Monday, May 27, 2013

A Peek At Individual Bankruptcy And What To Expect

It goes without saying, one of the most difficult decisions that you could have is actually
whether to file for bankruptcy. For people, you will find basically two types of individual
bankruptcy, which includes Chapter seven as well as Chapter 13. Designed to provide the filer a
brand new start in life by cleaning out particular debts, the Chapter seven bankruptcy will rid
the filer of credit card along with other unsecured debt. A chapter thirteen bankruptcy, on the
other hand, is a court approved repayment plan in which the filer is mad to repay a established
proportion of the debt. The decion which chapter to file is going to be in line with the filer's
disposable income, if any, after having to pay their own required monthly bills.

Obviously, when lots of people file for bankruptcy, their own very first thoughts of their assets
and can fork over their own home. In a Chapter thirteen repayment plan, nearly all filers can
maintain their home in return for paying back some of the debts. A Chapter 7, however, is designed
to be a liquidation procedure that usually results in the getting rid of non-exempt property.
Which property is non-exempt in a personal bankruptcy proceeding? Each state offers it's very own
laws pertaining to the quantity of property which an individual or even husband and wife will keep
and never have to be worried about it becoming liquidated.

Without a doubt, the recognized bankruptcy process begins upon submitting a petition along with
the neighborhood bankruptcy court. This can either be done individually, also known as pro se, or
even by using an attorney. For most, hiring an attorney is the very best way to make sure that
every form is completed accurately as well as to make certain their assets are safe much as can be
possible. Upon the submitting available bankruptcy petition, the court will allocate a trustee to
the situation and will set a date for a Meeting of the Creditors.

Additionally, child support, alimony, recently accrued back taxes, financial loans availed through
students, big buys made recently as well as fees and penalties or even fines of government
departments can't be evaded through filing bankruptcy. A negotiation with all the creditors to
lessen the actual degree of monthly payments ought to be investigated just before filing personal
bankruptcy.

Following the actual Meeting of the Creditors, often referred to as the 341 meeting, the actual
creditors may have thirty days to object to the filers home exemptions as well as an additional 30
days to object to the discharge when the filing is a Chapter seven bankruptcy. In a Chapter 13
proceeding, lenders may object to the payment plan however the release won't be given before
repayment plan's complete. A Chapter 13 bankruptcy can last for approximately 5 years before the
obligations are completed and a discharge is actually issued. Following the discharge, the
bankruptcy case will be closed and the procedure is going to be complete.

In reality, this post is for use for informational purposes only. It shouldn't be used, instead of
or even along with professional legal advice regarding bankruptcy. Anyone who is considering
filing a petition for either personal or even business bankruptcy ought to seek advice from an
authorized attorney in their area for more info and/or lawful advice.
----------------------------------------------------
Be certain to go to http://bankruptcyattorneyogden.org for additional tips about how to look for a
bankruptcy attorney Ogden and also have a great lawyer to help you.

Posted by J. Randall Frier

Friday, April 12, 2013

7 Reasons Why You Need a Legal Will

Writing a Will is the last thing on many people's minds, not least because no one wants to think
of dying. However, it is one of the facts of life that we shall all pass on one day. Some people
believe that a Will is only for wealthy people and some dismiss it because they don't have
children. The truth of the matter is that everybody needs a Will. Here are some reasons why.

Firstly, your Will is the instructing instrument used to direct your estate and how you want
your property to be distributed or shared upon your death. If you do not have a Will, this
decision will be made according to legislation. Without a Will, you do not get to decide who gets
what, and individuals may get far less than you intended than if you had clearly stated in the
Will what you wished to occur. Additionally, you may intend to leave money for other things, such
as your favourite charity organisation or funds to further your business. This may be difficult to
achieve unless specifically stated in a Will.

