Lawyers Blog Blog,Legal Chapter 7 or Chapter 13?

Chapter 7 or Chapter 13?

Realizing that you are in a position that might require filing for bankruptcy is a hard pill to swallow for anybody. It takes a lot of humility to understand that you have screwed up. Filing for bankruptcy usually has a negative connotation associated with it. It is a very long thought-out and difficult decision people make. However, it is important to know what happens when you file for bankruptcy. First when considering whether or not you should file for bankruptcy you will be required to attend approximately six months of credit counseling and at the end you will take a test to see whether Chapter 7 or Chapter 13 is more suited to your needs.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy individuals end up filing with the Court. With Chapter 13 you will set up a specific payment plan including payment and time period to pay back the loan to pay back your creditors on payments that are overdue. The time period used is typically about five years. The Court needs to approve your payment plan and this happens once they have sufficient evidence that you have the financial means to pay the debts back as you have outlined. Often this is the more desirable option as you get to keep your property and work over time to pay things off. On the other hand, with Chapter 7 you have to fill out a bunch of paperwork detailing all of the property you own and assign a value to each item. It tends to be known as liquidation bankruptcy. You then typically have a hearing where your creditors get to determine whether each item should be part of the bankruptcy. A trustee will then take these items and work on converting them into cash to pay back your creditors. Hence the liquidation aspect. It is important to understand that once a bankruptcy claim is filed, an automatic stay is put in place which prevents creditors from furthering harassing you for payment during the proceedings.

A lot of people enjoy this aspect because it can get overwhelming having creditors down your back every day. A month or so after you file your claim, your trustee with meet with creditors to discus your bankruptcy. The trustee acts as the intermediary between you and the creditors so that you don’t keep receiving harassment from creditors. The trustee will go over the paperwork with you and make sure there aren’t any discrepancies with values you have assigned different items of property you listed. Based on your goals, assets, debts, income and expenses filing for bankruptcy can help wipe out most types of debt including credit cards and medical bills, reduce monthly payments, stop creditor harassment, stop repossession of your vehicle, stop the foreclosure of your residence, stop wage garnishments, and even stop the stress caused by debt collectors. Either option you choose, Chapter 7 or Chapter 13, it is important to have an attorney look over things. Kirkpatrick & Associates is a great firm to call. They will assist you in getting back on the right track. Bankruptcy may not be the best option for everyone so it is important to have an attorney go over things with you and help you come to the best option for your situation.

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Top Considerations When Hiring a Divorce LawyerTop Considerations When Hiring a Divorce Lawyer

When a divorce is imminent, it is clear that you need legal assistance. There are weighty matters involved and you would not want to jeopardize the process. Share of matrimonial property, child custodianship, visitation rights and alimony are some of the issues you would like straightened. You should also take into consideration the legal procedure that dictates how filing should be done. Clearly, you need an experienced attorney to take you through this. The guidelines below will be of great help in your quest to hire divorce lawyer Sacramento services:

Experience

There are hundreds of divorce attorneys practicing in Sacramento alone. What sets them apart? Experience is the word. When you approach a few attorneys that you have shortlisted, be sure to find out how many years of practice they have put in. Ask your prospects about the number of divorce cases they have dealt with. The success rate will also disclose a lot about the attorney you are about to hire. On the other hand, confirm that the said attorney only specializes in divorce cases.

Legal fees

Just like in any other profession, divorce attorneys charge their clients a range of fees depending on the services rendered. During the first appointment, find out how much the lawyer charges for consultation, filing and other related activities. Some attorneys operate on an hourly fee basis. There could also be a retainer for the entire process. Get to know about these upfront. Inquire from the lawyer when and how often you will be billed for the service.

Testimonials from other clients

The feelings of past clients will tell you whether you will be in the right hands or not. Find out what they have to say by reading online reviews. You could also request the attorney to give you a list of a few clients that can vouch for his/her services. Obtain permission to interview them. Talk to these people and find out what they have to say about your prospective attorney.

Attorney’s communication ability

A divorce attorney should always be available to respond to your emails and phone calls. He/she should answer your requests promptly. Ask your attorney about his/her operational policies. You can find out more on this by speaking to former clients or reading their remarks on different online platforms. If your attorney will not be available at the time you want to have a meeting, he should tell you who will be there in his place.

