Lawyers Blog Blog,Legal Information About Bankruptcy Law

Information About Bankruptcy Law

The legal topic of bankruptcy can make people feel uneasy. It is important for prospective bankruptcy filers to have the facts straight before they move forward with their case. Bankruptcy is when a person requests the assistance of the court to erase consumer debts. Consumers often get behind on their bills due to lack of unemployment, a financial loss or a divorce.

The Law Offices of John N. Kitta can help people who find themselves in a difficult financial situation. People often become confused by what is going on so they hesitate to file the paperwork. A bankruptcy will hurt a person’s financial standing. This is because all of the outstanding debt that is owed will be legally wiped away but the creditors will not charge off the amounts.

This means that a negative item for each creditor including the bankruptcy will be included on the filer’s credit report for a time period of one decade. This can make it hard to get credit lines. It is important for people to speak with a bankruptcy attorney before completing the required bankruptcy documents.

The filing that has to be prepared takes time to complete. A person will need to fill in documents regarding the amount of debt that they are asking to be discharged. People should keep in mind that it is very rare for secured debt such as federal student loans to be discharged through bankruptcy. This is mainly due to the fact that the government backs the loans so they want to guarantee that they will receive all of their money back.

Each creditor’s name must be listed along with the account number, address and amount of debt that is owed. The amounts should be current so it can be beneficial to contact each one directly to receive an updated balance amount.

Once a person has completed this, they can then move on to declare the assets that they have. The government can seize an individual’s personal assets and liquidate them to raise funds to pay off creditors. This is where having legal help from The Law Offices of John N. Kitta can come in handy.

When people have legal help, they can have a bankruptcy filing that is in proper order. All of the paperwork has to satisfy the court’s criteria or else the matter will not be discharged and people will have to pay back the debt that is owed in full.

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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.

Should I Consult With a Lawyer?Should I Consult With a Lawyer?

You know you qualify for social security disability benefits. For instance, you worked in jobs that paid into the social security system. You also have a medical condition that meets the social security administration’s (SSA) of a disability. However, you still need to consult with a disability lawyer before applying. For example, a lawyer will evaluate your claim, medical records and request medical tests that will further help your case.

Even though you know you’ll qualify for disability, there are some cases where you will be denied. There could be reasons why you are denied such as:

  • You made too much money. The SSA considers a “substantial gainful activity”, or SGA, which means that your income is too high to be disabled. In 2014, the SGA limit for people who aren’t blind was $1,070.
  • Your medical condition won’t last long. You must have severe impairment that lasts at least 12 months.
  • You didn’t follow physical therapy as required unless there is an acceptable medical excuse. If you don’t follow your physical therapist’s orders, it could stop you from receiving disability.
  • The SSA can find you in the system. The Disability Determination Service, or DDS, determines your medical eligibility. If either agency can’t locate you to schedule an examination, you will be denied.
  • You committed fraud by trying to obtain disability benefits.
  • Your disability is caused by a drug or alcohol addiction.
  • You committed a crime that prevents you from collecting social security disability.

So, now you are thinking about reapplying to overturn your denial. You can do this by yourself, but due to various terminology, rules and deadlines, you will need a lawyer. For example, a disability lawyer will know the type of evidence needed to support your claim. In addition, he or she will advise you of the relevant laws and how to proceed with your claim.

You have worked and put money into the system. You are disabled and need that money back to support yourself and your family. You shouldn’t go through the process alone. Instead, you should consult a disability lawyer.

It often takes a couple of attempts before a denial is overturned and you receive your benefits. However, with the help of a disability lawyer, you have a legal warrior on your side to help you. If you are in the Kansas, Missouri or Illinois and need help with any social security disability questions, concerns or assistance.

Hiring a Criminal Defense AttorneyHiring a Criminal Defense Attorney

The majority of people in the Houston area that need to hire a criminal defense attorney usually have little experience with being in trouble with the law. The minute they are arrested, they simply choose the first attorney they can find out of fear of spending any time in prison. Use a few of these tips to ensure you hire the best criminal defense attorney in Houston.

A Board Certified Attorney

If you do nothing else when looking to hire a criminal defense attorney, make certain they are certified with the Texas Board of Legal Specialization. There are well over 70,000 lawyers that are currently practicing here in Houston, but there are only under 200 that are board certified. This will ensure that if your case goes to trial you have the absolute best chance of beating the case.Years of Experience

Just like any other profession, the more years experience on the job, the better the person is at what they do. Trail experience is very important when it comes to finding and hiring the right criminal defense attorney. Find out if they have recently become a defense attorney after a long career as a prosecutor. The transition is often difficult, and you do not want to be one of the first cases they are trying as a defense attorney.

Trust Your Gut Feelings

This criminal defense attorney in Houston will basically be holding your life in their hands, so make sure that you communicate well with them. If you get the feeling that you are just another case and that they are not getting emotionally involved, it might be a good idea to look for an attorney you communicate better with. They should be easy to talk to and yet aggressive when it comes time to defending you in front of the court.

Time To Pay The Bill

Make sure that you understand the payment structure, and then be certain that you are comfortable with the payment plan. Just because an attorney says that they promise to be the lowest rates in Houston, never let that be deciding factors in how you choose your attorney. You are most likely going to be paying for these fees upfront, so getting a crystal clear understanding of the payment should be laid out in your written contract. If your criminal defense attorney decides to charge you per court setting, you might want to negotiate a different payment structure.

Paying for each court setting could wide up costing you a tremendous amount more than a traditional defense attorney fee. In addition to paying more, if you lose the case, you are going to be spending much more and be extremely unhappy too.