BANKRUPTCY

            Our law firm represents individual Debtors seeking Bankruptcy relief and protection for consumer and business related debts. Most individuals would prefer to avoid the need for filing a Bankruptcy Petition and we, therefore, always provide our Clients with an initial no cost consultation to determine if any other means is available in dealing with the Debtor's financial predicament.

            Bankruptcy protection in the United States is provided for under Federal law and stems from the provisions set forth in the United States Bankruptcy Code. The Bankruptcy Code provides Debtors with relief from further collection activities immediately upon the filing of the Petition in Bankruptcy. Once the Petition is filed an Automatic Stay is implemented under which Creditors are prohibited from pursing further collection activities against the Debtor. Under the Automatic Stay, Creditors are prohibited from instituting or continuing litigation, terminating certain services such as utilities, and foreclosing, repossessing or attaching any of the Debtor's property. The Automatic Stay remains in effect until the time of Discharge or the Court grants the Creditor relief from the Automatic Stay.

            For individuals seeking the protection provided by the Bankruptcy Code, there are two types of Bankruptcy relief:

            Chapter 7 Bankruptcy provides for the liquidation of a Debtor's assets and a discharge of all Dischargeable debts. The Bankruptcy Code, however, makes certain debts Non-Dischargeable. During your initial consultation, the attorney handling your case will explain those categories of debts that have been categorized as Non-Dischargeable under the Bankruptcy Code. You can then determine if Bankruptcy will afford you the protection you desire. With respect to the Debtor's assets, Chapter 7 allows the Debtor to keep those assets that are categorized as Exempt property up to a statutorily prescribed monetary value. Ordinarily, with proper planning, a debtor can keep most of those assets necessary for everyday living. The laws pertaining to exempt property are complex and cannot, therefore, be explained in detail here. When you meet with the attorney handling your case, time will be taken to discuss the available exemptions as the apply to the specific property you own.

            Chapter 13 Bankruptcy allows a Debtor to keep his assets but the Debtor is required to make payments to his creditors under a Chapter 13 Plan over the course of several years (usually 5 years). There are several requirements that the Debtor must meet, however, before he will be permitted to pursue a Petition for Bankruptcy protection under Chapter 13. First and foremost, the Debtor must have regular income sufficient to make the payments by the Chapter 13 Plan. The Plan must provide for secured creditors to be paid no less than the full value of the property securing their claim while unsecured creditors must be paid at least that amount they would have received had the Debtor pursued a liquidation under Chapter 7. Chapter 13 is more complex than Chapter 7 and ordinarily costs more in the way of fees and expenses. A more detailed analysis of the difference between Chapter 7 and Chapter 13 will be provided during your initial consultation.

AUTOMOBILE ACCIDENTS AND PERSONAL INJURY CLAIMS

            Our law firm handles all types of personal injury claims including but not limited to Automobile Accidents, Motorcycle Accidents, Wrongful Death cases, Dog Bites, Slip and Fall injuries, Medical Malpractice Claims, Product Liability Claims and all other types of injuries cause by the negligence of another person or entity. The law provides specific remedies to compensate persons who have been injured in these types of accidents. In addition, remedies are sometimes available to the families of persons involved in such accidents. This law firm provides injured Clients with a free initial consultation to discuss the remedies that may be available to you as a result of your accident. Moreover, we will discuss the intricacies of your injury as well your claim and the claims process. The value of your claim can be compromised if it is not handled properly from the outset of the accident. It is, therefore, imperative that, when you are involved in an accident, you seek legal representation immediately. Moreover, until such time as you retain the services of an attorney, you should refrain from making any admission of liability for the accident and you should refuse to give any oral or written statement to an insurance agent or adjuster representing your insurance company or the insurance company of another party. Furthermore, should you proceed through the claims process without an attorney, you may feel pressured to accept a settlement that is not in your best interests. As part of our representation, we will assume responsibility for negotiating on your behalf with the insurance company or other responsible party. If no reasonable settlement can be reached, we will then discuss with you the feasibility of pursuing litigation to obtain those benefits to which you may be entitled. Ordinarily, we accept personal injury cases on a contingency fee arrangement. Under this type of fee arrangement, you will not be required to pay a fee for our services unless we recover money for you. If a recovery is obtained, our fee will be calculated as a percentage of the ultimate recovery.

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