Foreclosure is the process of a mortgage company taking possession of a property because of a
failure of the mortgagor to maintain positive payments. It's a sad truth that, though most home
owner's wish to avoid foreclosure, foreclosures still happen. Despite a home owner's best efforts
they can still end up having to foreclose on a home, potentially losing all their equity and
damaging their credit while having to find a new place to live.
For investors, the property can usually be bought at a better price than if processed through a
traditional sale. During the foreclosure process, time and certainty of a sale are much more
important since the seller is looking to recoup as much from their unmanageable property as
possible. As difficult as it can be for the seller, it can prove to be a mutually beneficial sale
if an investor comes along during the right stage of the foreclosure.
The three stages of foreclosure are: pre-foreclosure, foreclosure, and post-foreclosure.
Pre-Foreclosure Phase
The pre-foreclosure phase is when an investor is able to do the most good for a distressed
home-owner. In this stage, if an investor is able to quickly reach a price that is agreeable,
then the house can be sold with most of the distressed home-owner's credit rating intact. Ideally
if an investor is buying a home during this phase they needn't involve the lender, just interact
directly with the home owner. An investor's best chance to find property in this stage is through
real estate agents, accountants, attorneys or through basic word of mouth such as colleagues and
friends who may know the homeowner.
Foreclosure Phase
This is the actual foreclosure itself. This is the best time for investors to strike but does not
allow for as much help to the home owner. Most of these types of properties will be found through
the County Clerk's office. This is where the investors can look up recent notice of defaults so
they are aware of any pending foreclosures in the area. You can also sometimes be placed on a
notice list to inform you of any pending defaults as they happen.
Depending on the state the foreclosure process is different. A judicial foreclosure can take much
longer then a non-judicial foreclosure which is usually ready to go to auction after two to four
months. No matter how they get there once they are finished processing they will be sold at the
auction to whoever is the highest bidder.
Post Foreclosure
You can attempt to buy a house when it is in the post-foreclosure process. You will be able to
look up the new owner and how much they paid for the foreclosure notice. This is when the
property has either been sold to an investor at auction or it is being held by the lender, which
is known as a REO (Real Estate Owned). An investor will usually be a tougher buy when they bought
during the foreclosure part of the process but they might still be willing to sell so they can
have a quick property sale. If the house is lender owned you are usually able to negotiate more
because they would just rather recoup their losses and get the house off of their balance sheets.
Hopefully knowing these distinctions will allow you to better understand the steps to selling a
house or investing through foreclosure. It can be a tricky process at first, but if handled with
care the foreclosure process can present a unique opportunity to either make a profit as well as
help out distressed home owners.
----------------------------------------------------
Let us help you if you are in a tough spot and need to sell your home quickly. We can buy all
types of homes and we might be interested in buying your home. Skip the headaches of a tradtional
home sale and let us buy your house.
http://www.sellmyhousenowseattle.com/tag/how-to-sell-a-house-in-seattle/
Posted by Randall Frier http://jrandallfrier.com/
Monday, December 30, 2013
Thursday, December 26, 2013
Chapter 11 Bankruptcy Can Breathe New Life Into Your Business
Copyright (c) 2013 Eli Gali
Just the word bankruptcy can give a business owner chills and bring on anxiety and stress.
However, in Chapter 11 bankruptcy a corporation, LLC, and even sole proprietor can have a second
chance with a business restructuring. Huge corporations have entered into Chapter 11 and come out
being stronger and more viable. There are news articles almost daily about one giant or another
that has met the plan and is going full board ahead.
The key to making the decision that Chapter 11 Business Restructuring is the right move for any
business, large or small, is to consult with a seasoned Corporate Reorganization Lawyer. This
specialized attorney will review every aspect of the business from the ground up. Some of the
answers sought are to questions like did the current fiscal conditions arise out of mismanagement?
If so, what steps have been taken to alleviate this issue?
There are many benefits for a struggling company to opt for Business Restructuring. It could be
that the debts that are currently owed are settled for pennies on the dollar freeing capital to
work in real time. There is also the possibility that if the Corporate Reorganization Lawyer
proposes a workable plan to the courts, they may agree to allow current management to run the
day-to-day operations as status quo. Even if some members of the Committee vote down the plan,
there are steps that can be taken to over-ride the decision. However, in either case the court
will keep a close eye on how things are being run.
If there are any negative features of Chapter 11 they are that the company cannot enter into any
additional long-term debt, expand beyond its current boundaries or take off in a new direction.
However, these all make good common sense.
It is incumbent upon the management of a company researching the benefits of seeking Chapter 11
protection to find the best Corporate Reorganization Lawyer available. The entire process is
intricate, tedious and rift with special laws, rules and regulations. If the company in question
appears in court with an attorney who is ill-prepared, the case may be dismissed altogether. This
is a very precise legal specialty.
In the discovery process, the business wanting to restructure should query the attorney on how
many cases have been personally handled and out of those how many cases were ruled in favor of the
petitioner? Another detail to include is whether or not the attorney has worked both sides of the
fence. Does he know the 'tricks of the trade' that attorneys for the creditors will pull at court?
Does he know how to overcome their objections?
Business restructuring via Chapter 11 can be a virtual life-saver for many companies who could
proceed in business if it weren't for a heavy burden of debt. Everyone deserves a second chance,
and for a corporation or any size business, this could be it.
----------------------------------------------------
Law Law Firm provides high caliber business related legal services in a broad range of areas
regarding corporate bankruptcy, general counsel and debtor and creditor rights. Eric Terry is a
lawyer that serves many clients in San Antonio, Austin, Houston and Dallas, Texas.
http://ericterrylaw.com
Posted by Randy Frier http://jrandallfrier.com/
Just the word bankruptcy can give a business owner chills and bring on anxiety and stress.
