General

EDUCATION

University of the Pacific - McGeorge School of Law

Juris Doctorate
Law Review

San Jose State University

B.A. Public Administration plus graduate studies

EXPERIENCE

Practicing bankruptcy, business and finance law for over 25 years
Provided commentary and insight to local and national TV news regarding Vallejo’s financial situation because of expertise in finance and
Bankruptcy law
Conducted seminars for the general public regarding Vallejo’s Chapter 9 Bankruptcy
Conducts professional seminars on business law, home foreclosures, and finance
Served as Nevada County Deputy District Attorney
Served as a law clerk for a Federal Judge in the 9th Circuit Court of Appeals in San Francisco
Is a Vietnam veteran and was decorated for his combat infantry service

PROFESSIONAL AFFILIATIONS

Member of National Association of Consumer Bankruptcy Attorneys (NACBA)
Member of the Better Business Bureau

AREAS OF PRACTICE

Bankruptcy – Chapter 7 and Chapter 13 Bankruptcy; Consumer and small business
Finance – debtor and creditor representation
Wills
Power of Attorney
Other general practice areas on case by case basis

Phone Consultations

Mr. McConnell now offers phone consultations for individuals interested in finding out more about bankruptcy, but who have limited ability to get to the office. Contact our office by phone at (707) 642-4500 or email us through the website to schedule an appointment. There is a low cost fee for the consultation, which is due at the time services are provided.

What is Chapter 13?

What is Chapter 7?

Other Types of Bankruptcy

Power of Attorney

Another service offered by the McConnell Law office is drafting a Power of Attorney. Mr. McConnell can help you draft or revoke a power of attorney.

A power of attorney is an important part of lifetime planning. A power of attorney gives one or more persons the power to act on your behalf as your agent.

The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.

The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document, such as sign checks, opening and closing bank accounts, and conducting real estate transactions.

Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a power of attorney. Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

If you do not have a power of attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees. If a court proceeding is needed, you may not have the ability to choose the person who will act for you. Most people do not want to be subject to this type of public proceeding, so being proactive to create the appropriate document to avoid this is important. A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

Who Should Be Your Agent?

You may wish to choose a family member to act on your behalf. Many people name their spouses or one or more children. Regardless of whether you name co-agents, it is a good idea to name one or more successor agents to address the possibility that the person you name as agent may be unavailable or unable to act when the time comes.

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

What Kinds of Powers Should I Give My Agent?

In addition to managing your day-to-day financial affairs, your attorney-in-fact can take steps to implement your estate plan. Come in to discuss with the attorney what your goals and needs are to better determine the powers.

Drafting Power of Attorney Documents

When you come in to see the attorney, please bring with you the name(s) and address(es) of individual(s) to be named as your agent(s). They must be at least 18 years old. Once the document is drafted it will need to be signed in the presence of a notary.

After Discharge

Wills

Writing a will is something many people avoid. We don't like to face our own mortality. Even if we don't want to face it, our family members could be confronting this issue without regard to what we wanted or what is best for them. A will can answer these questions and provide protection and peace of mind.

Attorney McConnell suggests making a will for the following reasons:

To keep the family from worrying, before and after you have passed.
To keep the state from having to step in. Intestate means there is no will and the state will determine who administers the estate and who receives the assets. If you have a nontraditional family this is important. Courts will typically hand over the assets to the next of kin.
To name who will be guardians of your children. The state again will step in and make the decision. Your children may be raised by a relative of whom you might not approve.
To keep the family business alive. A will clearly states your intentions regarding the business.
To maintain civility in the family. Disagreement about distribution of assets or other estate issues can bring out the worst in families. It can sever relationships forever.

Mr. McConnell has written hundreds of wills. He can help make the process as simple as possible. He can help provide peace of mind, help to ensure your wishes are carried out, and help you protect your family.

When you make an appointment to see Mr. McConnell about a will, please bring with you the correctly spelled legal names with middle initials and addresses of all individuals to be named in the document.

Fees for wills vary depending on the complexity of your estate.