Monday, August 5, 2013

Resolving Bankruptcy Disputes Through Mediation

The United States Bankruptcy Courts for the Northern and Southern Districts of Mississippi agree
that mediation is the best and most timely way to resolve disputes in bankruptcy cases. Mediation
is helpful in several instances such as when the bankruptcy involves a complex estate or if there
is a mortgage modification and it is difficult dealing with the lender. The courts also determined
some guidelines as to how the mediation process should work. 

Here's a look at these guidelines and how they can benefit anyone who has as dispute in a
bankruptcy case.

Mediators are neutral and are there to help facilitate negotiations. When you have two sides in
any case, sometimes there is a standoff and neither side will budge. A mediator is there to help
the two sides work their way to a resolution. While a mediator is neutral, he or she may make
settlement recommendations according to the court rules.

Once a judge has ordered mediation, all parties are required to attend, including lead counsel.
Other parties involved in the case must also be there or be available by telephone unless the
court makes an exception. If someone who is required to attend mediation does not, there could be
sanctions. 

Mediation can help a court case move faster through the system. According to the state of
Mississippi rules, once the court has ordered mediation, the parties have 21 days to schedule it.
After mediation is completed, the parties have 14 days to tell the judge if the case was settled. 

All of the negotiations in mediation are confidential and cannot be used in court. This gives the
parties the freedom to say things they might not want to say in an open court hearing. This
openness can help negotiations. Once a case goes into mediation, the parties cannot communicate
directly with the court minus a few exceptions in the case the information would present harm to
the public health or safety or the information establishes a violation of the law. 

While either party in a case can requests mediation, the presiding judge can also make a request.
Once there is an agreement, a mediator, also referred to a neutral must be selected. The parties
may agree on the mediator. If not, the court may appoint one to help negotiate the case. 

Mediation is a way to avoid a lengthy and costly jury trial in some cases. For some, it has saved
thousands of dollars and a lot of time.
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Mediation should be your first option if you are going through a bankruptcy dispute. Scott Corlew
is a trained mediator and arbitrator. He has successfully handled complex mediation and
arbitration for clients as an attorney as well. He is licensed to practice law in all State and
Federal courts in Mississippi. If you are involved in workers' compensation dispute, contact Scott
at 228-202-5176 or visit his website at http://www.corlewlaw.com

Posted by http://jrandallfrier.com/

Saturday, August 3, 2013

The Benefits Of Face-To-Face Mediation

Go to a restaurant, a doctor's waiting room or even a sporting event and you will find that some
people are not looking up at their surroundings; they are looking down at their phones or other
electronic devices. Today's world is dominated by text and emails--forms of communication that
don't require human contact face-to-face. Communication can be difficult enough person-to-person
but miscommunication can be more common in a text. For example, a text sent to someone who is
waiting for a dinner date asking, "Where are you?" could be interpreted as anger concern or just
curiosity. 

Communication is important when negotiating complex legal matters. Many people don't want to go
through the expense of a costly and possibly lengthy trial. Some people simply want to negotiate
fairly. Mediation brings both parties to the table so they can negotiate the case face-to-face. 

Mediation has the following benefits:

The parties save money. The longer a case goes on, more legal fees are incurred. Mediation can
help settle a case quickly and save court costs and legal fees.

The parties have control of the outcome. Juries are unpredictable. A jury is made up of six to
twelve people, each with their own perspective and beliefs. You may see the case one way (in some
cases the judge may agree with you and disagree with the jury) but the jurors may see it
differently. One juror may see the case differently than the rest of the panel and create a hung
jury. Anytime a case goes before a jury, there is an uncertainty as to what they will do. 

The parties keep their privacy. Mediation is confidential. You may not want to say certain things
in an open courtroom, even if they could help your case because they are personal or divulge
information you need to keep to yourself. When you negotiate in mediation, what is said cannot be
disclosed in a court proceeding unless the information is about a crime.

The parties converse in mediation. In court, attorneys are the voice of the client. During this
type of alternative dispute resolution, the clients have an opportunity to express their views. 