However, in Chapter 11 bankruptcy a corporation, LLC, and even sole proprietor can have a second
chance with a business restructuring. Huge corporations have entered into Chapter 11 and come out
being stronger and more viable. There are news articles almost daily about one giant or another
that has met the plan and is going full board ahead.
The key to making the decision that Chapter 11 Business Restructuring is the right move for any
business, large or small, is to consult with a seasoned Corporate Reorganization Lawyer. This
specialized attorney will review every aspect of the business from the ground up. Some of the
answers sought are to questions like did the current fiscal conditions arise out of mismanagement?
If so, what steps have been taken to alleviate this issue?
There are many benefits for a struggling company to opt for Business Restructuring. It could be
that the debts that are currently owed are settled for pennies on the dollar freeing capital to
work in real time. There is also the possibility that if the Corporate Reorganization Lawyer
proposes a workable plan to the courts, they may agree to allow current management to run the
day-to-day operations as status quo. Even if some members of the Committee vote down the plan,
there are steps that can be taken to over-ride the decision. However, in either case the court
will keep a close eye on how things are being run.
If there are any negative features of Chapter 11 they are that the company cannot enter into any
additional long-term debt, expand beyond its current boundaries or take off in a new direction.
However, these all make good common sense.
It is incumbent upon the management of a company researching the benefits of seeking Chapter 11
protection to find the best Corporate Reorganization Lawyer available. The entire process is
intricate, tedious and rift with special laws, rules and regulations. If the company in question
appears in court with an attorney who is ill-prepared, the case may be dismissed altogether. This
is a very precise legal specialty.
In the discovery process, the business wanting to restructure should query the attorney on how
many cases have been personally handled and out of those how many cases were ruled in favor of the
petitioner? Another detail to include is whether or not the attorney has worked both sides of the
fence. Does he know the 'tricks of the trade' that attorneys for the creditors will pull at court?
Does he know how to overcome their objections?
Business restructuring via Chapter 11 can be a virtual life-saver for many companies who could
proceed in business if it weren't for a heavy burden of debt. Everyone deserves a second chance,
and for a corporation or any size business, this could be it.
----------------------------------------------------
Law Law Firm provides high caliber business related legal services in a broad range of areas
regarding corporate bankruptcy, general counsel and debtor and creditor rights. Eric Terry is a
lawyer that serves many clients in San Antonio, Austin, Houston and Dallas, Texas.
http://ericterrylaw.com
Posted by Randy Frier http://jrandallfrier.com/
Thursday, December 12, 2013
The New Bankruptcy Law - Its Impact on Bankruptcies
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, more commonly called the 2005
Bankruptcy Act or New Bankruptcy Law, made significant reforms to the current US Bankruptcy code.
Its purpose is to prevent perceived abuse by customers especially those individuals who file for
bankruptcy just to avoid paying for unwanted debts. An example of these changes is that before
individuals are eligible to file for bankruptcy relief, they must go through a mandatory credit
counseling program for six months. After that individual has filed for bankruptcy, a financial
management course must also be completed.
An individual's eligibility to file for Chapter 7 and Chapter 13 bankruptcy has also been changed
under the New Bankruptcy law. To determine which chapter you are eligible to file for, the
bankruptcy court uses the means test. This means that it compares the your state's median income
to your average income over the preceding six months. You can only file for Chapter 7 Bankruptcy
if your income falls below that median. If not, however, further measures in the means test will
help you understand whether you need to file Chapter 7 or Chapter 13,
Therefore, before you file, it's more important than ever to know the full extent of your
circumstances. Your current income sources, debts, monthly living expenses, the deeds to any real
estate or other major property that you own, records of any large financial transactions for the
last two years, and tax returns should be properly recorded, filed and cataloged to make the
process easier and to avoid any penalties or even disqualification. You'll need the guidance of an
attorney to review your assets because not all property is exempt from being seized as part of the
bankruptcy process. Don't forget to secure the necessary forms to be used as well as to file a
petition. Because any other information brought forth by your creditors could jeopardize the
success of your bankruptcy, it's very important that you are detailed and truthful on this
petition.
If you're filing for Chapter 13, you must also create and submit a repayment plan. Your leftover
money after your living expenses and how that will be divided with your creditors should also be
considered and planned carefully. You must be prepared to pay back child support and taxes in full
while your unsecured debts (like medical bills and credit card debt) are partially paid.
An automatic stay is granted to all your debts when you file for bankruptcy. Once you have
officially filed, any foreclosure proceedings currently in the works at the time of filing and all
communications from creditors will be stopped. However, this temporary relief comes at a price.
The court will appoint a trustee to manage your case and all of your property that are not
protected by the exemptions. Although the New Bankruptcy Law allows for a more merit-based, albeit
confusing, bankruptcy filing, it is still in your best interest to speak with an attorney to
clarify some questions and to guide you correctly through the entire process.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by J. Randall Frier http://jrandallfrier.com/
Bankruptcy Act or New Bankruptcy Law, made significant reforms to the current US Bankruptcy code.
Its purpose is to prevent perceived abuse by customers especially those individuals who file for
bankruptcy just to avoid paying for unwanted debts. An example of these changes is that before
individuals are eligible to file for bankruptcy relief, they must go through a mandatory credit
counseling program for six months. After that individual has filed for bankruptcy, a financial
management course must also be completed.
An individual's eligibility to file for Chapter 7 and Chapter 13 bankruptcy has also been changed
under the New Bankruptcy law. To determine which chapter you are eligible to file for, the
bankruptcy court uses the means test. This means that it compares the your state's median income
to your average income over the preceding six months. You can only file for Chapter 7 Bankruptcy
if your income falls below that median. If not, however, further measures in the means test will
help you understand whether you need to file Chapter 7 or Chapter 13,
Therefore, before you file, it's more important than ever to know the full extent of your
circumstances. Your current income sources, debts, monthly living expenses, the deeds to any real
estate or other major property that you own, records of any large financial transactions for the
last two years, and tax returns should be properly recorded, filed and cataloged to make the
process easier and to avoid any penalties or even disqualification. You'll need the guidance of an
attorney to review your assets because not all property is exempt from being seized as part of the
bankruptcy process. Don't forget to secure the necessary forms to be used as well as to file a
petition. Because any other information brought forth by your creditors could jeopardize the
success of your bankruptcy, it's very important that you are detailed and truthful on this
petition.
