Friday, August 30, 2013

What is Chapter 11 Bankruptcy?

Copyright (c) 2013 Eli Gali

With Detroit's recent and very public record-breaking municipal bankruptcy filing, a lot of people
are wondering what types of bankruptcies may be applicable to them if they have a financially
distressed corporation, partnership or limited liability company. This article will explore the
intricacies of a Chapter 11 bankruptcy.

Although Detroit is entering a Chapter 9 bankruptcy, Chapter 11 bankruptcies are usually the ones
that are attracting all of the attention when they happen. Back during the financial crisis in
2008 and 2009, several very large corporations fell victim to the downturn in the economy and
needed to enter Chapter 11 bankruptcy. Chrysler saw sales decline in 2008 and filed on April 30,
2009 with nearly $40 billion in assets. GM, like Chrysler, had to go through a bankruptcy on June
1, 2009 with $91 billion in assets. The fourth largest investment bank in the United States,
Lehman Brothers, fell on Sept. 15, 2008 with $691 billion in assets.

Chapter 11 bankruptcies need to be filed in bankruptcy court and are usually voluntary in nature.
Sometimes, creditors will force a defaulting debtor into an involuntary Chapter 11 if they believe
that it is in their best interest. As was mentioned previously, mostly corporations, partnerships
and limited liability companies enter Chapter 11. Individuals that do not have too much debt or
income usually file under Chapter 7 or 13 in order to save time and money. Chapter 11 bankruptcies
can take from six months to two years before they conclude.

After a company has filed for bankruptcy, then the court makes all major decisions for the
company from that point forward. The court is now in charge of most of the company's operations
and must grant any sales of the company's assets, cancelling of any leases, terminating or
increasing business endeavors, signing of contracts and the payment of any lawyers or other
business professionals. Creditors may be for or against any of the court's actions and if
necessary, may provide insight to the court on how it should proceed with certain items. Unsecured
creditors must form a committee that may grant them similar input with the court.

Typically, a debtor has four months after filing in order to propose a business restructuring
plan. If the court decides that the company's reorganization plan has merit, it may extend the
debtor's timeline to file Chapter 11 for an additional 18 months. Usually, most restructuring
plans entail downsizing the business in order to minimize expenses and begin to satisfy the
company debts, although sometimes a complete termination of operations and a sale of company's
assets is the only course of action. Under the restructuring plan, the company must prove that the
plan is feasible, has been proposed in good faith, be in the best interest of the creditors and be
fair and equitable. 

All situations are different for each company, but the ultimate goal for a company wishing to
stay in business is to have most, if not all, of the company's creditors financially satisfied
while at the same time continuing their business operations. Sometimes companies succeed and come
out of Chapter 11 bankruptcy with a 'slimmed-down' version of itself and sometimes meeting the
'best interests' of the creditors forces them to shut down completely. Studies show that only
about 10 to 15 percent of Chapter 11 situations result in a successful restructuring.

To learn more about the Chapter 11 restructuring process, contact a qualified a corporate
bankruptcy law attorney.
----------------------------------------------------
Eric Terry Law ("ET Law") 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 http://jrandallfrier.com/

Monday, August 26, 2013

Why Choose Bankruptcy

Financial troubles can bring a lot of stress to life. In excessive financial stress people tend to
keep away from bad reputation and complications. Due to false negative aspects of filing a
bankruptcy, people stay away from it even in worse financial situations. For most individuals,
filing a bankruptcy is often the last resort, when negotiations and financial counseling fail to
provide any relief.  Also, people do not realize that debt negotiation services can be fraudulent
at times, and can put them into even bigger problems.

Despite the negative publicity revolving around bankruptcy, it can be the best option if you get
proper legal advice from a bankruptcy attorney.

Benefits of Filing a Bankruptcy

    Relief from creditors' phone calls
    Distressing phone calls from creditors often add to debtors' worries. Once a bankruptcy is
filed, creditors are not allowed to contact the debtors. They can no longer call you or email you.
Even if they do, they will face severe legal repercussions.

    Foreclosure intervention
    Homeowners, who are trying hard to pay their mortgage expenses, are constantly facing the
fear of foreclosures. In such situations, if a Chapter 13 bankruptcy is filed, the fear of
foreclosure will vanish. A good foreclosure defense attorney will help you to restructure your
debt plan so that you will be able to catch up with your mortgage payments.

