FAQ's
 
If I should file for divorce, how will I get financial relief?

Temporary needs is the process to stabalize the parties and provide temporary agreements on finances, debts, residence, and time-sharing of children.  After filing, you can usually get a hearing within 30 days or so.

 
Should I file as a Chapter 7 or 13?

Typically, this decision depends upon a number of factors, which include income, assets at risk, and the disposable income (100%) or the percentage being paid to unsecured creditors.  Thus, if you are seeking to file a Chapter 7, you must first have an income that is within a certain range after completing a Form 22. 

If you are in danger of losing a home or a car, you must file a Chapter 13 in order to reorganize the outstanding arrearages and to provide for the repayment of the loan obligation.

These answers require careful analaysis particularly after the Bankruptcy Reform Act of 2005 (BAPCA). 

Call today to schedle an appointment.

 
What happens to my home if I file for bankruptcy?

If you are current on your mortgage, you will  not lose your home by filng bankruptcy.  If you are behind on your home, filing bankruptcy will not cause you to lose the home.  However, you must resolve the matter with the mortgage company before filing if you are seeking to file as a Chapter 7.

Call today if you have questions about your home.

 
What is a 341 creditors meeting and do I have to attend?

After filing for bankruptcy, you must attend a meeting of creditors called a341 meeting.  You must attend this hearing and it is a nonadversarial meeting which permits creditors to attend.  In most instances, no creditors attend and the meeting is chaired by the Trustee assigned to your case.  It typically lasts for 10 minutes and you are asked questions about the documents you have filed in your case.  We as your attorneys are also present with you at the meeting of creditors and can advise you should any questions be asked of you.

 

 
You are not sure if you need an attorney. Should you?

In every case, you have at risk either life, liberty or property.  That is true of every legal case!  The law is not always clear and your rights need protection now.  I have seen in my 20 years of experience, people who try to do it alone (DIY).  Some try to talk to their friends, do some internet research, arrange a free consultation to try to obtain advice to do it on their own. 

Your case is too important and the issues are not the same as your friends or co-workers.  Even if you both have dhildren or have similar sounding issues, the resolution of those issues will be different in application.  You typically do not know what you do not know and can be misled that you do understand the issues.

What an attorney adds to the equation is to help you look around the corner at the issues you don't see.  That is where the attorney's background, experience, and knowledge in an area is brought to bear on your case and unique issues.

Don't go it alone.  In most circumstances, the addition of an attorney is essential to obtaining proper relief and to avoid problems down the road.

Often times, you can avoid problems down the road that may cost you thousands of dollars and frustration. 

 

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