If you're filing for Chapter 13, you must also create and submit a repayment plan. Your leftover
money after your living expenses and how that will be divided with your creditors should also be
considered and planned carefully. You must be prepared to pay back child support and taxes in full
while your unsecured debts (like medical bills and credit card debt) are partially paid.
An automatic stay is granted to all your debts when you file for bankruptcy. Once you have
officially filed, any foreclosure proceedings currently in the works at the time of filing and all
communications from creditors will be stopped. However, this temporary relief comes at a price.
The court will appoint a trustee to manage your case and all of your property that are not
protected by the exemptions. Although the New Bankruptcy Law allows for a more merit-based, albeit
confusing, bankruptcy filing, it is still in your best interest to speak with an attorney to
clarify some questions and to guide you correctly through the entire process.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by J. Randall Frier http://jrandallfrier.com/
Wednesday, November 20, 2013
Mediation in Business Disputes
Mediation is a form of alternative dispute resolution that involves parties in conflict sitting
down with a trained mediator to address and resolve the critical issues at hand. Mediation is
growing as a way to address disputes in many different fields, including ADA and EEOC complaints,
employment issues, contract disputes, and union negotiations.
The settlement process in mediation is managed by a neutral third party trained in mediation. The
goal of this process is to bring the parties together to identify vital issues and to communicate
together to generate solutions. In the business world, mediation is an informal way to clear up
issues without having to engage in complex litigation.
For commercial businesses and parties in disputes, mediation offers many benefits. Compared to
litigation, mediation provides a forum that tends to resolve disputes much more quickly. As a
result, it is less expensive for both parties since less time is required to meet and discuss the
pertinent issues. Scheduling is also much easier since the meetings can be set up around the
availability of the disputing parties and the mediator. Parties can work together to discuss and
create their own solutions, providing more flexibility when compared with traditional litigation
where a judge makes a final determination. This working together can limit further hostility and
may even set the tone for a positive and civil relationship post-dispute.
A business dispute mediator needs to communicate with the parties before they meet together in
order to understand the dispute. What the mediator learns will influence how to conduct the
mediation. It may be counterproductive to have counsel expound the positions of the parties with
everyone in the room. At least the parties should all meet in order to execute a confidentiality
agreement and to enable both sides to confirm that representatives with authority to decide on a
resolution are in attendance or at worst available by telephone.
After the initial joint meeting, the mediator will meet with the parties separately to explore how
resolution might be reached. Confidentiality of the communications in mediation is an essential
part of the process. It protects the parties and enables them to speak frankly about their
interests as distinguished from their legal position if the dispute must be resolved by a judge or
an arbitrator.
Not all disputes can be resolved in mediation, but the involvement of a skilled mediator will
improve the prospects for a peaceful and efficient resolution.
----------------------------------------------------
Met Wilson is a seasoned mediator and arbitrator practicing in Portland, Oregon on a wide variety
of cases including commercial disputes, claims against broker-dealers, consumer claims, real
property disputes, franchise disputes, employee claims, construction claims, contract claims,
insurance coverage disputes and business torts. For expert assistance in any of these areas,
please call Met Wilson at 503-972-5090 or visit http://wilsonadr.com/
Posted by J. Randall Frier http://jrandallfrier.com/
down with a trained mediator to address and resolve the critical issues at hand. Mediation is
growing as a way to address disputes in many different fields, including ADA and EEOC complaints,
employment issues, contract disputes, and union negotiations.
The settlement process in mediation is managed by a neutral third party trained in mediation. The
goal of this process is to bring the parties together to identify vital issues and to communicate
together to generate solutions. In the business world, mediation is an informal way to clear up
issues without having to engage in complex litigation.
For commercial businesses and parties in disputes, mediation offers many benefits. Compared to
litigation, mediation provides a forum that tends to resolve disputes much more quickly. As a
result, it is less expensive for both parties since less time is required to meet and discuss the
pertinent issues. Scheduling is also much easier since the meetings can be set up around the
availability of the disputing parties and the mediator. Parties can work together to discuss and
create their own solutions, providing more flexibility when compared with traditional litigation
where a judge makes a final determination. This working together can limit further hostility and
may even set the tone for a positive and civil relationship post-dispute.
A business dispute mediator needs to communicate with the parties before they meet together in
order to understand the dispute. What the mediator learns will influence how to conduct the
mediation. It may be counterproductive to have counsel expound the positions of the parties with
everyone in the room. At least the parties should all meet in order to execute a confidentiality
agreement and to enable both sides to confirm that representatives with authority to decide on a
resolution are in attendance or at worst available by telephone.
After the initial joint meeting, the mediator will meet with the parties separately to explore how
resolution might be reached. Confidentiality of the communications in mediation is an essential
part of the process. It protects the parties and enables them to speak frankly about their
interests as distinguished from their legal position if the dispute must be resolved by a judge or
an arbitrator.
Not all disputes can be resolved in mediation, but the involvement of a skilled mediator will
improve the prospects for a peaceful and efficient resolution.
