Selwyn D. Whitehead, The Law Offices of Selwyn D. Whitehead Founder: “I take great pride in having helped the vast majority of my clients succeed in saving their homes and rehabilitating their small businesses”

Selwyn D. Whitehead established The Law Offices of Selwyn D. Whitehead with a profound commitment to being a catalyst for positive change in the personal and business finances of women and communities of color. Her motivation stems from a desire to enhance the economic and financial stability of these groups, aiming to improve income and revenue growth, cost efficiency, productivity, and the overall longevity of their family units and businesses. She strives to empower her clients with the tools necessary for wealth creation and financial security.

The Law Offices of Selwyn D. Whitehead offers a comprehensive range of legal services focused on Bankruptcy, Wealth/Debt Management, Estates and Trusts, Insurance, Real Estate, Taxation, Disabled Adult/Financial Elder Abuse, Foreclosure Intervention/Homeownership Preservation, and Financial Litigation. Her practice is dedicated to helping individuals, families, and small business clients manage their wealth through effective estate and tax planning. Additionally, she assists clients in managing their debt through debt restructuring or bankruptcy, and provides critical support to those facing foreclosure.

Selwyn D. Whitehead also represents clients dealing with complex and emotionally taxing financial issues before the Franchise Tax Board, the IRS, and the U.S. Tax Court. She is a staunch advocate for the rights of seniors and disabled individuals, working tirelessly to protect them from financial elder abuse and disabled person abuse. Furthermore, drawing from her background as a military brat and spouse, and a Department of Defense Civilian, she proudly serves veterans from all branches of the military. Through her legal expertise and unwavering dedication, Selwyn D. Whitehead continues to make a significant impact on the financial well-being of her diverse clientele.

In conversation with Selwyn D. Whitehead, Founder of The Law Offices of Selwyn D. Whitehead

Q. Given your extensive experience, what do you believe is the most misunderstood aspect of estate planning among your clients?

To ensure that everyone understands your intentions for distributing your assets after you pass away, it’s crucial to have a properly executed Will and that you consider making your desires known now and in the future via a video recording. Also, your bank and brokerage accounts should have the “paid on death” designee of your choice. And you should periodically review your life insurance policies to make sure the proceeds go to the individuals or entities of your choice. Additionally, if you aim to avoid probate by using a Trust, you must correctly transfer the assets that form the corpus of the Trust into the Trust. For real property, this transfer must be properly recorded. Without these steps, your heirs or devisees will need to go to probate court for a judge to determine your intentions.

Q. Can you share a particularly challenging case of foreclosure or debt restructuring you handled and the key strategies you employed to resolve it?

While confidentiality prevents me from discussing specific cases, I can share some general observations. Each instance of financial distress is unique, but I’ve noticed a common pattern where individuals or small businesses often delay seeking legal counsel until the last possible moment. This delay is frequently due to trauma-induced inertia or procrastination, with the hope that the problem will resolve itself, which it rarely does.

When clients approach me early in the debt collection process, there’s usually a better chance of resolving the matter amicably, often without court intervention. However, when I’m brought in at the eleventh hour, such as right before a foreclosure, eviction, wage garnishment or sheriff’s attachment of a business asset, the options become more limited. In these situations, bankruptcy court may be the only viable route.

Even then, my goal is to leverage every possible strategy to demonstrate to the court that my clients are not merely trying to delay creditors, but that they have a genuine, viable plan for financial rehabilitation or valid grounds to contest some or all of the debts.

Q. With your expertise in real estate law, including undertaking the training to obtain your broker’s license, what current trends do you see in the Bay Area real estate market, and how are you advising your clients to navigate them?

From my observation, the current real estate market in the Bay Area is quite divided. On one hand, there’s a significant shortage of available single-family residential units, which has driven their values up in certain neighborhoods. On the other hand, there is an oversupply of commercial real estate, leading to a decrease in their values.

For clients looking to sell a single-family residence, our main objective is to find the right buyer who has both the financial capacity and the desire to offer the best price in a competitive market. However, if a client is trying to sell commercial property or needs to renegotiate a note that has come due and cannot be paid, we might need to consider bankruptcy court as a viable option. This could provide a forum to conduct renegotiations, find additional potential buyers, or liquidate the asset, all while ensuring we secure as many legal and ethical protections for the client as possible.

Q. In what ways do you see your legal practice contributing to the broader Oakland and Bay Area communities?

While I am always willing to assist anyone where I have the knowledge base, skill set, and capacity to take them on as a client, if I look back over the last 20 years, most of my clients have been white men. However, my life’s work for nearly 40 years has been dedicated to fighting for the economic empowerment, independence, and autonomy of women, seniors, the disabled, and people and communities of color, including Indigenous communities. This has included individuals and small business owners alike. Many members of historically underserved communities face various degrees of financial

distress, and sometimes the best way I can help is by guiding them through the bankruptcy process. I recall a bankruptcy judge once informing my colleagues and me that due to various ‘human issues,’ only about 25% of debtors who

filed for Chapter 13 bankruptcy actually completed their plans

and obtained a discharge. And of the number of small business debtors who filed for Chapter 11, only about 10% obtain their goal of staying in business. Armed with that knowledge, I strive to motivate my clients to fall into that successful 25% or 10% and see their plans through to completion.

I take great pride in having helped the vast majority of my clients succeed in saving their homes and rehabilitating their small businesses. This success contributes significantly to the economic well-being of the broader Oakland and Bay Area communities.

Q. What are your long-term goals for The Law Offices of Selwyn D. Whitehead, and how do you plan to achieve them? 

In the coming years of my practice, my goal is to carefully select clients whose cases not only intrigue me but also have a significant impact. I plan to continue my passion for writing and speaking about the law through my columns in the Los Angeles and San Francisco Daily Journal, contributions to the UK-based international legal and business platform CorporateLiveWire.com, my radio show and podcast, Selwyn’s Law, and my upcoming book. Additionally, I aim to dedicate time to providing small business development consulting services to a few nonprofit organizations, ensuring that I can make a meaningful contribution to their growth and success.

Meet the leader behind the success of The Law Offices of Selwyn D. Whitehead

Selwyn D. Whitehead, JD, Founder of The Law Offices of Selwyn D. Whitehead, is an accomplished attorney with LLMs in both Taxation Law and Intellectual Property Law. Admitted to practice in California in 2005, she has been recognized for her pro bono work, receiving the Volunteer of the Year Award in 2011 from the Alameda County Bar Association’s Volunteer Legal Services Corporation. Since 2013, she has been a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization. Previously, Selwyn was a systems engineer at AT&T, Pacific Bell, Motorola, and other major companies, serving prominent clients including Boeing and the U.S. Navy.

“In the coming years of my practice, my goal is to carefully select clients whose cases not only intrigue me but also have a significant impact”