I. Consumer Protection

The Law Office of Samuel H. Park, APC, represents individuals and small businesses in a variety of civil suits to safeguard their rights and to ensure fair business practices. Suits can be based on laws including: 

Privacy Protection: Consumer protection laws often include provisions to safeguard the privacy of individuals. This may involve restrictions on the collection, use, and sharing of personal information by businesses.

A. Unfair Business Practices

Laws address unfair business practices such as fraud, scams, and predatory lending. They provide consumers with legal remedies when they fall victim to deceptive schemes.

B. Unfair Debt Collection Practices:  

Unfair debt collection practices refer to actions taken by debt collectors that violate established laws and regulations designed to protect consumers from abusive and deceptive practices in the process of collecting debts. The Fair Debt Collection Practices Act (FDCPA) in the United States is a primary piece of legislation addressing and prohibiting unfair debt collection practices.

C. Breach of Fiduciary Duty

Breach of fiduciary duty by attorneys and other professionals occurs when the professional fails to uphold their ethical and legal obligations to act in the best interests of their clients. Attorneys, as an example, owe their clients a high standard of loyalty, trust, and diligence. When lawyers violate this duty, it can lead to a breach of fiduciary duty claim. Common examples include: (1) Conflicts of Interest, (2) Self-Dealing, (3) Negligence or Incompetence, (4) Misrepresentation or Fraud, and (5) Overbilling.

D. Elder Abuse

In California, elder abuse is addressed by comprehensive laws designed to protect older individuals from various forms of mistreatment. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), found in the California Welfare and Institutions Code, is a key piece of legislation that addresses elder abuse in the state. California elder abuse laws cover several categories of mistreatment, including: (1) Physical Abuse, (2) Financial Abuse, (3) Neglect, (4) Abandonment, (5) Isolation, and (6) Abduction.

II. Bankruptcy

Bankruptcy, often seen as a financial last resort, is a legal process that provides individuals and businesses overwhelmed by debt with a fresh start by eliminating or restructuring their obligations. The fundamental goal of bankruptcy is to offer a path to financial recovery and allow debtors to regain control of their economic lives.

The two primary types of bankruptcy for individuals are Chapter 7 and Chapter 13:

A. Chapter 7 Bankruptcy (Liquidation)

In a Chapter 7 bankruptcy, a trustee is appointed to sell non-exempt assets to pay off creditors. However, many assets, such as necessary personal items and some equity in a home, are often protected. Remaining qualifying debts are typically discharged, providing a relatively swift and comprehensive fresh start.

B. Chapter 13 Bankruptcy (Reorganization)

Chapter 13 allows individuals to create a manageable repayment plan, typically spanning three to five years, to pay off all or a portion of their debts. After successfully completing the repayment plan, remaining eligible debts may be discharged.