----------------------------------------------------
Met Wilson is a seasoned mediator and arbitrator practicing in Portland, Oregon on a wide variety
of cases including commercial disputes, claims against broker-dealers, consumer claims, real
property disputes, franchise disputes, employee claims, construction claims, contract claims,
insurance coverage disputes and business torts. For expert assistance in any of these areas,
please call Met Wilson at 503-972-5090 or visit http://wilsonadr.com/
Posted by J. Randall Frier http://jrandallfrier.com/
Tuesday, November 19, 2013
Chapter 11's Unexpected Silver Lining
When people contemplate filing for bankruptcy, "Chapter 11" is almost always considered a last
resort. Its reputation as the bringer of an awful fate has solidified its near mythical status on
how most people think. Bankruptcy experts and other finance professionals have done minimally in
reducing this stigma. They have historically endorsed Chapter 11 as a refuge you seek when there
are simply no other answers. It's no secret that undesirable results await entities - especially
individuals - who file for it. The most obvious ones are loss of assets, loss of control over your
finances, and a reduction on your quality of life. These reasons alone are enough to scare people
and businesses into avoiding Chapter 11 until they are certain that they have no other option.
As a result, many people are unaware that on the right circumstances, Chapter 11 proves to be
beneficial, especially when employed sooner rather than later. The optimum situation for a
business to file for Chapter 11 is when the business still has flexibility and credit that would
normally allow it to put off bankruptcy or avoid it altogether.
When a business is seeking to sell itself or is planning to merge with another business, most
Chapter 11 advocates agree that this is a scenario worthy of Chapter 11 consideration. In most of
these situations, the prospective partner is interested in a particular asset of the first
business. This can range from real or intellectual assets to a thriving customer base. Whatever
the interest is, it is a fact that if the first business has obtained a large amount of debt, the
acquiring entity could be put off by it. If a company suffers through this dilemma, the smartest
strategy it can implement is declaring Chapter 11, even if its financial status is not dire enough
to require it.
The rationale behind this clever business maneuver is to free up cash and cover operating costs
more efficiently by restructuring the company's debt and payment plans; thus, making it more
attractive to the acquiring or partnering entity. This technique helps in asserting the first
business' ability to service its debt while still functioning as a business. The process does not
merit further business scrutiny because the debt was always there and known to the potential
partner. Instead of making the first business look worse, a preemptive Chapter 11 filing improves
its outlook and makes it more attractive.
When dealing with any legal or financial mechanism, especially with negatively-viewed strategies,
one-dimensional thinking should be avoided because most of them have an unexpected silver lining
that could potentially save your business.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by J. Randall Frier http://jrandallfrier.com/
resort. Its reputation as the bringer of an awful fate has solidified its near mythical status on
how most people think. Bankruptcy experts and other finance professionals have done minimally in
reducing this stigma. They have historically endorsed Chapter 11 as a refuge you seek when there
are simply no other answers. It's no secret that undesirable results await entities - especially
individuals - who file for it. The most obvious ones are loss of assets, loss of control over your
finances, and a reduction on your quality of life. These reasons alone are enough to scare people
and businesses into avoiding Chapter 11 until they are certain that they have no other option.
As a result, many people are unaware that on the right circumstances, Chapter 11 proves to be
beneficial, especially when employed sooner rather than later. The optimum situation for a
business to file for Chapter 11 is when the business still has flexibility and credit that would
normally allow it to put off bankruptcy or avoid it altogether.
When a business is seeking to sell itself or is planning to merge with another business, most
Chapter 11 advocates agree that this is a scenario worthy of Chapter 11 consideration. In most of
these situations, the prospective partner is interested in a particular asset of the first
business. This can range from real or intellectual assets to a thriving customer base. Whatever
the interest is, it is a fact that if the first business has obtained a large amount of debt, the
acquiring entity could be put off by it. If a company suffers through this dilemma, the smartest
strategy it can implement is declaring Chapter 11, even if its financial status is not dire enough
to require it.
The rationale behind this clever business maneuver is to free up cash and cover operating costs
more efficiently by restructuring the company's debt and payment plans; thus, making it more
attractive to the acquiring or partnering entity. This technique helps in asserting the first
business' ability to service its debt while still functioning as a business. The process does not
merit further business scrutiny because the debt was always there and known to the potential
partner. Instead of making the first business look worse, a preemptive Chapter 11 filing improves
its outlook and makes it more attractive.
When dealing with any legal or financial mechanism, especially with negatively-viewed strategies,
one-dimensional thinking should be avoided because most of them have an unexpected silver lining
that could potentially save your business.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by J. Randall Frier http://jrandallfrier.com/
Friday, October 18, 2013
Bankruptcy Law Mediation
If you're facing a bankruptcy, it can feel completely overwhelming and frustrating to proceed
through the typical legal process. Unfortunately, litigation is known for lengthy scheduling
delays, costly expenses for attorney time and energy, and the emotional drain associated with
going through court. Thankfully, there are other options through what's known as alternative
dispute resolution. Mediation has a history of being extremely successful in the field of
bankruptcy.
In mediation, a neutral third-party mediator assists the involved parties to come to a resolution.
Mediators are trained in communication techniques that allow you to focus on the main issues
without getting dragged into side arguments or discussions that are not directly relevant to
resolving your bankruptcy. Bankruptcy mediation is available at any point during both commercial
and consumer bankruptcy, although many people might not be aware of its existence. When parties
and their legal counsel agree to move into mediation, the case can proceed in this way
immediately.
Many bankruptcy cases have successfully gone through mediation, achieving resolution much more
efficiently than traditional procedures. Issues regarding preference, non-dischargeability,
avoidance, claims allowance actions, and fraudulent conveyance are some of the most popular
concerns resolved through bankruptcy mediation. Multi-party disputes and contested issues have
also been resolved through the mediation process.
The benefits of mediation are many for both creditors and the debtors going through the process.
In mediation, the parties are in control of the outcome of their dispute through a confidential
and cost-effective means of resolution. Mediation tends to achieve results much more quickly than
traditional litigation. The final decision made through mediation can be a final resolution that
is flexible and creative, aligned to the needs of the involved parties as opposed to taking their
chances in a court system that can be perceived as "winner takes all".
