Law Office of David M. Smith
 |  |  |  |
1855 Olympic Blvd., Ste 210 | Walnut Creek, CA 94596
Tel: (925) 323-9202
Tel: (925) 323-9202
Biography
Attorney David Smith received
his law degree from the
University of San Francisco,
School of Law. Mr. Smith
received top honors and
graduated magna cum laude
from California State
University at Chico. There, Mr.
Smith directed a community
legal clinic and provided
educational counseling to
returning disabled veterans.
Attorney David Smith
proudly served as a United
States Marine during the Gulf
War. An experienced lawyer
with his primary office
in Walnut Creek, Mr. Smith
practices estate planning and
business law in the Bay Area and
throughout Northern California.
Advance Directives and Powers of Attorney
When people decide to write a will or start a trust to handle their financial affairs, they
often find this is a good time to think about other important questions.
What if I become incapacitated?
Who will handle my finances or my business?
Who will make medical decisions for me if I cannot?
What medical care would I want-or not want-to receive in order to prolong my life?
Who will care for my children?
The estate planning process is the perfect time to answer these vital questions and to
communicate your wishes to your family with advance directives and powers of attorney
documents. Not only can you ensure that your wishes are followed, but you relieve your
family of the burden of worry should they need to make a decision on your behalf.
Attorney David Smith understands challenges that can occur in life. Getting jelp
protecting assets and caring for loved ones with estate planning services, wills and
trusts, and the drafting of advance directives and powers of attorney is why people
contact the Law Office of David Smith to schedule a free initial consultation.
Learn more about the value of advance directives and powers of attorney
Empowering Someone to Make Decisions When You Cannot
Power of Attorney for Property Management: This document grants to someone you trust
the authority to manage your money, pay your bills, or manage your business if you are
incapacitated or, for example, if you are just out of the country for an extended period of
time.
A Power of Attorney can also be a useful tool for an adult child to handle the financial
matters for an elder parent. If your parent is still quite capable of managing everyday
affairs, but needs a bit of help with financial matters, this is a much better option than
seeking a court supervised conservatorship.
Advance Health Care Directives (also known as a living will): This document appoints
someone to make medical decisions and spells out for your family and health care
providers the type and limits of medical care you want to receive.
Attorney David Smith can help you work through these sensitive issues so your family
has clear guidance. There is no charge for your initial meeting. Mr. Smith can explain
your options and the costs associated with preparing documents, and then you can
decide on the next steps to take. Contact Attorney David Smith @ 925-323-9202.
Law Office of David Smith
1855 Olympic Blvd., Suite 210
Walnut Creek, CA 94596
925-323-9202
The Law Office of David Smith serves clients throughout California and the San
Francisco Bay Area including Walnut Creek, Concord, Martinez, Orinda, Berkeley,
Piedmont, Pleasanton, Livermore, Danville, Clayton, San Ramon, Alamo, Oakland,
Pleasant Hill, Lafayette, Dublin, Benicia, and all cities within Contra Costa County,
Alameda County, Yolo County, Sacramento County, and Solano County.
Attorney David Smith received
his law degree from the
University of San Francisco,
School of Law. Mr. Smith
received top honors and
graduated magna cum laude
from California State
University at Chico. There, Mr.
Smith directed a community
legal clinic and provided
educational counseling to
returning disabled veterans.
Attorney David Smith
proudly served as a United
States Marine during the Gulf
War. An experienced lawyer
with his primary office
in Walnut Creek, Mr. Smith
practices estate planning and
business law in the Bay Area and
throughout Northern California.
Advance Directives and Powers of Attorney
When people decide to write a will or start a trust to handle their financial affairs, they
often find this is a good time to think about other important questions.
What if I become incapacitated?
Who will handle my finances or my business?
Who will make medical decisions for me if I cannot?
What medical care would I want-or not want-to receive in order to prolong my life?
Who will care for my children?
The estate planning process is the perfect time to answer these vital questions and to
communicate your wishes to your family with advance directives and powers of attorney
documents. Not only can you ensure that your wishes are followed, but you relieve your
family of the burden of worry should they need to make a decision on your behalf.
