Frequently Asked Questions
Get clear answers to common legal questions from experienced San Diego attorney James Byrnes.
Bankruptcy
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7, often called "liquidation," discharges most unsecured debts quickly, typically within 3-6 months. Chapter 13 is a "reorganization" plan where you repay a portion of your debts over 3-5 years. The right choice depends on your income, assets, and goals. With 34 years of experience, I can help you determine the best path for your San Diego case.
Will filing for bankruptcy stop creditor calls and wage garnishment?
Yes. Once your bankruptcy petition is filed, an "automatic stay" immediately goes into effect. This legally stops most collection actions, including harassing phone calls, lawsuits, foreclosures, and wage garnishments. This provides immediate relief so we can work on your financial fresh start.
Can I keep my house and car if I file for bankruptcy?
In many cases, yes. California's exemption laws allow you to protect a significant amount of equity in your primary residence, vehicle, and other essential assets. The specifics depend on your situation. I'll review your assets thoroughly during your free consultation to explain exactly what you can protect.
Real Estate Law
Do I really need a lawyer when buying or selling a home in San Diego?
While not legally required, having an experienced real estate attorney protects your interests. I review contracts, title reports, and disclosures to identify risks that agents might miss. For complex transactions, investment properties, or legal disputes, my 34 years of experience can prevent costly mistakes and ensure your rights are protected.
What should I do if I discover a title issue after purchasing property?
Contact an attorney immediately. Title issues like liens, easements, or boundary disputes can affect your ownership rights. I work to resolve these matters through negotiation, title insurance claims, or if necessary, litigation. Early legal intervention is key to protecting your San Diego property investment.
How can a lawyer help with landlord-tenant disputes?
I assist both landlords and tenants with lease reviews, eviction proceedings, security deposit disputes, and habitability issues. California's landlord-tenant laws are complex and constantly changing. I provide clear guidance on your rights and obligations, and represent you in negotiations or court if needed.
Estate Planning
What's the difference between a will and a living trust?
A will takes effect after your death and must go through probate court. A living trust avoids probate, provides privacy, and can manage assets if you become incapacitated. For most San Diego families, I recommend a comprehensive plan including both a will and trust, along with powers of attorney and advance healthcare directives.
Why is estate planning important if I'm not wealthy?
Estate planning isn't just about distributing wealth—it's about protecting your family. Without proper documents, the court decides who cares for your minor children, your assets may not go to your intended beneficiaries, and your family faces unnecessary costs and delays. A proper plan provides peace of mind at any asset level.
How often should I update my estate plan?
Review your plan every 3-5 years or after major life events: marriage, divorce, birth of a child, significant asset changes, or relocation. California law changes may also affect your documents. I offer plan reviews to ensure your estate planning remains current with your wishes and the law.
Have More Questions?
Get personalized answers during a free, confidential consultation. I'll listen to your specific situation and provide clear legal guidance.
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424 F St, Ste 201, San Diego, CA 92101