Bankruptcy mediation has become more popular as the number of bankruptcy filings around the
country has increased. Bloated court dockets and delays have reduced the efficiency with which
bankruptcies were being processed, leading to many individuals seeking a better solution.
Mediation is that answer. Through mediation, filers can work directly with their creditors through
the assistance of a trained mediator, successfully sorting out relevant information and developing
flexible final resolutions. Since the scheduling relies on less people and isn't required to take
up space in a courtroom, individuals reach the conclusion to their bankruptcy much more quickly,
allowing them a fresh start and the chance to start living their life again.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by http://jrandallfrier.com/
through the typical legal process. Unfortunately, litigation is known for lengthy scheduling
delays, costly expenses for attorney time and energy, and the emotional drain associated with
going through court. Thankfully, there are other options through what's known as alternative
dispute resolution. Mediation has a history of being extremely successful in the field of
bankruptcy.
In mediation, a neutral third-party mediator assists the involved parties to come to a resolution.
Mediators are trained in communication techniques that allow you to focus on the main issues
without getting dragged into side arguments or discussions that are not directly relevant to
resolving your bankruptcy. Bankruptcy mediation is available at any point during both commercial
and consumer bankruptcy, although many people might not be aware of its existence. When parties
and their legal counsel agree to move into mediation, the case can proceed in this way
immediately.
Many bankruptcy cases have successfully gone through mediation, achieving resolution much more
efficiently than traditional procedures. Issues regarding preference, non-dischargeability,
avoidance, claims allowance actions, and fraudulent conveyance are some of the most popular
concerns resolved through bankruptcy mediation. Multi-party disputes and contested issues have
also been resolved through the mediation process.
The benefits of mediation are many for both creditors and the debtors going through the process.
In mediation, the parties are in control of the outcome of their dispute through a confidential
and cost-effective means of resolution. Mediation tends to achieve results much more quickly than
traditional litigation. The final decision made through mediation can be a final resolution that
is flexible and creative, aligned to the needs of the involved parties as opposed to taking their
chances in a court system that can be perceived as "winner takes all".
Bankruptcy mediation has become more popular as the number of bankruptcy filings around the
country has increased. Bloated court dockets and delays have reduced the efficiency with which
bankruptcies were being processed, leading to many individuals seeking a better solution.
Mediation is that answer. Through mediation, filers can work directly with their creditors through
the assistance of a trained mediator, successfully sorting out relevant information and developing
flexible final resolutions. Since the scheduling relies on less people and isn't required to take
up space in a courtroom, individuals reach the conclusion to their bankruptcy much more quickly,
allowing them a fresh start and the chance to start living their life again.
----------------------------------------------------
If you can no longer pay your creditors, you may choose to file for bankruptcy. Get a fresh start
- by liquidating assets to pay your debts or by creating a repayment plan. Based in Oakland,
California, Claude D. Ames Law Offices can provide the legal representation that you need for
Chapter 7 and Chapter 11 bankruptcy. Please call (510) 652-1300 or visit his website:
http://www.claudeamesarbmed.com
Posted by http://jrandallfrier.com/
Tuesday, October 15, 2013
The Basics Of Mediation Day
Once all parties in a dispute have agreed to mediation and chosen mediators, a date is scheduled
to begin the process. Because mediation is an informal process, it is likely to occur at a
neutral site, which is often the mediator's office. A neutral location is helpful because no
party involved will have immediate access to documents or staff, which tends to help each party
feel more comfortable about the fairness of the proceeding.
There is no limit to the number of people who can attend a mediation proceeding. Each party is
allowed to bring a companion, or anyone they deem important, but the fewer people in attendance,
the smoother things will go. All parties present must agree to complete confidentiality about the
process. One person on each side of the dispute must have complete authority to represent and
settle the issue. This representative should be the person with the most thorough knowledge of
the fact of the case.
The proceeding usually begins with all parties in one large room. The mediator will make an
opening speech on the rules and procedures that should be followed throughout the day. At this
point, each party is given the opportunity to make an opening statement on their view and position
on the dispute at hand. Each will also make a statement on what they hope to achieve through the
mediation process.
After position statements are given, the parties are often moved into separate rooms, but this
depends on the state of things between the parties. If they are able to understand the other
party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the
parties continue engaging. But if the dialogue becomes tense or a standstill has been reached,
the parties with move to different rooms and begin negotiations privately.
The mediator chooses which party to talk to first, often choosing the party most likely to present
an opening offer. The mediator will go back and forth throughout the day negotiating terms, often
pointing out strengths and weaknesses in case, and helping the parties to decrease expectations
and cooperate. In nearly every case, the final settlement is somewhere in between the two initial
offers.
If the mediator is successful both parties give up some of their demands. But each walks out
thankful and relieved that the matter is concluded, and that they each had a hand in crafting a
fair resolution that is of benefit to each of them.
----------------------------------------------------
Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and
Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and
arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are
considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit
http://www.hmrmediation.com
Posted by J. Randall Frier http://jrandallfrier.com/
to begin the process. Because mediation is an informal process, it is likely to occur at a
neutral site, which is often the mediator's office. A neutral location is helpful because no
party involved will have immediate access to documents or staff, which tends to help each party
feel more comfortable about the fairness of the proceeding.
There is no limit to the number of people who can attend a mediation proceeding. Each party is
allowed to bring a companion, or anyone they deem important, but the fewer people in attendance,
the smoother things will go. All parties present must agree to complete confidentiality about the
process. One person on each side of the dispute must have complete authority to represent and
settle the issue. This representative should be the person with the most thorough knowledge of
the fact of the case.
The proceeding usually begins with all parties in one large room. The mediator will make an
opening speech on the rules and procedures that should be followed throughout the day. At this
point, each party is given the opportunity to make an opening statement on their view and position
on the dispute at hand. Each will also make a statement on what they hope to achieve through the
mediation process.