Secondly, it often costs a few hundred dollars to draft a Will. However, if you die and do not
have a Will there may be a lot of confusion and possibly disagreement amongst your family members
as to the sharing of your property. This could cause disharmony. These cases often go to court and
this could cost thousands of dollars in court costs and legal fees. Court proceedings could also
extend for a long period.

Thirdly, if you have a Will, you can pick a trusted friend or family member to execute your
wishes, and your attorney or lawyer will ensure that your wishes are enforced.

Fourthly, your Will is an ongoing document after your death. It gives you legal authority. For
example, you can state how much money you want to go to each one of your children and when.
Without this legal document, your children may get it all at once, leaving them with nothing in
the future.

Fifth, you may intent to leave money for other things, such as for your favorites charity
organization, to further your business etc. These wishes would never be accomplished unless
specifically stated in a will. 

Sixth, you can indicate in your Will who you want to care for your children. Without a Will,
there may be custody battles as to who can have guardianship of your children.

Lastly, without a will, harmony may be lost in your household. This is because your family
members may end up fighting over your money and properties. With a will, this could easily be
avoided.
----------------------------------------------------
I'm not a lawyer; this is just general life advice not legal advice. You really must get your
legally binding Will done by a professional lawyer, preferably one with expertise in Wills and
Probate. If you live in Perth, then have a talk to the guys at O'Sullivan Law who are experienced
in Wills and can produce a watertight Will no matter how complex.http://divorcelawyerperth.com/

Posted by J. Randall Frier

Saturday, March 30, 2013

How Should You Deal With Debt Collectors?

Judgments can be much more powerful than a debt. A judgment may be utilized to grab (garnish) part
of your wages or your bank account, and occasionally auction off your assets at a Sheriff's sale,
to satisfy their judgment. Judgments can get recovered without a phone call or letter to you.
Debts can't be used to levy your property, unless and until you are sued, to transform your debt
into a judgment. 

Debts (not a judgment) are usually recovered by mailing you and telephoning you; and occasionally
suing you. My articles are my opinions and are not, legal advice. I'm a judgment referral expert,
and not a lawyer. If you ever want a strategy to use or legal advice, please retain an attorney.

Debts and judgments both do expire, although their expiration times are usually different, and
judgments can most often be renewed. If your creditor sues you to win their new judgment, that
judgment timeline starts fresh.

When your SOL (debt collection Statute Of Limitations) is expired, tell the debt collector that;
and that should wake them up. What is the Statute Of Limitations in your state? A web search will
quickly provide this answer. The state average nationwide is close to five years. When the Statute
Of Limitations has not run out, and you cannot repay your debt in full, then you can attempt to
negotiate and attempt to settle the debt.

There are laws that limit what collectors may do, however if you owe money; you have to expect
the creditors to try to collect. most debt collectors follow every law. However, some do not, and
it is best to learn the federal and state debt collection laws. A search on the web will list the
laws, however some basics on how to deal with debt collectors are:

1) Remember your own financial situation, and don't offer a settlement for more than you could
handle. With some folks, it is a matter of which debt collector to try to pay back first. The
creditors that are consistently nice, or have leverage (as an example those planning to sue you
to win a judgment) are more likely to get some payment, than rude debt collectors with no actual
leverage.

2) Explain your financial situation. When you cannot repay them in full, tell them the reason.
Share with the creditor some evidence that you have experienced a financial hardship, and don't
have the money required to repay the total amount. Do not waste your time on trivia, your life's
story; or how wrong the debt was, unless there was really some mistake made which you can
document. 

3) Remember your rights. These kind of rights include that debt collectors can't contact you
prior to 9 AM and later than 9 PM, or threaten you with jail time, or threaten to sue you unless
they actually are prepared to sue you. When your rights gets violated, inform that debt collector
that you are aware of your rights, and that you can take the required legal actions if they are
needed.

4) As much as possible, try to keep communications in writing. Consider sending any letters with
certified mail using return receipt request. When you need to use a telephone, write down the
name of any individual you have talked with, and the time of each call. This may later come in
handy.

