Heston & Heston Attorneys At Law

BANKRUPTCY TREATMENT OF DEBTS RESULTING FROM DIVORCE It is estimated that 50% of all marriages end in divorce. Studies of what triggers bankruptcy uniformly find that the financial impact of a divorce is one of the most frequent causes, along with loss of employment or substantial medical expenses. But unlike the types of general unsecured debts that rapidly accumulate when a job is lost or health issues cause piles of debt to suddenly overwhelm a family, many of the debts th...Continue reading

A JUDGMENT CREDITOR HAS LEVIED MY BANK ACCOUNT! HOW CAN BANKRUPTCY HELP RETRIEVE THOSE FUNDS? Frequently, the proverbial straw that breaks the camel’s back is the seizure of needed monies in a checking account. Since no prior notice is given to you in time to move the funds, debtors first learn their checking account has been seized when notice is received from the bank, accompanied by notice that a bank charge has been imposed for complying with the seizure order. What can b...Continue reading

At Heston & Heston, we share in the concerns of all Americans in this time of uncertainty. However, Americans have weathered crises in the past, and have emerged even stronger and better able to face the future. While the health concerns associated with the COVID-19 pandemic take center stage, such crises inevitably carry with them financial consequences. For some Americans, those consequences may be not so great as to trigger financial collapse. But for others, the interrupt...ion of income, health care needs, or even failure of a small business can lead to bankruptcy. The Great Recession of 2009 forced millions of Americans to seek protection under the bankruptcy laws, and unquestionably the current healthcare crisis will do the same. For some, the consequences may not be fully apparent for months to come, while for others whose layoff or job means the loss of all income, the need for protection from creditors may be immediate. The decision to consult a bankruptcy attorney is never easy. But the current crisis compounds that by adding concerns regarding meeting in person and in an office in which others might be waiting in the reception area. At Heston & Heston, we have recognized these concerns and have immediately implemented a policy of scheduling consultations as teleconferences. Written materials that might normally be provided to the course of the meeting are available for transmittal in PDF format. Our goal is to allow clients in need to have a free "virtual consult" by creating a "virtual office" in which to meet. Observing the protocols recommended by the CDC to avoid transmission, in person meetings are not currently available. But by use of teleconferences and video links, we are committed to providing answers for those who have growing financial concerns as we work together as a nation to overcome this crisis.

The Firm is proud to announce that Richard Heston has been appointed as a Lawyer Representative to the Ninth Circuit Judicial Conference. The Ninth Circuit Judicial Conference meets annually pursuant to Section 333 of Title 28 of the United States Code. The court of appeals for each circuit provides by its rules for representation and active participation at such conference by members of the bar of such circuit. The Order of the Judicial Council of the Ninth Circuit sets fort...h three purposes of the conference: To consider the business of the courts in the Ninth Circuit. To advise means of improving the administration of justice in the Ninth Circuit. To assist in implementing decisions made by competent authority as to the administration of the business of the courts in the Ninth Circuit. Richard will serve a 3-year term beginning in January 2020. His duties will include attending conferences throughout the Ninth Circuit, with scheduled conferences in Rancho Palos Verdes, Tucson, and Portland. This appointment presents a unique opportunity to have meaningful input with the judiciary to propose improvements in the day-to-day practice of law in the bankruptcy courts.

On July 25th Richard Heston participated in the Hill Day at Home Webinar sponsored by the National Association of Consumer Bankruptcy Attorneys (NACBA), directed at efforts to encourage representatives in Congress to support the recently introduced bipartisan legislation in the Senate (S. 1414) and House (H.R. 2648), the Student Borrower Bankruptcy Protection Act of 2019 introduced respectively by Senator Dick Durbin and Congress members Jerrold Nadler and John Katko, to rest...ore the bankruptcy discharge for student loan debt. In hearings before Congress, NACBA’s Vice President, Ed Boltz testified that Growing evidence indicates that student loan debts not only severely restrict borrowers’ futures, but also are choking economic productivity. These minimal efforts show the inadequacy of piecemeal, non-comprehensive changes that stop short of restoring the general dischargeability of student loans in bankruptcy. NACBA supports an approach that offers student loan debtors the opportunity to "earn" their way to a discharge, unlike the universal forgiveness approach being touted by several presidential candidates that would simply waive repayment obligations of student loan borrowers, whether they be recent grads toiling away at low-income or minimum wage jobs, or highly paid financial analysts and securities brokers on Wall Street. NACBA believes that those who seek a discharge based on need should demonstrate that need through the filtering process unique to the Bankruptcy Code's goal of offering deserving debtors a "fresh start".

It's time to offer light at the end of the tunnel for America's future - the younger generation struggling with student loan debt. https://www.studentdebtbomb.com/

Benjamin Heston and Richard Heston may have presented one of the Riverside County Bar Association's first cross-generational seminars when they spoke to members of the Family Law Section on the topic of "Bankruptcy and Family Law Crossover Issues" on December 18, 2018. The program was well received and reportedly drew an exceptionally high turnout of attorneys from both fields of practice who sought to learn more about the pitfalls lurking in the uncertain crossover of these two practice areas.