After position statements are given, the parties are often moved into separate rooms, but this
depends on the state of things between the parties. If they are able to understand the other
party's perspective and needs, and the exchange of views is peaceful, it may be helpful to let the
parties continue engaging. But if the dialogue becomes tense or a standstill has been reached,
the parties with move to different rooms and begin negotiations privately.
The mediator chooses which party to talk to first, often choosing the party most likely to present
an opening offer. The mediator will go back and forth throughout the day negotiating terms, often
pointing out strengths and weaknesses in case, and helping the parties to decrease expectations
and cooperate. In nearly every case, the final settlement is somewhere in between the two initial
offers.
If the mediator is successful both parties give up some of their demands. But each walks out
thankful and relieved that the matter is concluded, and that they each had a hand in crafting a
fair resolution that is of benefit to each of them.
----------------------------------------------------
Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and
Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and
arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are
considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit
http://www.hmrmediation.com
Posted by J. Randall Frier http://jrandallfrier.com/
Sunday, September 29, 2013
Why Choose Bankruptcy When You Can Have Freedom
Have you reached bankruptcy or fear you're getting there soon? Has worry engulfed you to such an extent that you cannot think of a way out? Are your credit scores shocking? Are you eager to achieve debt relief and start afresh?
Bankruptcy brings with it fear, worry and stress; and it takes away your ability to think of a practical solution to find your way out. Bankruptcy takes away the desire to have a better tomorrow and without help, you can keep sinking lower.
Why choose bankruptcy when you can achieve relief?
Why trouble yourself to find a solution amidst stress when you can rely on professional help?
Why keep turning around in circles and getting nowhere when you can start afresh?
Seeking Legal Help
The first step to overcoming bankruptcy is to make a decision to do all it takes to get you out of your dilemma. You can then proceed further by hiring the services of a professional and experienced bankruptcy lawyer, who will guide you through the entire process from the very beginning till you are on a path for a better tomorrow.
Bankruptcy lawyers possess a broad spectrum of knowledge on the different laws and regulations encompassed by bankruptcy and can efficiently help clients get out of their legal troubles successfully. Therefore, if managing your assets, payments, debt and properties is a challenge, seeking professional legal help is the most practical and effective solution.
How Can A Lawyer Help You Overcome Bankruptcy?
What begins as a case of a few late payments soon turns into innumerable financial problems on an escalated scale. Often, in your helplessness, you might give up hope on finding a way out; but there is always a way out of overcoming debt and starting afresh. Finding your way out of a financial dilemma occurs faster and with less hassle by hiring the professional services of a lawyer.
A bankruptcy lawyer can help you file for bankruptcy and can assist you in the process of discharging your debts, in compliance with Chapter 7 of the Bankruptcy Code. This includes:
- Meeting creditors to settle payment plans
- Assistance in gathering and liquidating assets
- Lowering interest ratesImproving credit scores
- Devising manageable payment structure plans
- Establishing business once again
- Completion of paper work and other legal formalities
- Managing on-going financial activities
Hiring a bankruptcy lawyer will work in your favor because you will notice a positive change in your current circumstances such as a decline in harassing letters and phone calls from creditors, a stop on foreclosures, a gradual, yet drastic, reduction of debt, control over your finances once again and the reduction of stress levels to acquire peace of mind.
Legal Services Provided by Bankruptcy Attorneys
A bankruptcy attorney or a legal firm meting out bankruptcy services can assist bankrupt individuals in the following significant areas of service:
- Filing for Bankruptcy
- Managing a Budget
- Consolidating Debt
- Refinancing
- Negotiating with Creditors
Being bankrupt does not offer you the required peace of mind to access the situation, find a way out of it and regain control once again. However, with an efficient bankruptcy lawyer, who will leave no stone unturned to relive you of your present situation, can help you find a quick and a less stressful solution to put your life back on track
Bankruptcy brings with it fear, worry and stress; and it takes away your ability to think of a practical solution to find your way out. Bankruptcy takes away the desire to have a better tomorrow and without help, you can keep sinking lower.
Why choose bankruptcy when you can achieve relief?
Why trouble yourself to find a solution amidst stress when you can rely on professional help?
Why keep turning around in circles and getting nowhere when you can start afresh?
Seeking Legal Help
The first step to overcoming bankruptcy is to make a decision to do all it takes to get you out of your dilemma. You can then proceed further by hiring the services of a professional and experienced bankruptcy lawyer, who will guide you through the entire process from the very beginning till you are on a path for a better tomorrow.
Bankruptcy lawyers possess a broad spectrum of knowledge on the different laws and regulations encompassed by bankruptcy and can efficiently help clients get out of their legal troubles successfully. Therefore, if managing your assets, payments, debt and properties is a challenge, seeking professional legal help is the most practical and effective solution.
How Can A Lawyer Help You Overcome Bankruptcy?
What begins as a case of a few late payments soon turns into innumerable financial problems on an escalated scale. Often, in your helplessness, you might give up hope on finding a way out; but there is always a way out of overcoming debt and starting afresh. Finding your way out of a financial dilemma occurs faster and with less hassle by hiring the professional services of a lawyer.
A bankruptcy lawyer can help you file for bankruptcy and can assist you in the process of discharging your debts, in compliance with Chapter 7 of the Bankruptcy Code. This includes:
- Meeting creditors to settle payment plans
- Assistance in gathering and liquidating assets
- Lowering interest ratesImproving credit scores
- Devising manageable payment structure plans
- Establishing business once again
- Completion of paper work and other legal formalities
- Managing on-going financial activities
Hiring a bankruptcy lawyer will work in your favor because you will notice a positive change in your current circumstances such as a decline in harassing letters and phone calls from creditors, a stop on foreclosures, a gradual, yet drastic, reduction of debt, control over your finances once again and the reduction of stress levels to acquire peace of mind.