Attorney David Smith understands challenges that can occur in life. Getting jelp
protecting assets and caring for loved ones with estate planning services, wills and
trusts, and the drafting of advance directives and powers of attorney is why people
contact the Law Office of David Smith to schedule a free initial consultation.
Learn more about the value of advance directives and powers of attorney
Empowering Someone to Make Decisions When You Cannot
Power of Attorney for Property Management: This document grants to someone you trust
the authority to manage your money, pay your bills, or manage your business if you are
incapacitated or, for example, if you are just out of the country for an extended period of
time.
A Power of Attorney can also be a useful tool for an adult child to handle the financial
matters for an elder parent. If your parent is still quite capable of managing everyday
affairs, but needs a bit of help with financial matters, this is a much better option than
seeking a court supervised conservatorship.
Advance Health Care Directives (also known as a living will): This document appoints
someone to make medical decisions and spells out for your family and health care
providers the type and limits of medical care you want to receive.
Attorney David Smith can help you work through these sensitive issues so your family
has clear guidance. There is no charge for your initial meeting. Mr. Smith can explain
your options and the costs associated with preparing documents, and then you can
decide on the next steps to take. Contact Attorney David Smith @ 925-323-9202.
Law Office of David Smith
1855 Olympic Blvd., Suite 210
Walnut Creek, CA 94596
925-323-9202
The Law Office of David Smith serves clients throughout California and the San
Francisco Bay Area including Walnut Creek, Concord, Martinez, Orinda, Berkeley,
Piedmont, Pleasanton, Livermore, Danville, Clayton, San Ramon, Alamo, Oakland,
Pleasant Hill, Lafayette, Dublin, Benicia, and all cities within Contra Costa County,
Alameda County, Yolo County, Sacramento County, and Solano County.
We also now offer Bankruptcy Services
The most common forms of bankruptcy are Chapter 7 and Chapter 13. Since the major
change in the bankruptcy laws which occurred on October 17, 2005, it is imperative that
your attorney is able to identify any negative impact that the filing of bankruptcy would
have on you and fully understand how these changes affect your eligibility to file for
Chapter 7 or Chapter 13 bankruptcy protection.
Atorney David Smith is committed to helping individuals and families get back on their
feet through bankruptcy. This is an effective way of regaining control of your finances.
Below is some more information on Chapter 7, Chapter 13 and some related issues.
Contact attorney Elliott Abrams at our firm today to further discuss your bankruptcy
options.
Chapter 7 Bankruptcy
Simply stated, a Chapter 7 bankruptcy filing results in the discharging of most of your
debts, including in some cases, income taxes. You generally are able to retain most
essential assets including those which have been pledged as security such as your
home and your car provided you agree to "reaffirm" the secured debt. This means you
will gain a fresh start, as most of your debt is erased. When beginning a Chapter 7 case, a
petition is filed with the bankruptcy court with extensive schedules of your assets, your
debts, your monthly income and your monthly expenses. You are required to attend a
meeting of creditors, known as the 341 meeting. As a condition of receiving the
discharge of your debts, you are further required to complete a course in personal
financial management. This course as well as the required credit counseling is available
on line. In most situations the final discharge is granted within 90 days of the 341 meeting.
The Means Test
The Means Test determines whether you can file for Chapter 7 or must instead file for
Chapter 13. It is an analysis of your average income over the prior six months and your
"allowable" living expenses to determine whether you have any disposable income from
which to pay back all or part of their underlying debt. If enough disposable income exists,
you will need to file for Chapter 13 protection instead in order to repay at least some of
the debts that are owed.
Chapter 13 Bankruptcy
Where Chapter 7 is a discharge of certain debts and a liquidation of non exempt assets, a
Chapter 13 is essentially a court-approved repayment plan. This plan is structured by you
and your lawyer, and then presented to the court for approval to begin repaying your
creditors on a schedule. The plan typically lasts for five years but in certain
circumstances could terminate earlier.