The parties negotiate an agreement. Mediation focuses on resolution. In a trial, the parties are
adversaries and one will "win" and one will "lose." It is designed to help each party come to an
agreement that settles the issue. 

If you are in a dispute and are considering mediation, prepare as you would a trial. After you
have reached an agreement, make sure you have it in writing.
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Take advantage of what mediation can bring when resolving a dispute. If you want the help of a
seasoned mediator, contact M. David Halpern 814-940-1565 and talk to him about your concerns.
Based in Altoona, Pennsylvania, David practices mediation and arbitration of commercial, labor,
personal injury and medical malpractice issues, both privately and for the court systems. Visit
http://www.halpernmediation.com for more information.

Posted by http://jrandallfrier.com/

Friday, August 2, 2013

Lawyers And Tips On How To Get One To Help You Out


From marriage contracts and divorces to troubles with an employer or starting a new business, many
people find that there are many times in life when they will need a lawyer. But you need to know
how to choose the right type of lawyer for whatever your situation may be. Continue reading to
learn what you need to know about lawyers.

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.

If you already have a great lawyer, ask them for advice. They can either tell you that they can
take on your case, or point you in the direction of a lawyer who will help you out. When you
already have a lawyer you trust, there is no reason to search out advice elsewhere.

Communicate with your lawyer. A good lawyer should be easy to get in touch with and call you back
quickly after you leave a voice-mail. You should not hesitate to call your lawyer to ask for some
updates or schedule regular appointments so your lawyer can give you more details on what they
have been working on.

You need to know what your legal budget is before you hire a lawyer. You have to include in this
the time spent away from work, if you don't get paid for it, to ensure you have enough to pay your
bills. Include travel costs, phone bills and other expenses which might come along.

Do not go with attorneys who regard your case as a slam-dunk win. This is a red flag for a casual,
poor quality lawyer. The law is always tricky, and you need a lawyer who is going to consider all
facets and look for any issues. Choose wisely here.

Before you hire a lawyer, see if you can resolve any dispute without one. Often people are able to
resolve their problems without having to find a lawyer. If you are not able to solve your problem
without a lawyer, then it is in your best interest to have a lawyer on your side.

Find out up front how frequently you should be in tough with your lawyer. If you need them to get
in touch with you quickly after you contact them, communicate that to them up front. If you face
this problem with your current lawyer, find a new lawyer at your earliest convenience.

Use the Internet prior to choosing an attorney. Not only can you find attorney listings and
backgrounds, but you can find a lot of legal help. Legal-focused forums exist that can give you
background information about your matter and guide you to the right specialists. Simple legal
matters, like making a will, can sometimes also be handled through legal websites.

When choosing a lawyer, remember that you are choosing a lawyer. This may sound like common sense,
but many try to choose their lawyer based on if they are friendly and warm. This is a mistake. A
good lawyer doesn't need to have the same qualities that you'd want in a friend. You need a
professional who will treat you professionally. Remember that this is nothing more or less than
another business relationship.

If you need a lawyer that specializes in a certain field, a lawyer you have on retainer should be
able to make an excellent recommendation to you. Each lawyer can be a specialist, and your
attorney can be an effective resource for locating a specialist that can assist you . If you have
a retained lawyer, he is invested in keeping you happy; therefore, he will steer you toward the
best lawyer for your case.

When meeting with a prospective attorney, ask him or her who you will primarily be talking to
about your case. In some situations, lawyers give part of their caseload to a junior associate. If
you feel you really connect with a certain attorney, suddenly finding out you will be working with
another person may be quite upsetting. These feelings could be exacerbated if you don't get along
with the other person, too.

A good tip to keep in mind when thinking about hiring a lawyer is to only hire a lawyer if you're
comfortable with the pay structure. Some lawyers might try to get you to pay a hefty retainer fee
or write a blank check. Avoid these lawyers at all costs.