Legal Services Provided by Bankruptcy Attorneys
A bankruptcy attorney or a legal firm meting out bankruptcy services can assist bankrupt individuals in the following significant areas of service:
- Filing for Bankruptcy
- Managing a Budget
- Consolidating Debt
- Refinancing
- Negotiating with Creditors
Being bankrupt does not offer you the required peace of mind to access the situation, find a way out of it and regain control once again. However, with an efficient bankruptcy lawyer, who will leave no stone unturned to relive you of your present situation, can help you find a quick and a less stressful solution to put your life back on track
J. Randall Frier has cleared various misconceptions of individuals regarding bankruptcy. He has made them believe that bankruptcy is a new beginning, and has the potential to put an end to all financial crises.
Tuesday, September 17, 2013
Protecting Secured Creditor's Rights In Bankruptcy
There are several protections under Bankruptcy Code for individuals or groups that have supplied
services or goods to a debtor on credit before a debtor's bankruptcy filing date. When done
properly, a trade creditor can increase the chances of receiving a distribution from the
bankruptcy estate by invoking these protections. If the trade creditor does not take action, the
debt might be defined as an unsecured claim. There are several different ways in which a creditor
can be protected during a bankruptcy case.
What is a Request for Administrative Expense?
The first protection is offered under Section 503(b)(9) and it is known as a Request for
Administrative Expense. If you have sold goods to a debtor within the 20 day period before the
bankruptcy case is filed, you can apply for your claims to be considered an administrative expense
priority. This is only eligible for goods and not services.
What is a Reclamation Demand?
You may also consider the potential for a Section 546(c) Reclamation Demand. This section is
broader than the first example since it is expanded the goods sold in the 45 day period prior to
the filing of the petition. In this scenario, however, the rights of sellers to reclaim goods are
often subject to prior interests of secured parties. A reclaiming seller will have to file on time
for the reclamation demand but he or she might also need to file an adversary proceeding to
prevent the debtor from using the purchased goods or from commingling the goods with other
supplies.
What is Post-Petition Assertion of Mechanics' Lines?
Finally, another option for a secured creditor is the Post-Petition Assertion of Mechanics' Lines.
States have all adopted laws regarding the protection of creditors whose labor, services,
equipment or materials were used to improve the land of the debtor.
Even when a secured creditor takes all these steps, it is important that no other action is taking
during the bankruptcy case to impair these rights. For example, a debtor might take action to sell
property free and clear of liens, and this sale would include mechanic's liens.
From the perspective of secured creditors, there have been actions taken to protect their
interests when a debtor files for bankruptcy. When used properly by an experienced attorney, the
provisions listed above can be extremely helpful in moving a case forward and having the interests
and rights of the creditor at the forefront of a bankruptcy case. A creditor must take action by
speaking with a qualified attorney from the outset.
----------------------------------------------------
If you want to make sure that your business is secured in case your debtor files for bankruptcy,
please call Ms. Bonnie Hochman Rothell at (202) 293-8200 for legal advice. Ms. Rothell chairs
Krooth & Altman's litigation group in Washington D.C. In addition to an active litigation
practice, she has been sought to find alternative dispute resolutions to complex problems. Visit
http://www.krooth.com for more information.
Posted by http://jrandallfrier.com/
services or goods to a debtor on credit before a debtor's bankruptcy filing date. When done
properly, a trade creditor can increase the chances of receiving a distribution from the
bankruptcy estate by invoking these protections. If the trade creditor does not take action, the
debt might be defined as an unsecured claim. There are several different ways in which a creditor
can be protected during a bankruptcy case.
What is a Request for Administrative Expense?
The first protection is offered under Section 503(b)(9) and it is known as a Request for
Administrative Expense. If you have sold goods to a debtor within the 20 day period before the
bankruptcy case is filed, you can apply for your claims to be considered an administrative expense
priority. This is only eligible for goods and not services.
What is a Reclamation Demand?
You may also consider the potential for a Section 546(c) Reclamation Demand. This section is
broader than the first example since it is expanded the goods sold in the 45 day period prior to
the filing of the petition. In this scenario, however, the rights of sellers to reclaim goods are
often subject to prior interests of secured parties. A reclaiming seller will have to file on time
for the reclamation demand but he or she might also need to file an adversary proceeding to
prevent the debtor from using the purchased goods or from commingling the goods with other
supplies.
What is Post-Petition Assertion of Mechanics' Lines?
Finally, another option for a secured creditor is the Post-Petition Assertion of Mechanics' Lines.
States have all adopted laws regarding the protection of creditors whose labor, services,
equipment or materials were used to improve the land of the debtor.
Even when a secured creditor takes all these steps, it is important that no other action is taking
during the bankruptcy case to impair these rights. For example, a debtor might take action to sell
property free and clear of liens, and this sale would include mechanic's liens.
From the perspective of secured creditors, there have been actions taken to protect their
interests when a debtor files for bankruptcy. When used properly by an experienced attorney, the
provisions listed above can be extremely helpful in moving a case forward and having the interests
and rights of the creditor at the forefront of a bankruptcy case. A creditor must take action by
speaking with a qualified attorney from the outset.
----------------------------------------------------
If you want to make sure that your business is secured in case your debtor files for bankruptcy,
please call Ms. Bonnie Hochman Rothell at (202) 293-8200 for legal advice. Ms. Rothell chairs
Krooth & Altman's litigation group in Washington D.C. In addition to an active litigation
practice, she has been sought to find alternative dispute resolutions to complex problems. Visit
http://www.krooth.com for more information.
Posted by http://jrandallfrier.com/
Saturday, September 14, 2013
Researching Bankruptcy
For judgment creditors, debtors filing for bankruptcy is most often very bad news. If your
judgment debtor recently filed for bankruptcy, yet seems to really be wealthy, or has already
hidden some assets; sometimes it can make sense to do some more research; in case there are
certain leads showing to possible recent and current documents of the judgment debtor's actual
assets and income. asset info may be interesting to the debtor's trustee.