Being comfortable with the attorney

Part of the reason behind conducting a one-on-one interview with attorneys is to enable you gauge his ability to relate with clients. Does the attorney listen to you, pay attention and even show a high level of care? If yes, go on and hire him. Anything to the contrary should have you seeking for the service elsewhere.

Do You Need An Attorney to Get Divorced?Do You Need An Attorney to Get Divorced?

The short answer to this question…doesn’t exist.

The recognition that you are headed for divorce doesn’t come all at once. It whispers to your soul over a long period of time, sometimes weeks, but mostly months, and sometimes, even years.

You try as hard as you can to ignore the failings of your partner, to stifle that ball of anger in your stomach and keep the peace.

Then, after you’ve done that you get to the point where you don’t care. You say whatever is on your mind not really caring whether you hurt feelings, or if it starts a fight. You walk away from most fights. You pray that your spouse isn’t home when you get home from work. And even, sometimes you pray that they would do something horrible so that you’d have a clear cut reason to divorce them.

The emotions surrounding divorce are varied and complex.

So is the legal system surrounding divorce.

Once you have decided that it is finally over, there is the process of moving out, or separating bedrooms. There are the cold stares from your partner. And if you have children, there are broken hearts and tears from them which add to the agony.

The laws in every state vary in many ways, from child support regulation, to the division of property, you with an attorney or not, are going to be navigating murky waters. You can get information from the internet, however, that information may or may not be accurate. You don’t want to leave yourself in a place where your children, home and property could be taken away from you.

Therefore, it is important to get an attorney who is going to fight for your rights as a parent, as a partner in a legal contract with equal rights to the property obtained during the marriage, and as a person.

Divorce can turn ugly quickly and often people who wanted to complete the divorce without the help of an attorney find out too late that their spouse already has a lawyer and is on the brink of taking over their life.

The best advice is to get an attorney who specializes in family law and knows the ins and outs that will be affecting you during this harsh time in your life.

Don’t be caught off guard. Do your research and find a local lawyer who can help.

If you are in the Greensboro area, find a Greensboro Divorce Lawyer and allow them to use their vast knowledge to help you protect your rights, your children, and your well-being during this difficult time. They will be able to give you advice, show you where your rights are and how to maintain a relationship with your children.

Where to Turn During Rough Financial TimesWhere to Turn During Rough Financial Times

Like it or not, the world revolves around money. True, money isn’t everything- and your personal world doesn’t need to revolve around money when it comes to your priorities, but even then you still have to admit that money is a driving force in society. For most people, having money problems of any kind (not making enough, not having savings, being in debt, etc.) either has happened to them, is happening to them, or will happen to them in the future. Sometimes these money troubles are our own fault and can be caused by greed, by poor budgeting, or by making unwise investments. But sometimes they’re a result of things out of our control, like extreme emergencies that were impossible to prepare for, being robbed, or simply not having the opportunity to make as much money as you need to in order to get ahead, or even keep above water. So whether you’re currently experiencing a rough financial time, or whether you have yet to experience one, here are two options of where to turn for help, depending on how serious your money troubles are.

Financial counseling. This is a suggestion for people who are struggling with their money choices, who want to understand more about how to make wise investment decisions, and those who need suggestions on how to budget appropriately. Really, this could apply to even those who aren’t currently experiencing rough financial times, but who are interested in avoiding them in the future. So even if you’re great at budgeting and have a fair amount of money tucked away for emergencies, financial counseling is a great way to expand your knowledge of what you can do to better your financial situation.

Bankruptcy attorneys. This suggestion is clearly not for everyone. Making the decision to file for bankruptcy is a difficult one, and although it’s by no means the first place to look when you begin experiencing problems with paying bills, it’s definitely a viable option for those who are way in over their heads. There are a lot of options out there for filing for bankruptcy and going with an attorney (like Metairie bankruptcy attorney, for example) is a great way to go in order to make the process less stressful and more beneficial for you in the long run. Making the decision is definitely difficult, and going to a bankruptcy attorney will help you to make a clear and informed choice.

Clearly, there are several more options out there for anyone experiencing problems with money, but these are two that are important to think about, depending of course on your current situation. However, regardless of where you are financially, learning more about finances and how to best handle your money is important. It doesn’t have to be (and really shouldn’t be) the most important thing, but being in control of your finances allows you to focus your energy and attention on the more important things in life.