You need to see about legal aid if you're not sure you have the money. The state bar association
or legal aid referral agencies have access to attorneys who will work for free, which is generally
referred to as pro bono work. These lawyers volunteer some of their time to help the public. You
can find the number to the legal aid office in your city by browsing the white pages.

Finding a good lawyer will require you to do more than open the phone book. You are going to have
to get referrals from people you know. Also, be sure to look up reviews from former clients
online. Spend the necessary time finding a lawyer that specializes in what you need him for.

Don't let money be the motivator when you hire a lawyer. Think about it this way: if your case
does not work out, will it matter how much the lawyer cost? You need a lawyer that can help you
prevail, and one who can do that better than anyone else. Money should be a consideration, but not
the only one.

Talk to your lawyer about the predicted timeline. Ask them for a time frame of how long it is
going to take for a resolution to your case. It is crucial that you understand and know what to
expect. The rates for your legal needs will escalate with time, and your life can be impacted
financially during your case when your money is on hold.

Before you ever sign up with a lawyer, establish the method by which you will communicate along
with a timeline. You should not have to wait lengthy periods of time for feedback from your
lawyer. Additionally, if you are more comfortable e-mailing than talking on the phone, this should
be the method of communication used. Remember that you are the one paying the bill!

There is no denying the fact that lawyers and the work they do can strike fear in the hearts of
just about anyone. However, if you take the time to educate yourself about finding and working
cooperatively with a lawyer, you stand to benefit a great deal. With any luck, the piece above has
provided the information you needed.

It's inevitable: sooner or later, everyone of us will need a lawyer. Whether it's for custody
problems, being fired for no reason, or just to get your spouse off your back, everyone needs law
advice now and then. Who can afford those high consultation prices, though? So, I have scoured the
internet- so you don't have to- and found the top four places that anyone can get free lawyer
advice.
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Lawyers And Tips On How To Get One To Help You Out. Read more about http://freelawyeradvice.biz

Posted by http://jrandallfrier.com/

Tuesday, July 30, 2013

Bankruptcy Attorney


Bankruptcy may be voluntarily declared or induced by the financial debtors. Whatever the means, it can a low phase in an individual’s life or be extremely damaging   for a company or a business organization‘s reputation, when bankruptcy befalls on the company. Bankruptcy brings along its own share of legal pitfalls and messy situations. In such circumstances, a reliable and reputed bankruptcy attorney would be a sensible hire.
How would a competent Bankruptcy Attorney Help?
 An experienced Bankruptcy attorney would be able to fill any glaring loopholes in your bankruptcy settlement and provide sound advice on how to tackle any legal matter arising post bankruptcy.
Bankruptcy invites some unwarranted attention and action from creditors, banks, financial institutions, loan sharks, clients, shareholders and property dealers. A bankruptcy attorney would be able to know how to react and handle such crisis within legal realm and provide a proper response accordingly.
Bankruptcy is declared when the company is running in consistent loses and is unable to pay back its loan or dues to the creditors. A qualified bankruptcy attorney would be able to devise an arrangement to dissolve the company, in a manner to cut maximum loses and reimburse the credit. In some cases, he may be able to revive business or save property post remuneration.
An individual facing bankruptcy would also be able to benefit from a bankruptcy lawyer tremendously. The attorney may be able to reorganize his debts or eliminate secondary financial crisis such as house loan, pending credit card debts. He would be able to profitably see through the sale of his automobile or property, if any.
A bankruptcy attorney would also double up as a foreclosure property consultant.
The Qualities of a suitable bankruptcy Attorney
An attorney is only as good as his best-laid advice. Hence an effective bankruptcy attorney should possess apt qualities such as
1.    Preparedness
He should be aware of his client’s financial portfolio, the drawbacks of his current situation and devised the best plan to resolve his client’s bankruptcy issue.

2.    Reliability
He should be reliable enough to not misuse his privilege as an attorney, privy to his client’s information and take every step keeping in mind his client’s benefit.

3.    Confidentiality
He should be able to maintain full or partial disclosure of his client’s financial portfolio or situation, as per the client’s discretion.

