Our Legal Services
Chapter 7: Straight bankruptcy filing for individuals with 1) Gross annual income under $48,000.00 (income can increase with more dependents) and 2) Limited equity in assets (ie. under $100,000.00 equity in residential real property subject to increased homestead exemption, increases if over age 64 and other reasons. Chapter 7 usually can discharge (get rid of) unsecured debts such as credit cards, medical bills, civil lawsuits (except student loans), and some income taxes. Chapter 13 filers must have substantially more net income than monthly expenses to qualify to pay into a 36 to 60 month payment plan. Reasons to file Chapter 13: Avoid foreclosure, eliminate 2nd Trust Deeds/lines of credit or mortgages on 2nd homes. Other Debt Negotiations: Attorney can negotiate reduction of debts for individuals in certain cases without the need for them filing bankruptcy.
Family Law Legal Services
Divorce and Paternity Lawsuits: Attorney can prepare divorce and/or paternity lawsuits and restraining order proceedings and negotiate settlement agreements on property divisions of houses and pensions, support and child custody/visitation and appear in court to get court orders for same
Restraining Order(s): Attorney can prepare file and represent client’s who have been harassed or assaulted by spouses, boyfriends, girlfriends, or there to obtain orders protecting them from being harassed, contacted, assaulted, threatened or stalked by the wrongdoers. Attorney can also defend those accused of doing so
Your Rights: Your rights, safety, protection, and well being for you and your children is critically important to live a peaceful and satisfying life. Attorney McFadden’s advice and experienced services over 33 years as an attorney is essential to level the playing field and protect you and your loved ones.
Trusts & Wills Planning
Trusts: 1) To avoid probate (court proceedings) if Trust Estate includes real property or is valued at over $150,000.00 2) To give powers to Trustees or assist Trustor (makers of the Trust) after death and during his or her lifetime in handling financial matters and health management issues. The Trust compliments powers of attorney for financial and health care decisions during the lifetime of the Trustor and after the death of the Trustor as powers of attorney terminate on the death of Trustor. 3) Trusts can avoid or reduce increased taxes caused by real property transfers by the Trustor. 4) Trust avoids conservatorship which can cost tens of thousands in attorney fees, court costs, and unnecessary court supervision of the estate.
Wills: Generally pours over estate assets into the Trust upon the death of will maker. POWERS OF ATTORNEY (Terminate on death of issuer) Provides financial and healthcare powers to power of attorney holders during the lifetime of issuer of said power of attorney.
Landlords: Attorney can serve notices on tenants to terminate tenancy then file an Unlawful Detainer lawsuit to remove tenant(s) with a court order.
Tenants: Attorney can negotiate tenancies or tenants disputes with landlords or file an Answer to an Unlawful Detainer lawsuit filed against tenants to protect tenant’s rights
Criminal Defense Lawyer
Attorney assists and represents defendants or those being investigated for allegedly committing crimes such as DUI (driving under the influence of alcohol or drugs) Vehicle Code Section 23152(a)(b): driving with no driver’s license in possession (V.C. 12500) or with a suspended license 14601 V.C.: Driving with no auto insurance, hit and run from an accident, possession of marijuana, possession of speed (methamphetamine), cocaine, heroin, other controlled substances and possession for sale. Attorney negotiates reduced sentences and drug programs under Prop 36 and 47. We also defend on Theft offenses: Robbery, burglary, theft, petty theft, embezzlement, and forgery.
Traffic Tickets Attorney
Attorney for multiple violations, suspended license, no license, speeding tickets, and more. Attorney assists and represents traffic violation person(s) with appropriate legal representation.