.

American retail icon Macy's is also set to take a punch from online shopping this year as it is geared to close 100 stores. It is also selling some of its prime locations in hopes of keeping a profit off of a few of its brick and mortar stores. It’s clear that Macy's will need to revamp its presence, but this could take years.

Retailers for Specific Shoppers

It's not just major retailers that are hurting, as businesses geared at specific demographics are closing shop as well. Children's Place is planning to close 300 stores by 2020. Knowing this is coming, the retailer has struck a deal with online powerhouse Amazon.com to sell its clothing online while using Amazon as a replenishment program of sorts. By closing these stores, Children’s Place will attempt to boost inventory production and connect with a larger audience of internet shoppers. This seems to be a good option for them, as parents are busy, and online shopping is easier than dragging your kids through the mall to shop for clothes.

Another retail-specific store that did not hold up well to Internet shopping is RadioShack. The electronics seller closed 552 stores this spring. Websites like Amazon.com and NewEgg.com have become a hub for electronic consumers, and RadioShack could not handle the loss of customers. If you want to read more about RadioShack’s long history and current struggles with bankruptcy, check out a more in-depth blog on the topic here. Other electronics-based retailers like Circuit City also fell victim recently.

The Future of Retail

What does this all mean to the U.S. retail store market? Some stores, like Abercrombie and Fitch and Children's Place, have started making changes to try to keep up. Others have already failed.

The unprecedented amount of brick and mortar retail stores closing over the past few years reveals a change in technology and society’s views towards shopping. It shows that we are now in a time where consumers care less about brand loyalty and more about instant gratification. Yes, you still need to wait for your purchase to arrive in the mail, but the consumer knows it’s on its way. The product has been purchased. No walking the mall looking for the right dress, no needing to travel to another store to get that shirt in the right size, and no need to return to the store when that Bluetooth speaker is shipped from another location. All these things can now be done from the comfort of your own home.

Attorney Dan Higson can help with your bankruptcy case, and can answer any questions you have about Chapter 11, Chapter 13, and Chapter 7 bankruptcies. Contact Dan today at 805-644-7111!

Slip and Fall

Ventura Slip and Fall Attorney

Personal Injury Attorney – Slip and Fall Claims

People trip and stumble all the time, but when injury or death occurs as a result of negligence on the part of the property owner, a slip and fall personal injury claim can be filed. Such an accident can occur anywhere: at a supermarket, a restaurant, or even a private residence. Ventura Slip and Fall Attorney Dan Higson is here to help.

If any negligence was involved to cause a slip and fall accident, the victim can be entitled to compensation for his or her medical costs, pain, and loss of work. By finding a personal injury attorney, you will increase your ability to get the most compensation possible and have an expert on-hand for the technical aspects of the lawsuit. If such an accident happens to you or a loved one, contact Ventura Slip and Fall Attorney Dan Higson to find out what can be done for your situation.

Slip and Fall Injuries

A slip and fall accident can range from minor scrapes to permanent, life-altering injuries. It is also not uncommon for a slip and fall accident to lead to the death of the victim. Neck and back injuries, knee and hip injuries, and broken bones can affect a person for a long time. Sometimes an injury won’t show up for a while after the accident, so it is important to see a doctor quickly even if you feel fine. It is important to get any damage recorded by a medical professional as evidence for any future use in a lawsuit.

The damages that can be claimed in a slip and fall case include:

• Long-term and short-term medical care
• Pain and suffering
• Therapy and assistance
• Lost wages
• Ongoing support in the case of catastrophic injury

Major Causes of Slip and Fall Accidents

Slip and fall accidents are caused by many factors. If the location where the accident occurred contains some type of hazard that could have been avoided, a strong case can be made for compensation. These hazards often come from poorly designed structures such as defective flooring or improper lighting. They can also arise from badly maintained areas that contain obstacles such as slippery surfaces or objects impeding a walkway. The most common locations for slip and fall injuries include:

• Busy areas
• Cluttered walkways
• Doorways
• Ladders
• Ramps or stairs
• Uneven or unstable walkways
• Wet floors

Who is Responsible?

