What Should You Ask a Fort Lauderdale Bankruptcy Lawyer?
Hiring a debt attorney can also help in the following situations:
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Bankruptcy can:
If a bankruptcy court approves the plan and you make regular payments, most or all of any remaining debts at the end of the three-to-five-year period may be discharged.
Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.
Many Chapter 7 bankruptcy attorneys will allow you to pay your fees through an installment plan. You'll make your payments according to the schedule and, once you've paid the entire fee, the attorney will file your case. Don't expect your lawyer to file your bankruptcy paperwork beforehand, however.
Yes, you can open a bank account while you are in a bankruptcy. There is nothing in the Bankruptcy Code or Court Rules that would prohibit a person filing a bankruptcy from opening an account. A bank account is essentially just another place for you to store your money.
Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.
Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.
The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 bankruptcy case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.
A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.
Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.
Options for asset protection include:Domestic asset protection trusts.Limited liability companies, or LLCs.Insurance, such as an umbrella policy or a malpractice policy.Alternate dispute resolution.Prenuptial agreements.Retirement plans such as a 401(k) or IRA.Homestead exemptions.Offshore trusts.
However, most states have similar statutes which allow recovery of fraudulent transfers. California does and it has a 4 year lookback period. And an 8 year general fraud statute of limitations. So the Trustee in a Chapter 7 case can use the state laws also to recover.
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Most bankruptcy lawyers accept payment plans because they know that clients are struggling financially. Bankruptcy attorneys understand that clients are overwhelmed with debt. It is only when one stops paying minimum payments on credit cards, medical bills, personal loans and other debts whereby he or she will be able to make payments ...
This contract spells out what services are going to be performed prior to the case being filed and what services are going to be provided after the case is filed. This bifurcated contract allows an attorney to collect on an attorney fee post-filing. In most cases, the attorney’s fees are pre-petition debt and they are discharged upon filing. In this unique arrangement of a bifurcated contract, the attorney’s fees post-filing remain due and owing despite the fact that the automatic stay has kicked in.
In most cases, the attorney’s fees are pre-petition debt and they are discharged upon filing. In this unique arrangement of a bifurcated contract, the attorney’s fees post-filing remain due and owing despite the fact that the automatic stay has kicked in.
If you are someone who is considering bankruptcy and does not have the ability to make a lump sum payment or does not have the ability to make consistent payments due to a garnishment, talk to your bankruptcy attorney about possibly entering into a post-petition retainer agreement.
Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.
First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.
Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.
Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.
After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.
Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.
Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.
With a bankruptcy, a debt attorney will help you prepare all the required paperwork you need in your case. They can answer your questions and give you a basic rundown on rules and procedures in the courtroom.
A debt lawyer is someone with the knowledge, credentials and skill to help consumers struggling with debt sort through their financial troubles. Representing clients in cases against debt collectors is a form of consumer law, the branch dedicated to protecting consumers against unfair trade and credit practices.
A creditor is threatening you with a lawsuit or has filed suit. Debt collectors are treating you in a way that you feel is abusive. Your creditor has repossessed your car and might be threatening you with a collection suit.
Debt lawyers have become more prominent because household debt in the U.S. has jumped 11% over the last decade to an average of $134,643 (including mortgages) and credit card and auto loan debt are going over the $1 trillion, mark.
If you don’t do either – and that is what happens in most cases – the creditor obtain a legal judgment against you and can pursue that until you finish paying it. Before deciding whether to hire a lawyer, defend yourself or let the creditor collect on a judgment, review the situation.
Those people are seeking help from debt lawyers to fight back against aggressive debt collectors in court. If a debt collector is relentless in trying to recover money you owe, a debt lawyer is a good resource to help you understand your rights and provide a path to escape harassment or illegal tactics.
Here are some common reasons to seek legal advice: 1 Debt collectors are calling you at home or work all the time. If you’re getting a lot of calls and can’t stop them with a request that the debt collectors desist, it might be time to bring in an attorney who can discuss your rights and speak to the creditors contacting you. 2 You’ve reviewed your finances with the help of a nonprofit debt counselor and have concluded that you are unable to repay your loans. 3 A creditor is threatening you with a lawsuit or has filed suit. 4 Debt collectors are treating you in a way that you feel is abusive. 5 Your creditor has repossessed your car and might be threatening you with a collection suit.