4.    Accessibility
A client, on the brink of bankruptcy never knows when the security rug would be pulled from under his feet and how. Hence an attorney that is easily accessible and communication effective will be a great asset. The attorney should be available to his client in times of need and to provide counsel during   important legal meetings.


 J.Randall Frier is one such experienced and qualified bankruptcy attorney, running a successful practice in Talhassee, Florida. He has over 23 years of experience in debt relief related to corporate and individual bankruptcy. His consultation and advice would work as a savior during your tidal bankruptcy crisis.  Call (850) 894-2084 for a free consultation or to avail his legal expertise.
Posted by J. Randall Frier

Advocate Counsel on Bankruptcy Claims


Sometimes life deals you bad cards. The unique vision start-up company of yours runs into losses and you are obliged to file bankruptcy. Being downsized in this fluctuating economy makes it impossible for you to pay your house mortgages. Sharp reprimands from your creditors force you to take the next logical step of declaring bankruptcy. Lousy planning and an incompetent managerial board caused you your business empire and your run-to-the ground corporation is labeled bankrupt.  Bankruptcy is a double edge sword and if you are not careful and aware, you would be at a risk of losing much more than your finances and reputation. This may seem like a long winding tunnel but like there is light at the end of every tunnel, a lot can be salvaged during and post bankruptcy, if you play the right cards.
Bankruptcy is a very generic term. Under the huge bankruptcy umbrella term, there lie numerous sub-sets of bankruptcy clauses, laws, provisions and defense tactics. As a layman, it is not possible to cram up the long-and-short of each and every clause. However, it would be smart to at least know your best possible options which will lead to minimal damage and quick recovery. This depends upon how you choose to file your bankruptcy claim
v  Imagine that a financial crisis got you to your current situation and you would like to get past this hurdle quickly. For you, filling a Chapter 7 claim would be most beneficial. In such a claim, your credibility would take a hit and the bankruptcy stamp would stay on your record for around a decade .However, you would be able to retain all your existing properties and it would shield you from threatening lawsuits.
v  In case you would like to prevent your painstakingly built company and accumulated property from being liquidated, choosing Chapter 11 bankruptcy would be a sensible option. This option will allow you to retain control over your company assets and continue business as usual, with continuous legal supervision.
v  Chapter 12 bankruptcy option works best for farm owners and small business entrepreneurs. It would cost them a fraction of the legal expenses and they would be provided some financial relief in terms of an income.
v  Chapter 13 bankruptcy filing allows mortgage defaulters to reschedule debts and work out an extended payment plan. This also provides protection to external parties who are indirectly related to the owner’s debt payments.
v  If you are on the verge of losing your house due to a default in home loan or mortgage payment, considering pre foreclosure sale is the way to go. You can sell your house to a suitable buyer and close your default before the lender claims ownership of your house and auctions it off. A pre foreclosure sale provides you with an opportunity to choose the buyer and negotiate on a mutually profitable deal.

Make a wise decision and to further facilitate it, choose an experienced Bankruptcy attorney to represent you. Consult one like J. Randall Frier, a successful North Atlanta bankruptcy attorney, well known for his debt relief related counsel.
Posted by J. Randall Frier

What Can A Real Estate Lawyer Provide?

Have you at any time had to employ a real estate lawyer? You may have had problems about selling
or buying a home which had way too many legal issues however you might have never imagined such a
branch of legislation and group of legal professionals existed. Considering their knowledge of
real estate regulations in the city, your real estate property issue before could have been
resolved in a faster and more reliable fashion. 