    Eliminating IRS taxes
    Chapter 13 Bankruptcy can discharge your IRS taxes with new tax debts. A Chapter 13
Bankruptcy will also allow individuals to pay back their debt over the span of 3-5 years while
holding back the penalties and IRS interest.

    Eliminating credit card debts
    Both Chapter 7 and Chapter 13 bankruptcy can end credit card payments. With the help of an
experienced debt relief attorney, you may even qualify for complete credit card debt discharge in
Chapter 7. Chapter 13 requires you to pay a part of or all of your credit card debts through a
repayment plan suggested by lawyers under the protection of court. Moreover, all the payments
would be free of any interest rate.

    Preventing repossession
    If you have taken a car loan that you are unable to repay, the car creditor has full rights
to recall your vehicle and even sell it later on. But once you file a Chapter 13 bankruptcy, the
creditor will not be able to repossess your car. If your vehicle has been already repossessed,
Chapter 13 prevents the creditor from selling it to anyone. Then, with a structured repayment plan
you can get your car back with timely payments.

These are just a few benefits of filing a bankruptcy. There are many more advantages which you
will get know and experience only with the help of a good bankruptcy lawyer. One who is highly
experienced and has provided outstanding debt relief services to several decent people saddled
with debt.
----------------------------------------------------
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. http://jrandallfrier.com/

Tuesday, August 13, 2013

Get A Lawyer That You Can Trust

Dealing with lawyers can be a scary, somewhat intimidating experience for many people. The fact
is, however, that by acquiring a little bit of education on the subject, you really can feel
confident and knowledgeable the next time you need to seek legal advice. Keep reading to get the
foundation you need to proceed.

Make a budget when it comes to paying for legal fees. If you contact an attorney and they are
above your price range, try to find someone else. While there is nothing wrong with going a little
over your budget, you do not want to choose a lawyer that you will have trouble trying to pay.

A good tip to keep in mind when thinking about hiring a lawyer is to write down several questions
that you wish to ask him or her. You want to find out what their philosophy is and so on, and
asking questions will help give you a clear idea about them.

A good criteria in choosing a lawyer is how accessible he is on a normal day. A common complaint
among people is that their lawyer is hard to reach. You want to avoid being left wondering what's
going just because he is out playing golf.

Try to educate yourself on what you are dealing with. You should not be relying solely on the
lawyer to plan and construct your case. Obviously, they will have more knowledge and experience
dealing with your situation, but if you are prepared, you can work together as a team to get the
win.

Make sure your attorney has won other cases similar to yours before you sign a contract. Simply
because your lawyer may be knowledgeable about your case doesn't guarantee he or she is the right
candidate for it. If this knowledge can't be found online, don't hesitate to ask your potential
lawyer for any questions. He or she should be more than happy to provide you with these answers.
Otherwise, run away!

Do your homework in trying to find a lawyer. If you need a specialist, do not just rely on the
references of your general practitioner. Do background checks, ask around those you know with
personal experiences or legal connections. Putting in the time to hire a good lawyer usually means
a better outcome they eventually give you in return.

If you need legal help, don't necessarily use the lawyer you have worked with in the past. You may
need a particular type of attorney, someone who specializes in the type of case you are involved
in. Don't worry, though. A specialist isn't necessarily expensive, so you should be able to afford
what you need.

Set up a good communication system with your lawyer first thing. Lawyers are busy people, and your
case may be one of many. If you haven't established an expectation for communication, then you may
be forgotten. So set it up during the first meeting. Make sure your expectation is clear.

Only use attorneys that are trustworthy. This is especially important for financial and business
matters. They may ask for retaining fees and blank checks. You literally are putting your
financial future in the hands of the lawyer. You should protect your own well-being.

Even if someone has a reputation for being top notch in their field, this doesn't necessarily mean
they are right for your particular case. You're going to need their expert opinions and skills;
however, you should also note that you're going to spend lots of time with them. You need to
communicate with them personally for things to work out.

You should never hire a lawyer from an advertisement that you have seen on television, seen in the
phone book or heard on the radio. This is really no indication of how good of lawyer they are.
Research the lawyer's legal background and read reviews from their peers to determine if they are
right for you.

Even if you've already hired a lawyer, if you don't like them, it's time to fire them. If you feel
this way, you're obviously not getting the treatment and service you desire, so there is no point
in paying them any further. You want someone you can trust and be comfortable with, so move on.