5) Do not pay anything without having a written agreement in place. Whatever is not in writing
can turn into some kind of miscommunication.

6) Until there's an actual judgment lodged against you, you don't need to give the debt collector
any personal info; for example the place that you work. (If somebody gets a judgment, they may
schedule a judgment debtor examination and document subpoenas to learn your income and finances.)

7) Stay patient, the majority of collectors will begin by turning down any beginning settlement
offer. Over time, your first offer may become much more attractive to your creditor. Reaching the
best compromise usually requires patience.
----------------------------------------------------
Mark Shapiro of http://www.JudgmentBuy.com - The easiest and fastest free way to find the right
expert to buy or recover your judgment.

Posted by 
J.Randall Frier

Can You Reset The Statute Of Limitations On A Debt?

Different than debts, a judgment can most often get renewed, and until a judgment debtor
discharges their judgment by filing for bankruptcy protection, or succeeds in vacates, satisfies,
or appeals the judgment; nothing else the judgment debtor may do would alter how long a judgment
remains valid for. Debts behave differently, as how long they last starts with a state's Statute
Of Limitation (SOL). The SOL most often begins if a debt is 6 months late or when the debtor gets
receive a demand letter requesting payment in full.

This article is my opinion and is not, legal advice. I'm a judgment referral expert, and not a
lawyer. If you ever want a strategy to use or legal advice, please contact an attorney.

SOL time periods average around 4-5 years, however SOLs usually vary per state. A web search will
show the SOL in your state. The Statute Of Limitation clock may be reset by some action that a
debtor takes, as an example signing some new agreement to pay; and in certain states, if the
debtor makes just a single payment. While a Statute Of Limitation on the debt remains active, the
creditor can bring the debt to court, and win their judgment. Of course, a successful bankruptcy
can wipe out almost every debt.

SOLs are intended for debts that are dormant. Inside some states, sending one payment may make
the SOL dormant, as it makes the account "active". Within such states, just making a payment can
reset the starting date of a SOL.

The SOL laws in some states say that sending a partial payment doesn't reset the SOL clock,
unless there's a new promise in writing to send payments. Inside the following states, just
mailing a payment does not restart a Statute Of Limitation: Wisconsin, West Virginia, Virginia,
Texas, New York, Nevada, Missouri, Mississippi, Minnesota, Michigan, Massachusetts, Maine,
Kansas, Iowa, Florida, California, and Arizona. In the majority of other states, sending your
payment on even the last day of an original SOL time period, restarts the SOL date.

Within certain states, merely promising to send in your payment, might even reset a Statute Of
Limitation date. Although in that situation, the debt collector would have to sue you, and show
proof of that promise to some court; either bringing proof of your recorded phone conversation
and/or some documentation.

After a debt's SOL has expired, discussions by themselves cannot reactivate the SOL. When a debt
collector calls you about a debt that is past the Statute Of Limitation, that by itself does not
restart the Statute Of Limitation. Neither will admitting to a collector that you know about an
old (Statute Of Limitation-expired) debt, or can't pay back the debt.

Note that Statute Of Limitations are totally separate from credit reports. With a credit report,
the newly updated dates are not related to the state SOLs. If you have any kind of contact with a
creditor or a collection agency, which counts as activity for your account. This type of update on
your account is routine and is done every day.

If any collection agency contacts you concerning a debt that was discharged in bankruptcy
discharge, or where the SOL has expired, explain to them this; and then mail the creditor your
"cease and desist" letter by certified mail, with return receipt requested. Every year or so, get
one of the free credit reports, to check that there is not any SOL-barred debts listed there.

Creditors sometimes try to convince you to pay anything, so they can keep the Statute Of
Limitation going. One example is if some creditor tells their debtor they may pay just ten
dollars a month. Even when that company won't accept such a low payment, the company may make
their payment offer to attempt to restart the SOL, so a debtor can be sued to obtain a judgment. 

