Posts belonging to Category Bankruptcy




In Chapter 13 Bankruptcy, What’s The Plan?

It helps to have a plan. In life. In business. In relationships. Plans are good things. So to, in Chapter 13 bankruptcy, having a plan is not only a good idea, it’s the law!

As an Orlando bankruptcy lawyer, I help my clients formulate a Chapter 13 payment plan to accomplish their financial goals. Depending on my client’s situation, through their payment plan, which can usually last anywhere from 36 to 60 months, I can help them catch up a mortgage payment, eliminate a second mortgage altogether, wipe out credit card debt, save money on a car loan, or handle IRS debt.

The Debtor, the person filing the Chapter 13 bankruptcy, has to file a payment plan at the outset of the case. The plan’s job is to tell everyone what goals the Debtor wants to achieve during the time the Debtor is in bankruptcy. The plan also instructs creditors how they will be dealt with, and tells the Chapter 13 Trustee who to pay and how much to pay each creditor.

The Debtor has several options to choose from when creating a chapter 13 plan. Too often in Court I see folks try to develop a plan with no idea how to express what they want to do in the plan in a way that can be understood by anyone. The result is that the plan gets objected to, or the Debtor’s case gets dismissed by the Trustee. This is bad because then the Debtor has filed bankruptcy and got nothing from it.

Hiring an experienced Orlando bankruptcy lawyer is a greta first step to getting the result you want in your Chapter 13 case. Most of the time in my cases, when my clients make their Trustee payments, they never even have to go to the Bankruptcy Court at all during their case. The most important thing, though, is that my clients succeed in meeting the financial goals they set at the beginning of their case.

In Chapter 13 cases, it’s all about having a plan. A plan that gets you through the Chapter 13 process and wipes out your debt is even better.

Learn more about Chapter 13 bankruptcy. Stop by K. Hunter Goff’s site where you can find an experienced Orlando bankruptcy lawyer and learn how he can help you.

What Happens If I Stop Paying Credit Card Debt?

As an Orlando bankruptcy lawyer, one of the first things I advise my clients to do when they decide they are filing bankruptcy and hire me is to stop paying on their credit cards. Recently, though, before I could offer that advice, a client asked me: “What happens when I stop paying my credit cards?”

The short answer is, the collection process will begin. It usually goes something like this:

1. Non-stop, for about 60-90 days, the original creditor will call. They will call you, your family, your job. All in an attempt to get you to make some type of payment over the phone. They will threaten to ruin your life, at least financially, if you do not pay them.

2. In about 90 days, your original creditor will give up and sell your account to a debt collector. This third party agency will then repeat the actions above.

3. Then, around 180 days from the time you stop making payments, you may hear from an attorney. This attorney will simply try to collect on the debt, following the same protocol in 1 and 2 above.

4. Finally, the attorney may file a lawsuit against you seeking a judgment that would allow the creditor to attempt to collect on the judgment. By the way, then, and only then, can your wages be garnished.

Kind of a long process until a judgment is obtained, right? Over 6 months from the time payments stopped being made if I added correctly. So why, as a bankruptcy lawyer, do I advise my clients to stop paying on credit cards when they hire me?

You see, the objective is for my client’s bankruptcy to be filed well prior to a judgment being entered against them. As long as no judgment is entered, garnishment is not possible. Now, my client can catch up on car or house payments, for those secured debts they intend to keep through filing bankruptcy. They are not wasting that money on payments to malicious debt collectors, for credit card debts that will be discharged in their bankruptcy. They can also use the money they have saved to create that safety net, which I advocate as their Orlando bankruptcy lawyer, to be used as part of an overall, start fresh, strategy when filing for bankruptcy.

And what about those abusive debt collectors? Florida has some of the toughest laws in the country against the type of abuse described above creditors engage in on a daily basis when collecting a credit card debt against my clients. There is also a Federal Law that prohibits those abusive acts by third party debt collectors in the collection of a debt. You can sue your creditors to enforce your rights, and you should.

The debt collection process can be an intimidating experience, or an empowering one. If you know how it works and you know your rights, the empty threats the debt collectors hurl at you in a typical phone call from them will seem laughable, and more often than not, actionable.

Get the Free eCourse to find out how an experienced bankruptcy lawyer to assist you in successfully navigating the debt collection process and help you achieve that fresh start you’ve been craving.

Do You Need A Lawyer? Get Help!

There are a number of reasons why you may want to hire a lawyer, but the most important one is so that you can maximize your chance of success. Even a simple and seemingly “open and shut” legal problem can become incredibly complicated in a matter of moments. One wrong move or one overlooked filing of a paper can lead to a judgment against you. A ruling such as this could easily cost you hundreds (or even thousands of dollars) in fines, court costs and other penalties. Everyone wants to win and hiring an attorney is the wisest option available.

While many individuals understand the need to hire a lawyer to help if the issue is a major criminal offense such as B&E (breaking and entering), burglary, or criminal trespass, they do not often realize that a good attorney can help with even the most minor legal issues. Millions of individuals willingly pay hefty fines for DUI and other traffic tickets and never even stop to consider that a knowledgeable lawyer could probably help them get the ticket dropped or the fine reduced. If you hire a lawyer for minor traffic infractions you will have an excellent chance of winning the case, but you will never know what might have been possible if you just choose to plead guilty and “pay up”. You might think you know your rights as a citizen, but only a skilled attorney can properly guide you through the hoops and loops of today’s complex legal system.

Some people believe that they do not need an attorney if the issues at hand are very minor but this is not the case. The knowledge and answers that an attorney can give are worth the time, effort and cost. Even if you do plan to represent yourself in a small claim’s case you would benefit from hiring a lawyer to provide you with sound legal advice. Having the right advice and guidance really will make a difference in the outcome of a case whether it is being heard by a magistrate or being tried in front of a federal judge.

An accident can happen at a moments notice leaving loved ones left alone to deal with the tragedy. Insurance companies are concerned with protecting their interests and sometimes not the families left behind. A good Personal Injury lawyer is one who will put the interest of the victim and victim’s family first. Working diligently to make sure that a family member or injured party is fairly and properly compensated, is what a good Personal Injury lawyer strides for. Whenever the time arises and one is left feeling confused or bullied into making a decision, let the counsel of a competent Personal Injury lawyer stand up for the rights of the injured in the face of adversity. There are so many lawyers to choose from that it can become a daunting task to find the right one. There are some tips to use when seeking a good attorney. 1) Contact the local Bar Association for a referral list of lawyers that specialize in personal injury. 2) Once an attorney has been retained, follow the advice of the attorney and let the attorney do the job that he or she was hired to do. 3) Never sign any documentation or meet with the defendant’s representatives or insurance representatives without counsel being present.

Many insurance companies do not want to go to trial and will quickly settle out of court at times to the detriment of the injured party or injured party’s family. A Personal Injury lawyer will fight for the client to have his or her day in court, work passionately to uncover evidence and present it in court and tirelessly work to expose any impropriety that may prevent justice from being served. Anyone that has been in an accident should consult with an attorney to protect his or her rights from any miscarriage of justice. The legal system can be complex and intimidating to anyone not familiar with the system and the legalese (language) can be confusing and indivertibly cause a victim or victim’s family to sign away any legal rights he or she may have. Only a good Personal Injury lawyer with integrity and vigilance will go above and beyond the norm to ensure that the long term benefits will out way the short-term goals of the insurance companies and that’s to quickly settle. One should seek only the best Personal Injury lawyer to represent the interest of the victim.

Looking to find the best deal on a Civil Rights Lawyers, then visit www.civilrightslawyer.info to find the best advice on Personal Injury Lawyers for you.