If you cannot afford a lawyer, consider representing yourself. Find a lawyer who is willing to
help you prepare a good defense and give use some useful advice. Some lawyers will help you build
a solid defense and bill you for a the few hours they spent working with you.

It is certainly the case for many individuals that communicating with lawyers is no simple task.
The truth, however, is that if you spend a little time learning about what makes for a good lawyer
and how you can deal effectively with those in the legal profession, you can build a mutually
beneficial relationship. With any luck, you now have sufficient knowledge to move ahead
comfortably.
----------------------------------------------------
Get A Lawyer That You Can Trust. Check here
http://freelawyeradvice.biz/needing-a-bankruptcy-lawyer-does-not-mean-an-end-to-everything-you-own

Posted by http://jrandallfrier.com/

Sunday, August 11, 2013

Basic Steps in Proper Administration of Estates

It can happen that you will be asked to manage the financial and property concerns of your next of
kin who meets an untimely death. This can be an issue especially if you have no experience or
knowledge of estate administration. Legal terminologies are hard to understand. Documentation is
another tough job. Hence, you need some orientation to help you with this responsibility if you
suddenly find yourself as an instant administrator or executor.

First and foremost, all deaths should be registered with the Registrar of Deaths. Get copies of
the death certificate. At the same time, the appropriate funeral arrangements should be made if
there is no funeral service manager. Look for the will of your deceased relative. This valuable
document is usually kept in a bank, solicitor or entrusted to a professional counselor. The will
names the designated administrator. The courts will have to decide if nobody has been assigned by
the estate owner. 

All documents of the departed should be gathered and reviewed thoroughly particularly for tax
purposes. Pay all necessary taxes to avoid any problems. You will need a grant of probate or the
issuance of probate registry (letters of administration). This serves as lawful confirmation of
the will's authenticity along with the right of heirs or beneficiaries. You also have to find out
about all financial transactions of the estate owner mainly for purposes of inheritance tax. 

This includes trusts or partnerships where the deceased had a pecuniary interest. Domestic bills,
mortgages, loans and funeral costs are considered estate liabilities and are classified as
deductions against taxes. The assets have to be collected and financial obligations settled. The
beneficiaries are then advised of the entitlement from the estate.

Consult a lawyer immediately to help you in the probate procedures. This legal expert will
indentify and inform you the assets of the deceased that need to be placed under probate status.
Life insurance, assets in trust, and mutually-owned assets do not fall under this category. The
attorney is the best person to provide assistance especially if this is your first encounter with
concerns such as validity of wills.

It is also necessary to secure the required papers from the Register of Wills. This will confirm
your designation as personal representative for estate administration. Keep in mind that you
cannot allocate assets unless all financial obligations have been paid. You are always accountable
for any consequences arising from the ill-advised distribution.
----------------------------------------------------
To learn more about trust administration services Perth, WA, click on the links below:

http://www.estateadmin.com.au/trust-administration-services-perth/
http://www.estateadmin.com.au/sitemap/

Posted by http://jrandallfrier.com/

Saturday, August 10, 2013

Hiring A Lawyer Does Not Have To Be Hard

Some of the most difficult times of your life will arise out of time spent in court. Make things
easier on yourself by choosing someone to represent you that can make a strong case in your
defense. Read this article to choose the right lawyer for any situation you may find yourself in.

Try to avoid a lawyer that does not have a specific area of law they specialize in. There are
lawyers all over that specialize in different fields of study. Hiring one of them will increase
your chances of success since the person you hire will know exactly what they are doing once they
step into the courtroom.

You have a right to expect clear, consistent communication with your lawyer. He or she should be
able to give you a general summery of what you can expect in terms of your case, as well as what
potential issues might arise and what could be done to remedy these issues.

A general practitioner is not always your best option. You might have a good lawyer you trust, but
do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no
experience with. Do not hesitate to ask your usual lawyer for a referral.

When searching for a lawyer who specializes in business, try getting recommendations from
businesses. Businesses that frequently interact with lawyers may be able to recommend good ones to
contact. When dealing with a small business legal situation, talk to your financial adviser or
accountant. These people constantly interact with lawyers and may give you informed judgements.

If you have been in an accident, do not hire any lawyer that comes to you and tries to solicit
your business. This is not only unethical, but it is against the law. You do not want to hire
anyone to handle your legal case if you have to worry about their legal ethics.