Occasionally, if you don't pay the debt collector, they may get a judgment, which lasts a lot
longer than a debt. Certain collection companies sell debts they can't make any progress with
(and sometimes when where the Statute Of Limitation has passed), to some other collection
company. This is annoying, and it means that you may need to mail "cease and desist" letters on
the same obsolete debt more than once.
----------------------------------------------------
Mark Shapiro of http://www.JudgmentBuy.com - The easiest and fastest free way to find the right
expert to buy or recover your judgment.

Posted by J.Randall Frier

Sunday, March 24, 2013

What You Need To Know To Hire An Estate Planning Attorney

To put together a total estate plan, it needs to start with information regarding your finances.
The reason is that it's very difficult for you and your estate planning lawyer to put together a
coherent plan that effectively transfers your financial assets upon your death without knowing
exactly what your assets are. In addition, it may not be possible to know if your beneficiaries
are up to date if you don't review them. And, it's difficult to figure out if your assets are
properly titled if you don't know what names are on these titles.

That's why to establish an accurate and complete estate plan, you need a list or inventory of
your assets and debts which includes the name or names currently on the title of each asset. And
you need a list or inventory of your life insurance policies and your retirement plans including
the names of the primary and secondary beneficiaries.

Here are some of the points that will help you in finding the right attorney for your estate
planning

It is recommend that you hire an experienced estate planning or elder law attorney to prepare
the legal documents that will make up your estate plan. It's penny-wise and pound-foolish to
"do-it-yourself."

However, it is also necessary that you control your estate plan. You tell your attorney what you
want your plan to accomplish. Ask your attorney what options you have, including the cost, and the
positives and negatives of each option. Then you decide (not your attorney) which options best
meet your objectives.

How to Locate an Estate Planning Attorney

You want an estate planning or elder law attorney - an attorney who does estate planning for a
living and not as a sideline. Your best source of information is a satisfied customer, so ask
family and friends for suggestions. Your accountant and financial planner are also good sources
of recommendations.
Another source is your local Bar Association; call and ask for the names of estate planning and
elder law attorneys in your area.

Cost of the Initial Consultation

Most estate planning and elder estate planning attorneys do not charge for an initial
consultation. Take advantage of a no cost consultation. It will give you the opportunity to judge
whether you feel comfortable with the attorney and what his or her fees will be for the documents
that you need prepared.

Here are some of the questions you need to ask an attorney before hiring him/her

1. Make sure that estate planning is the primary area of practice of the attorney you hire 

2. How will the advocate charge you, flat fee or hourly?

3. If you have questions will you be able to contact him personally by phone or email?

5. Do you return calls or emails promptly?

I'm sorry to say that some attorneys do not treat their clients well. If you are not treated
respectfully by the attorney and staff; if you are kept waiting for an unreasonable amount of
time; if fees are not readily and thoroughly explained; if your estate plan cannot be done in a
timely manner and if your phone calls are not returned promptly, find another attorney.
----------------------------------------------------
Seflin Lawfirm - Experienced and Caring Estate Planning Attorney Delaware County PA.  Attorney
Seflin can assist you with all aspects of estate planning Delaware County Pa. Learn more at
http://www.seflinlawfirm.com

Posted by http://jrandallfrier.com/

Monday, March 11, 2013

Finding A Competent Estate Planning Attorney

When the time comes for you to leave this earth, your assets stay behind. Everything you have
worked hard for will remain here, but you need to make sure they are left in safe hands. And for
this to happen, you need to come up with an estate plan. Estate planning is making plans to
entrust your assets to someone responsible when you pass on. And to avoid difficulties during
this process, it can be helful to work with a lawyer. An estate planning attorney is a
professional who is well versed with these issues, and who knows all the laws involved in that
area.