Nowadays, it is vital to hire real estate attorneys in managing any real estate property sale or
purchase since it is viewed as an essential investment. Undoubtedly employing real estate
attorneys could help a whole lot in the negotiation of real estate problems regarding properties
including the least expensive apartment rental to the most expensive loft apartments offered
within the city. Take a peek of a few of their services:

Residential Real Estate Services

Selling, purchasing or leasing home properties in a place are included in residential real estate
services. Furthermore this may consist of but not restricted to various types of residential homes
in the place such as detached homes, duplexes, condo units, town houses, apartments, apartment
lofts, lofts and others. Residential real estate services consist of well-known cases just like
these:

Properties of separated partners or just married couples

Properties with 2 or more owners

Properties with liens and unsettled balances 

Properties that are situated in unsafe areas (next to power stations, manufacturing companies,
railroad track, close to bridges and highways and etc)

Properties requiring updates and repairs 

Properties with departed legitimate owner

Properties which are going to be acquired by the banking company

Properties which will be acquired by a lending company

And so much more

Commercial Properties Real Estate Services 

From filing services and comprehensive property assessments, real estate lawyers could furthermore
offer other services that will help their clients start their business:

Properties which are attributable to a separation or a marriage

Properties bought by 2 or more folks

Properties having liens and past due balances 

Properties that are located in unsafe places (around power stations, manufacturing companies,
railways, close to highways and bridges and etc)

Properties that have changes and repairs 

Properties whose original owner has fairly recently deceased

Properties that are going to be developed into a food food related enterprise. 

Properties which will be developed into a production company 

Properties which are going to be made into a healthcare center 

Properties that will be made into a university or educational center

And so many more

These services are conducted by these real estate lawyers in a very skilled way as they likewise
thought of the welfare of their customers. From very careful assessment of any property to getting
the most suitable customer for a house to be sold, you will be confident that you are doing the
proper decision when you seek the services of real estate attorneys.----------------------------------------------------
Therefore what's taking you so long? If a little budget restricts you from obtaining legal support
for your real estate issues then the very best thing to do is to hire affordable and reliable
legal help from real estate lawyers in Chicago. Kindly click here:
http://www.chicagorealestateattorney.org

Posted by J. Randall Frier

Procedures Used To Establish Spousal Support

Using the services of the divorce lawyer specifically if you may not be certain regarding things
can help you determine if divorce money is applicable for your needs. This is because despite the
fact that lengthier unions are controlled by this most often, there have been instances where
brief unions warrant spousal support. 

The only method to be positive about this may be to employ your divorce lawyer who can aid you
work out the details for the best deal to suit your needs. However, it is ideal to determine the
possible issues you may need to resolve prior to deciding the matter. If you are having a
separation, one of several questions on your head could possibly be whether or not you are likely
to collect or need to pay spousal support. 

Even though spousal support is generally covered for the lifetime of making payment on the other
half when the beneficiary doesn't remarry, the procedure can vary in case to case bases. This
might be one of your concerns right after conclusions are produced; if you must compensate or
receive spousal assistance. 

Each person's expenses as well as salaries are just two of the potential aspects taken into
consideration about spousal support. The spouse who is generating a greater revenue will be the
one to pay; this is to be certain that each of the wages are practically the same. 

Think about the idea that there are many of couples that have to pay off compared to others when
you end up uncertain whether or not to collect or compensate spousal support. The partner is most
likely to cover the spousal support and child support in instances where the other spouse should
stay home and care for the kids as an alternative to working. This will also employ when the other
partner has a mental or physical health condition thus hindering the person to work. 

While your divorce attorney can provide you with an anticipated quantity regarding alimony
obligations, generally there really isn't any method that establishes the quantity to be paid for.
Generally, the legal court determines the correct amount depending on the every single separation
trial's situation. 

The money-earning capacity of each spouse is a component that is vital in establishing spousal
support; and it will be considered once an individual is generating more cash compared to other.
This is true in instances where a partner is kept from making money due to a few problems. 

You definitely require a lawyer's help in getting your desired results whether or not having to
pay or acquiring spousal support; otherwise there exists a potential that you may turn out getting
less cash as compared to you are anticipated.
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If you need to entirely grasp more details on the way in which divorce laws is used it is best to
speak to a divorce firm or visit our page at http://www.ecsupremecourt.org. Counsellors aimed at a
range of facets of laws will never be thought of as highly relevant to statutory shifts.
Posted by J. Randall Frier