Many issues can cause a slip and fall injury, and they can be caused by several different people. Property owners must take responsibility for maintaining and managing the location and provide an area that is safe for visitors. They should inspect the area regularly and fix any hazards that arise in a timely fashion. In the case of a sidewalk or other public area, the owner must contact the government agency in charge of taking care of the problem. Since the property owner should know about his or her property and any problems within it, it is generally accepted that the owner is at least partly responsible for an accident, even if an employee was more directly accountable.

Several other people can be at fault for a slip and fall accident other than the property owner. Managers and renters are commonly at fault. Other employees can also cause a problem or fail to fix one, such as janitors or gardeners. On the other hand, a larger company might be at fault, such as a franchise operator or school district.

There are two main defenses against slip and fall claims for the people who are being blamed. The first is if the hazard arose quickly, not giving the owner enough time to discover and fix it. The other is if the injured person could have easily avoided the accident and is proven to be at fault.

Seek Legal Help

If you, a family member, or friend have been the victim of a slip and fall accident and believe that negligence was a factor, it’s important to seek legal help. Personal injury cases are complex, and a specialized attorney can help you get the most out of your slip and fall claim. If you have any further questions about slip and fall cases, contact Dan Higson today!

Call Ventura Attorney Daniel A. Higson at 805-644-7111

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.

Wrongful Death

Personal Injury Attorney Ventura

Recovering from the death of a family member is one of the most difficult challenges in life. Overwhelmed with grief and the weight of new responsibilities, figuring out what to do next can seem impossible. You can count on Dan Higson to guide you through every step of the process of a wrongful death claim. He can help you get the compensation you and your family deserve.

What is Wrongful Death?

A wrongful death claim arises when a person dies as a result of the negligence or fault of another person. This includes many situations, such as vehicle accidents, defective products, workplace accidents, and medical malpractice, among others. In such a case, the deceased’s beneficiaries may be entitled to monetary compensation for damages.

What are Included in Damages?

Determining the amount of compensation due in a wrongful death case is complicated. The loss of a loved one has lasting effects that cannot be easily assigned monetary values. Whether the person was a spouse, parent, child, or other relation, these losses may be felt by those left behind for the rest of their lives. In California, there are three major kinds of damages in a wrongful death claim:

• The loss of love, care, comfort, affection, companionship, guidance, and other emotional benefits offered by the deceased.
• The loss of household support, including home care and cleaning, food preparation, and running errands.
• The loss of overall financial support provided by the deceased.

These types of loss combine together in different ways depending on the relationship between the deceased and each remaining relative filing the claim.

Who Can File a Claim?

In California, only one wrongful death lawsuit can be created for a person’s death, but several people can join together in the same lawsuit. There is an order assigned to the relatives of the deceased that determines who can file the claim. The first tier of relatives includes the spouse, children, and grandchildren. If there are no surviving members of this tier of the family, then the next in line who can file a claim include parents, siblings, nieces and nephews, and grandparents. If none of these relatives remain, other family members may file, such as stepchildren or a putative spouse.

Should I Contact a Wrongful Death Attorney?

Wrongful death claims can be confusing and involved, and they come at a time of great stress and sorrow. A good personal injury lawyer, such as Dan Higson, will help you through this tough time and make sure that you get the compensation you deserve. If you have any questions about a wrongful death claim, contact Dan Higson today.

Call Ventura Attorney Daniel A. Higson at 805-644-7111

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Is It Time For Bankruptcy?

Deciding whether or not to file for bankruptcy is a stressful and complex situation that is further burdened by social stigmas. Nevertheless, bankruptcy might be the right choice for you. Many people believe that by filing for bankruptcy, they will never be accepted for loans again, but this is not true at all. Your bankruptcy stays on your credit report for 10 years, but you can get credit again within that time period, depending on your pre-filing payment history, income, debt-to-income ratio, and how well you pay off your debts after the filing.