Finding an estate attorney can be a daunting task. You need to be careful while you look for
one, because your precious assets are involved here; be it your cars, apartments, bank accounts,
estates, businesses, etc. He should be competent enough to put things clear so your beneficiaries
will not have problems down the line. Toward this end, there are important attributes you need to
look for in a competent attorney. Here is just a look at some:

First, ensure that whoever you are going to hire has experience in that field. Ensure that your
lawyer has a license, check on his certificates and his working experience as well. He should
display his professional skills in the way he counsels you, and in the options he is giving you.
The attorney must also be ethical. He should give you advice that is legally accepted. Any
attorney who is giving you advice that is not legal and ethical will cause problems to your
beneficiaries in future.

Also, look for someone who you can trust as a 'friend'. He should be a person whom you can tell
him everything and how you want your final affairs arranged. He should be a good listener and
open-minded as well. He should be in a position to offer you a personalized service -- displaying
a sense of seriousness and commitment to your matter.

Just as said earlier, finding an estate planning attorney with all these attributes is not easy.
There are many attorneys who claim to know all about estate planning, but not all of them are
well-versed in this area. Here is a list of resources you can consult while as you search for an
attorney:

1) Referral from your financial advisor. 

2) Your accountant can also be of help. 

3) You can consult other lawyers you have worked with on legal issues. 

4) Ask for a referral from a local probate court. 

5) Ask your colleagues, family and/or friends for a referral. 

6) Search on the internet and/or check advertisements that have been posted on the newspapers or
there are those who advertise themselves on radio or televisions.

This list will help you find an attorney, and provided he/she possesses all the attributes
mentioned above, you should have a reputable estate attorney to help you manage your final
affairs.
----------------------------------------------------
Seflin Law firm - Experienced and Caring attorney Upper Darby PA. Attorney Seflin can assist you
with all aspects of estate planning Upper Darby Pa. Learn more at http://www.seflinlawfirm.com

Posted by http://jrandallfrier.com/

Sunday, February 17, 2013

Property and Divorce

If you are going though a divorce you are likely to feel upset. Emotions will be running high.
However, you will have a lot to take care of at this time, whether you feel like it or not. One
of the matters which will have to be discussed is your property. For couples who drafted a
prenuptial agreement the property will simply be divided as outlined within it if a divorce
occurs. This avoids any unnecessary complications. The only way to contest your prenuptial
agreement is on grounds of unfairness. 

If you did not draft a prenuptial agreement you have three options: no lawyers, mediators or
lawyers. It will be cheaper and less invasive for you both if you can manage to come to a
mutually accepted property agreement without involving lawyers. It is not necessary to involve a
lawyer in your divorce settlement. Many couples manage to come to an agreement about property
without the use of a solicitor. 

The most common ways couples deal with a co-owned house are:

1. A partner will buy the other out, purchasing the co-owner's share of the property and making
it their own. 

2. Both partners agree to sell the property, split the profits and go your own separate ways.

If you only wish to involve lawyers to ensure your agreement is legally binding this is possible.
You can come to an initial property agreement without involving a lawyer and then apply for a
'consent order' to secure the agreement you have made with a legal contract. This consent order
will need to be drafted with a solicitor. 

However, often divorce lawyers or mediators do need to become involved in the divorce proceedings
so the couple can reach a property agreement. This is often due to a breakdown of civil relations
between the two individuals. If you are in this situation mediation is generally quicker and less
expensive than court. During mediation a neutral party will be present to ensure that the
discussion between you and your partner remains civilised and that each person is given a fair
chance to speak. 

If mediation does not work you will have to contact a solicitor who specialises in family law and
go to court. The court will then decide how the property will be divided between you and your
partner with a 'financial order'. You may need to go to court if your home is in your partner's
name and they are not willing to be reasonable. You do have some rights in the eyes of the law
even if the sole owner of the property is your partner, particularly if you have children
together that need to be supported and housed.
----------------------------------------------------
Need Birmingham Solicitors? http://www.lawfirminbirmingham.co.uk/
For Family Law Birmingham specialists contact Roskell Davies.
http://www.lawfirminbirmingham.co.uk/family-solicitor-birmingham/