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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.
FAMILY LAW: DIVORCE, CUSTODY AND SUPPORT ISSUES
REAL ESTATE LAW
BUSINESS LAW
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