Cruz Law, PLLC

Dedicated representation, personal service and quality results

APIs not using DACA

I recently wrote an article in the Northwest Asian Weekly about the fact that most APIs are not taking advantage of DACA (Deferred Action for Childhood Arrivals).  While there are groups that can help those that qualify to apply, many do not.  Its an interesting read as many young immigrants contemplate their options.

Be Weary of Mortgage Scams

I recently wrote an article about a Skyway man that became the victim of two separate mortgage scams.  He was assured that out of town law firms would help negotiate his mortgage debt if he paid them monthly.  The article details key things you should be aware of when seeking help in refinancing your mortgage.  As a general rule, you should never respond to unsolicited ads that you may receive via email or U.S. Mail.  Instead, you should determine whether there are pro bono services that may assist you.  In the alternative, you should always seek out an experienced attorney in your area about ways to avoid foreclosure.

What to expect at a 341 meeting?

After a Chapter 7 bankruptcy petition is properly filed with the Court, it will provide you with a date in which you will need to meet the assigned Bankruptcy Trustee to go over the petition.  The main task of the Trustee is to sell nonexempt property to repay general unsecured creditors.

The 341 hearing will be set at least 21 days but not more than 40 days after you properly file your petition with the Bankruptcy Court. It will be held in a conference room where other petitioners (individuals that also filed a Chapter 7 bankruptcy petition) will be waiting their turn to speak with the Bankruptcy Trustee.  The Bankruptcy Trustee is not a judge but a lawyer that has specialized in bankruptcy law.

When entering the conference room, there will be a Bankruptcy Information Sheet which will detail what will occur at the 341 hearing.  Its called a “341 Hearing” as 341 is the section of the Bankruptcy Code that details the meeting of the creditors.  The Trustee may require that you have read the information sheet before meeting with him or her.

When the Trustee calls your name, he or she will want you to proceed to the front where the Trustee will ask for your identification (valid ID and social security number).  Next, you will take an oath as if you were in a courtroom.  The Trustee will go over your petition to ensure that you are familiar with it, that it is correct, has all your debtors listed and that there are no changes.

The Trustee will have reviewed the Bankruptcy Petition prior to meeting with you so he may ask you questions specific to your petition.

Your attorney will be there mainly to guide you through the process. However, unless the Trustee asks questions of the attorney, the Trustee will want to hear from you, the bankruptcy petitioner.

The main thing to do is to keep calm, listen to the Trustee and asks all questions truthfully.  While the environment may seem intimidating, this process is much more laid back than before a judge.

If you want further assistance in a bankruptcy, please contact Cruz Law, PLLC.

Washington State passes amendments to proposed social networking law

The Washington State Senate unanimously approved amendments to the social networking legislation.  The proposed amendments would prohibit employers from coercing or requesting that employees provide them with login information for personal social networking sites.

The amendment also prohibits employers from requiring employees to “add” employers to their list of contacts of their personal social networking sites.

In addition, the amendment grants the employee or a prospective employee the opportunity to sue the employer if the employer violates the new law.  There is a statutory fine of $500 plus attorney fees.

The proposed law and penalties reflect a need to protect the privacy of an employee.  Of course, if the employee grants access and/or the employee’s information is readily available over the internet, then one might argue that the rules here would not apply.  There are exemptions to the law which would allow an employer to seek information from an employee’s private social networking site as well.  As an employee, one should be prudent about what they put on a social networking site such as Facebook and Twitter.  Also, check the privacy settings on those sites to ensure that only those that you want to see your information are allowed to see it.

Cruz Law, PLLC would be happy to answer any inquiries about the new social media law.