Chapter Seven bankruptcy is used as the example for this article. This article is my opinion and
is not, a legal opinion. I am a judgment broker, and not a lawyer. If you ever need a strategy to
use or legal advice, you should retain an attorney that is familiar with bankruptcy law.
The creditor's Rule 2004 examination could be the start to finding important additional details
concerning any available assets your judgment debtor put on their schedules, and may help you
discover undeclared or severely undervalued available assets. Everything is dependent on you
discovering the omitted available assets, and then verifying that your judgment debtor has has not
listed their assets correctly. An example might be when the debtor lists some really valuable
items getting listed as being valued at $200 under "furniture miscellaneous" on their bankruptcy
financial schedule.
If research is performed on a bankrupted debtor and their assets; the only goal is to try to
discover enough evidence showing available assets not getting documented, or getting significantly
underestimated on their bankruptcy's available assets schedules. When this kind of proof is
discovered, a judgment owner or the creditor's lawyer might bring that news to the trustee's
attention, and perhaps schedule a hearing for a motion.
Once a judgment owner recognizes their debtor lying about disclosing their available assets with
the court, a creditor's attorney might get the right to challenge any further rulings the court
issues which allows the debtor to change their schedules.
In bankruptcy court, the playing "cards" are usually arranged in the debtor's favor. In some
cases, your debtor may choose any location in the USA to declare bankruptcy; even if just to cause
it to be harder for judgment creditors. When you want to raise your odds in bankruptcy situation,
the situation needs to be just right; and you or your lawyer need to perform a lot of work, to
attempt to move the odds toward your favor.
If it is a relatively large judgment, and there seems to be a route to certain assets; it is
usually worth performing a bit of discovery. The best results often require you to spend time
gathering and organizing whatever is already known, or can quickly discover more information about
your debtor and their assets; and (e.g.) then hiring a PI and then a lawyer.
When you've got a large judgment and some kind of trail to undisclosed available assets; you will
need information and documents that prove the assets actually should be part of their bankruptcy
estate, which most often is a benefit to all of the creditors. Think about hiring a lawyer and
also check out PACER, the unique information portal to all bankruptcy-related and federal judgment
information.
PACER's free for low volume customers, but you need to register for your online account with them.
Think about saving every important document as PDFs, and save the PDFs and at least screen shots
of the more important status result reports, in some file folder. After you register with PACER,
you can check there as often as you want. All court-related things usually progress really slowly.
----------------------------------------------------
Judgment recovery, is a collections effort, which means to collect or enforce your judgment.
Judgment buyers are available and can help with your judgment recovery efforts. Mark Shapiro of
http://www.JudgmentBuy.com - The easy, free, and best way to find the best expert to buy or
recover your judgment.
Poset by http://jrandallfrier.com/
judgment debtor recently filed for bankruptcy, yet seems to really be wealthy, or has already
hidden some assets; sometimes it can make sense to do some more research; in case there are
certain leads showing to possible recent and current documents of the judgment debtor's actual
assets and income. asset info may be interesting to the debtor's trustee.
Chapter Seven bankruptcy is used as the example for this article. This article is my opinion and
is not, a legal opinion. I am a judgment broker, and not a lawyer. If you ever need a strategy to
use or legal advice, you should retain an attorney that is familiar with bankruptcy law.
The creditor's Rule 2004 examination could be the start to finding important additional details
concerning any available assets your judgment debtor put on their schedules, and may help you
discover undeclared or severely undervalued available assets. Everything is dependent on you
discovering the omitted available assets, and then verifying that your judgment debtor has has not
listed their assets correctly. An example might be when the debtor lists some really valuable
items getting listed as being valued at $200 under "furniture miscellaneous" on their bankruptcy
financial schedule.
If research is performed on a bankrupted debtor and their assets; the only goal is to try to
discover enough evidence showing available assets not getting documented, or getting significantly
underestimated on their bankruptcy's available assets schedules. When this kind of proof is
discovered, a judgment owner or the creditor's lawyer might bring that news to the trustee's
attention, and perhaps schedule a hearing for a motion.
Once a judgment owner recognizes their debtor lying about disclosing their available assets with
the court, a creditor's attorney might get the right to challenge any further rulings the court
issues which allows the debtor to change their schedules.
In bankruptcy court, the playing "cards" are usually arranged in the debtor's favor. In some
cases, your debtor may choose any location in the USA to declare bankruptcy; even if just to cause
it to be harder for judgment creditors. When you want to raise your odds in bankruptcy situation,
the situation needs to be just right; and you or your lawyer need to perform a lot of work, to
attempt to move the odds toward your favor.
If it is a relatively large judgment, and there seems to be a route to certain assets; it is
usually worth performing a bit of discovery. The best results often require you to spend time
gathering and organizing whatever is already known, or can quickly discover more information about
your debtor and their assets; and (e.g.) then hiring a PI and then a lawyer.
When you've got a large judgment and some kind of trail to undisclosed available assets; you will
need information and documents that prove the assets actually should be part of their bankruptcy
estate, which most often is a benefit to all of the creditors. Think about hiring a lawyer and
also check out PACER, the unique information portal to all bankruptcy-related and federal judgment
information.
PACER's free for low volume customers, but you need to register for your online account with them.
Think about saving every important document as PDFs, and save the PDFs and at least screen shots
of the more important status result reports, in some file folder. After you register with PACER,
you can check there as often as you want. All court-related things usually progress really slowly.
----------------------------------------------------
Judgment recovery, is a collections effort, which means to collect or enforce your judgment.
Judgment buyers are available and can help with your judgment recovery efforts. Mark Shapiro of
http://www.JudgmentBuy.com - The easy, free, and best way to find the best expert to buy or
recover your judgment.
Poset by http://jrandallfrier.com/
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