Now that you know that filing for bankruptcy doesn’t doom your credit forever, the question remains: should you file for bankruptcy? Here are some general details to take into consideration when making your decision.

Can You Avoid Bankruptcy?

Firstly, you should sit down and take all aspects of your finances into consideration. You may find that you can alleviate your financial issues by fixing some problems or scaling back on certain purchases. Even though bankruptcy isn’t a permanent detriment to your credit, it is still a huge undertaking that shouldn’t be initiated unless you are sure it’s your best option.

What Type of Bankruptcy Should You Choose?

If you intend to go through with a bankruptcy, there are two major types that are commonly filed by individuals: Chapter 7 and Chapter 13. Chapter 7 bankruptcy can discharge most of your debt within a few months, but you may lose some of your personal property to help pay off the debt. Chapter 13 bankruptcy consists of a repayment plan based on your income, which helps you pay off your debts over the course of several years.

It’s important to know whether or not you quality for the type of bankruptcy you intend to file. If your income is too high, you may be denied from Chapter 7 bankruptcy and be expected to pay off your debt. On the other hand, if your income is too low, you might not be able to manage a repayment plan. There are many other deciding factors, so make sure to consult an experienced bankruptcy lawyer to help you determine eligibility.

Which Debts will be Forgiven?

Some types of debts cannot be wiped out no matter what type of bankruptcy you file. Some examples of non-dischargeable debts include alimony, child support, and tax debt. Most of the time student loans also can’t be discharged. If the majority of your debt will not be wiped out by bankruptcy, there is little point in filing.

What will Happen to Your Assets?

Before you file for bankruptcy, you need to take your assets into consideration to make sure that you don’t lose something that puts you into a worse situation than before. If you have a lot of equity invested in your home, you may lose it if you file for Chapter 7 bankruptcy. However, filing may alleviate the strain from your mortgage when other debts are forgiven. If your income allows for Chapter 13 bankruptcy, your mortgage will be incorporated into your repayment plan.

The fates of your other assets depend on the circumstances. Only certain items are included in exemption laws, and this depends on your location. Also, if you put an asset such as a car or boat down as collateral on a loan, the creditor may be able to take the property even if you are filing bankruptcy. Make sure that you would keep what you need to survive after the filing.

What will Happen to Your Credit Card Debt?

Bankruptcy is often an effective way to discharge your credit card debt, but not all credit cards debts can be wiped clean. Check with a bankruptcy lawyer to ensure that your credit card debt is dischargeable. Some examples of situations where credit card debt is a problem during a bankruptcy filing are if you lied on your application or used the cards to an extreme extent.

What will Happen to Your Pension and Insurance Plans?

Most pension and life insurance plans are protected from bankruptcy proceedings. However, you should check before you file to make sure that this is the case for any plans you have, including 401k, IRA, or life insurance policies.

What Happens to Co-Signers?

You need to make sure that co-signers on your loans will not be left with your debt after bankruptcy wipes it clean from your record. If you go through a bankruptcy filing with co-signed loans, the people close to you who helped you get your loan may be stuck with the entirety of the remaining payments. In general, Chapter 13 bankruptcy protects co-signers, but Chapter 7 bankruptcy does not.

How will Bankruptcy Affect You?

Fear of social stigmas shouldn’t stop you from considering bankruptcy, but you should be warned that the process involved in filing for bankruptcy is invasive and demanding. You display your entire financial life to the court. If you file Chapter 7, you may lose some of your personal property. If you file for Chapter 13, your spending habits will be scrutinized for several years.

Taking the positive and negative factors into account, if you are still considering bankruptcy, it’s crucial to consult an experienced and certified bankruptcy specialist. Dan Higson, with Hathaway Perrett Webster Powers Chrisman & Gutierrez A Professional Corporation, is such a resource in the Ventura and Oxnard counties of California. He can help guide you along every step of the bankruptcy process, including your decision on whether or not to file in the first place. Call him today! (805) 644-7111