When you hire a lawyer, make sure they're easy to communicate with. You need to be sure you can
get in touch when you need them the most. I had a lawyer once who disappeared for a month!
Checking reviews can help you find a lawyer, who is a good communicator.

Look for a lawyer who focuses on your area of need. Most lawyers will specialize in one form of
law or another. If you are looking for help with child support or custody, look for a family
lawyer. If you need help with housing, you'll need a real estate lawyer.

Be patient. If you need a lawyer, you are likely to be a ball of nerves. Don't let that rush you
into choosing the first lawyer you run into. Take your time and do the research that will lead you
to someone who is the best for your case and your pocketbook.

Do not go to Housing court unprepared. That includes having a lawyer by your side. Housing courts
are confusing and filled with red tape. Even the slightest misstep can cost your your living
arrangements. The law for housing courts can vary from city to city, so a lawyer is your strongest
asset.

It is difficult to attract lawyers when you suing based on principle rather than on money. This
can only leave you negatively labelled by your lawyer. Bringing a lawsuit is about the money,
essentially. Winning on principle is just a bonus.

If you don't feel comfortable with a potential lawyer, don't select him or her. Even if this
person has seemingly the best qualifications, if your personalities aren't jiving it could lead to
some tough times ahead. Find a lawyer that works for you. He or she is out there.

Never sign blank checks or retainer fees that are presented to you by a lawyer. When you do this,
you are not agreeing to any sum of money. Instead, you are completely trusting that your lawyer
will spend whatever money is necessary for winning your case. Although you want to hire a lawyer
you trust, you should not put this much trust into anyone you work with. Instead, agree to set
fees so that you know how much money you will spend.

There are lawyers for many specific kinds of cases, and despite any jokes, lawyers should be
interested in justice. Instead of increasing the stress surrounding your situation, make things go
smoothly. Remember the tips in this article so you can choose the best lawyer for you and get out
on top!
----------------------------------------------------
Excellent Advice If You're Seeking Out A Lawyer. Check here
http://freelawyeradvice.biz/bankruptcy-lawyer-could-be-an-important-piece-of-your-financial-troubles

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Wednesday, August 7, 2013

Why Real Estate Attorneys Can Certainly Help Property Owners?

Saving money is "in" nowadays specifically when looking for the most suitable help is quite hard
to do. There is a tough competition in terms of selling your home or real estate. How can you
contend with the characteristics, utilities and prices of apartments when your own house is barely
noticeable? Hence, assistance from a real estate lawyer is significant. 

You acquire legal assistance to sort out all legal issues of your property or home when you hire
real estate attorneys in addition you will also be capable to reduce costs as well. Listed here
are a number of tips to consider: 

With the help of real estate attorneys you can acquire the perfect selling price for your property
or home. How do you really obtain the perfect selling price for your house? One is by means of
evaluating the real condition of your property or home. In so doing, it is going to help you
determine the requirements of your property or home as a result providing you adequate time to
focus on these needs. This move can make your house more noticeable.

Careful assessment consideration of the structural issues, repairs and revisions to your house,
you may choose to make repairs and upgrades to enhance the value of your house or you may simply
choose to deduct these from the set market price so that your home can be sold immediately.

With a real estate lawyer you will be able to resolve any legal concern and liability of your
house. Because they are experts in this field they could recommend several options for you.
Furthermore, when considering selling your house they can direct you towards securing all legal
document required for this matter.

A home that has no legal problems and liabilities may be sold with a "clean" title and this may
also be included in the total market value of the property or home. Buyers are excited to see (and
buy) clean real estate considering that this implies they will also have nothing at all to be
anxious about. Not only will this enable you to make money from your sale but it will likewise
save you from any big legal responsibility. And so it is truly crucial not to disregard these
legal matters about real estate.

With real estate legal professionals, you are working with local help and there is nothing more
affordable than dealing with local folks.You don't have to pay for extra fees such as mileage,
fuel and particular filing fees given that your real estate lawyer is already located inside the
city. Lastly is, you could get in touch with them quickly about your concerns due to the fact
their law agency or offices aren't far plus telephone calls have no fees. Definitely all these
will eventually save you cash.
----------------------------------------------------
So the next time legal real estate problems arise, do not hesitate to get the services of a real
estate lawyer within the city. Bear in mind that a property is going to be very easily selected or
bought if it is free from any legal issues and well managed. Kindly read more here for more info:
http://www.chicagorealestateattorney.org

Posted by http://jrandallfrier.com/