If you are filing for Chapter 7 bankruptcy, you can typically retain an attorney by paying only a portion of the total attorney fees upfront and setting up a payment plan for the rest. When you retain a bankruptcy attorney, he or she will usually talk to your creditors or send letters to them on your behalf.
One of the debts you can include in your repayment plan is your bankruptcy attorney's fees. Most bankruptcy attorneys will ask you to pay a certain portion of their fees prior to filing your Chapter 13. The remaining fees will be paid through your repayment plan. The amount of fees you will need to pay upfront will vary depending on the attorney. ...
Because your attorney can't try to collect his or her un paid fees after filing your case, you will normally have to pay all attorney fees upfront before your case is filed. Further, unpaid fees can lead to conflicts of interest between debtors and their attorneys.
But you can typically pay the remainder of your fees through your repayment plan after your case is filed. (To learn more about how a Chapter 13 plan works, see our topic area on The Chapter 13 Repayment Plan .)
The simplest way to find out about other payment arrangements is by contacting the bankruptcy lawyer directly. Talk to a Bankruptcy Lawyer.
Paying Chapter 7 Attorney's Fees in Installments. Many Chapter 7 bankruptcy attorneys will allow you to pay your fees through an installment plan. You'll make your payments according to the schedule and, once you've paid the entire fee, the attorney will file your case. Don't expect your lawyer to file your bankruptcy paperwork beforehand, however.
Paying Chapter 13 Attorneys' Fees in Installments. In a Chapter 13 case, you'll likely pay some of the attorneys' fees up front, but not the entire amount. The attorney will likely take the remainder through your Chapter 13 repayment plan payments (the trustee pays the attorney from your monthly plan payment).
Don't expect your lawyer to file your bankruptcy paperwork beforehand , however. Any money you owe when you fie your case will get discharged (wiped out) with other qualifying debt. Once the Chapter 7 case gets filed, the attorney can't take any steps to collect a balance owed.
Debt settlement companies might say that they can make your debt disappear for very little money. They might say that it is only possible if you stop paying your bills. But usually, debt settlements ask you to give them money and negotiate with the banks instead of the bank’s debt collectors. These payments then cover:
Working with a lawyer might give you leverage and show them that bankruptcy is on the table as an option if you’re facing creditor pressure.
Even if it’s not, we can help with debt relief and discuss strategies that might work for you: including Consumer Proposal
We’ll suggest the bankruptcy procedure that’ll fit your needs and guide you through the entire process, from filling out all the paperwork and attending court appearances to helping you rebuild your credit score after discharge.
An attorney can help with your debt. He or she has the experience and an understanding of the law. An attorney will provide you with practical legal advice after analyzing your situation. A lawyer can also represent you if a creditor files a lawsuit against you.
For many, Consumer Debt Settlement is an excellent way to resolve debt issues and avoid bankruptcy. Consumer Debt Settlement allows you to stop creditor harassment, lower your payments or interest rates, and get rid of high-interest credit accounts with creditors that will never go away if they’re perennials.
Hiring bankruptcy lawyers for debt settlement can be a difficult decision. You must think of the following points before making this important choice:
Lawyers stock-in-trade is our time - we only have so many hours in a day to spend on our clients’ cases. That means our legal fees always take into account how much time we will expect to spend on your case. When a lawyer quotes a flat fee, they are estimating the number of hours it will take to resolve your case.
Our personal injury cases are always contingency-based, meaning you pay no fees or costs unless we recover for you. We use the standard contingency fee agreements approved by the Florida Supreme Court wherever applicable.
When we are working on an hourly basis, as in family law cases, we have a retainer we bill against at an hourly rate, as well as a total litigation budget. While we aim to stay within the total litigation budget, litigation is always uncertain. In cases where we bill by the hour, we track our time by the fraction of an hour and charge accordingly.
For the majority of our criminal cases and most of our non-personal injury cases, we work on a flat fee basis. That means we charge a single amount for our attorneys’ time up until a certain point, such as trial, with additional amounts set out for additional services, such as per day of trial, for an appeal, etc.
We are not currently accepting organs in the United States, but we do not turn down homemade cookies or cakes.
Costs are always billed in addition to attorneys’ fees and we may hold cost deposits in our escrow account for convenience.
Since there are so many law schools producing so many new lawyers every year, you will find a wide range of legal fees for the same type of case, even in the same city or area. While competition can be good for a consumer, we offer a superior service and we know our clients agree, which is why we receive so many referrals from our past clients.