In many cases a Chapter 13 bankruptcy is desirable and more beneficial than Chapter 7
as Chapter 13 allows you to structure the repayment of debts which would not be
dischargeable under Chapter 7 such as most taxes. It further allows you to cure
arrearages over the length of the Chapter 13 plan owed on secured debts in order to
retain assets facing foreclosure or repossession. In some cases under Chapter 13 you
are able to bifurcate (divide into two separate portions) secured debts which exceed the
value of the secured property into secured and unsecured portions, strip off the
unsecured portion and treat it as your other unsecured debts. You are also able to strip
off mortgages on your home and treat them as unsecured debts where the mortgage is
completely unsecured (i.e. where the amount owing on the senior mortgage(s) exceeds
the fair market value of the home).
Foreclosure
Filing for bankruptcy does not automatically mean that you will lose your home. If you are
facing a foreclosure, Chapter 13 can help stop the foreclosure proceedings, and provide
you the time to organize your finances, so you are able to continue making payments on
your mortgage.
For more information on Chapter 7 or Chapter 13, contact our firm today. Attorney Elliott
Abrams can help you understand how each of these types of filings may benefit you and
help you regain control of your financial situation. There is no charge for your initial
meeting. Call the office today at 925-947-1333 to schedule your appointment.
Due to the current state of the economy, more and more individuals, businesses and
families are facing serious financial issues. This can cause a great deal of stress and
leave people wondering what options are available to them. If you have questions or
concerns about finances and how to handle debt, turn to a knowledgeable bankruptcy
attorney at the Law Offices of Elliott Abrams.
For over twenty five years, clients have trusted their bankruptcy and other legal needs
to our firm and attorney Elliott Abrams. Personally handling clients' cases and concerns,
Mr. Abrams is involved at every stage of our clients' bankruptcy cases from filing to
discharge. Contact us today to further discuss your specific bankruptcy situation.
Bankruptcy Issues
Below are some of the types of bankruptcy and many of the issues that are often handled
in conjunction with a bankruptcy case:
Chapter 7: debt discharge and fresh start
Chapter 13: debt repayment
Discharge of taxes
Foreclosure
Repossession of cars and other property
Wage garnishment
Creditor harassment
Asset liquidation
Credit Counseling
As part of the new bankruptcy law, individuals must complete credit counseling before
they can file for Chapter 7 or Chapter 13. This was ostensively implemented to deny relief
under Chapter 7 and instead only offer relief under Chapter 13 for those persons who
appear through the mechanical "means test" able to make some repayment to their
creditors.
Click here for more information about Chapter 7 and Chapter 13 Bankruptcy.
Contact our office at 925-947-1333 for a free initial consultation with attorney Elliott
Abrams. During this time, he can explain the services that our firm offers and assess
your situation. Together, you can make a determination on how to best handle your
financial issues. We work to provide you with timely, accurate, and cost-effective advice
about your bankruptcy options.
We are a Debt Relief Agency. We Help People File for Bankruptcy Relief under the New
Bankruptcy Law.
The most common forms of bankruptcy are Chapter 7 and Chapter 13. Since the major
change in the bankruptcy laws which occurred on October 17, 2005, it is imperative that
your attorney is able to identify any negative impact that the filing of bankruptcy would
have on you and fully understand how these changes affect your eligibility to file for
Chapter 7 or Chapter 13 bankruptcy protection.
Atorney David Smith is committed to helping individuals and families get back on their
feet through bankruptcy. This is an effective way of regaining control of your finances.
Below is some more information on Chapter 7, Chapter 13 and some related issues.
Contact attorney Elliott Abrams at our firm today to further discuss your bankruptcy
options.
Chapter 7 Bankruptcy
Simply stated, a Chapter 7 bankruptcy filing results in the discharging of most of your
debts, including in some cases, income taxes. You generally are able to retain most
essential assets including those which have been pledged as security such as your
home and your car provided you agree to "reaffirm" the secured debt. This means you
will gain a fresh start, as most of your debt is erased. When beginning a Chapter 7 case, a
petition is filed with the bankruptcy court with extensive schedules of your assets, your
debts, your monthly income and your monthly expenses. You are required to attend a
meeting of creditors, known as the 341 meeting. As a condition of receiving the
discharge of your debts, you are further required to complete a course in personal
financial management. This course as well as the required credit counseling is available
on line. In most situations the final discharge is granted within 90 days of the 341 meeting.
The Means Test
The Means Test determines whether you can file for Chapter 7 or must instead file for
Chapter 13. It is an analysis of your average income over the prior six months and your
"allowable" living expenses to determine whether you have any disposable income from
which to pay back all or part of their underlying debt. If enough disposable income exists,
you will need to file for Chapter 13 protection instead in order to repay at least some of
the debts that are owed.
Chapter 13 Bankruptcy
Where Chapter 7 is a discharge of certain debts and a liquidation of non exempt assets, a
Chapter 13 is essentially a court-approved repayment plan. This plan is structured by you
and your lawyer, and then presented to the court for approval to begin repaying your
creditors on a schedule. The plan typically lasts for five years but in certain
circumstances could terminate earlier.
In many cases a Chapter 13 bankruptcy is desirable and more beneficial than Chapter 7
as Chapter 13 allows you to structure the repayment of debts which would not be
dischargeable under Chapter 7 such as most taxes. It further allows you to cure
arrearages over the length of the Chapter 13 plan owed on secured debts in order to
retain assets facing foreclosure or repossession. In some cases under Chapter 13 you
are able to bifurcate (divide into two separate portions) secured debts which exceed the
value of the secured property into secured and unsecured portions, strip off the
unsecured portion and treat it as your other unsecured debts. You are also able to strip
off mortgages on your home and treat them as unsecured debts where the mortgage is
completely unsecured (i.e. where the amount owing on the senior mortgage(s) exceeds
the fair market value of the home).
Foreclosure
Filing for bankruptcy does not automatically mean that you will lose your home. If you are
facing a foreclosure, Chapter 13 can help stop the foreclosure proceedings, and provide
you the time to organize your finances, so you are able to continue making payments on
your mortgage.
For more information on Chapter 7 or Chapter 13, contact our firm today. Attorney Elliott
Abrams can help you understand how each of these types of filings may benefit you and
help you regain control of your financial situation. There is no charge for your initial
meeting. Call the office today at 925-947-1333 to schedule your appointment.
Due to the current state of the economy, more and more individuals, businesses and
families are facing serious financial issues. This can cause a great deal of stress and
leave people wondering what options are available to them. If you have questions or
concerns about finances and how to handle debt, turn to a knowledgeable bankruptcy
attorney at the Law Offices of Elliott Abrams.
For over twenty five years, clients have trusted their bankruptcy and other legal needs
to our firm and attorney Elliott Abrams. Personally handling clients' cases and concerns,
Mr. Abrams is involved at every stage of our clients' bankruptcy cases from filing to
discharge. Contact us today to further discuss your specific bankruptcy situation.
Bankruptcy Issues
Below are some of the types of bankruptcy and many of the issues that are often handled
in conjunction with a bankruptcy case:
Chapter 7: debt discharge and fresh start
Chapter 13: debt repayment
Discharge of taxes
Foreclosure
Repossession of cars and other property
Wage garnishment
Creditor harassment
Asset liquidation
Credit Counseling
As part of the new bankruptcy law, individuals must complete credit counseling before
they can file for Chapter 7 or Chapter 13. This was ostensively implemented to deny relief
under Chapter 7 and instead only offer relief under Chapter 13 for those persons who
appear through the mechanical "means test" able to make some repayment to their
creditors.
Click here for more information about Chapter 7 and Chapter 13 Bankruptcy.
Contact our office at 925-947-1333 for a free initial consultation with attorney Elliott
Abrams. During this time, he can explain the services that our firm offers and assess
your situation. Together, you can make a determination on how to best handle your
financial issues. We work to provide you with timely, accurate, and cost-effective advice
about your bankruptcy options.
We are a Debt Relief Agency. We Help People File for Bankruptcy Relief under the New
Bankruptcy Law.