Mar
21
Your Bankruptcy Attorney - Guiding You through the Process
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Eulalia Allmand asked:
If you are in deep financial trouble and are thinking about filing for bankruptcy, then you should hire a knowledgeable bankruptcy attorney that can guide you through the entire process.
Here is what your bankruptcy attorney will do once you have contacted them.
Your Attorney Will Ask For All the Relevant Papers
You will first need to go for mandatory credit counseling six months prior to filing for bankruptcy.
The proof of that counseling, along with other financial papers (such as a list of all your debts, expenses, income and assets), will have to be provided to your bankruptcy attorney before they can proceed.
They will study your documentation and then advise you on the best way out of your financial predicament.
Your Bankruptcy Attorney Will Then Decide On the Relevant Chapter
Based on your financial records, your bankruptcy attorney will come to a conclusion as to which chapter is more suitable for your situation.
If you have exhausted your sources of income, then you might be advised to file for bankruptcy under chapter 7. If you have a reduced source of income and would also like to save most of your assets, then your attorney might advise you to file under chapter 13.
If you own a business and you want to continue running it, then you could file for bankruptcy under chapter 11.
Your Attorney Can Help You with the ‘Means Test’
If you are filing for chapter 7 bankruptcy, then your bankruptcy attorney can help you calculate your gross and net income for the previous six months. That income will be compared to the average median income of a similar-sized family in your town.
If you do qualify to file under Chapter 7 bankruptcy, then your attorney will coordinate with a trustee appointed by the bankruptcy court in disposing your assets in order to pay off your creditors.
If your income exceeds “means test” guidelines for qualifying filing a Chapter 7, then your attorney will now have to shift their attention to filing for bankruptcy under chapter 13, which requires a new repayment schedule.
This schedule will help you clear your old debts over a period of 3 to 5 years.
Your Bankruptcy Attorney Can Draw Up a New Schedule for the Court
If you need to file for bankruptcy under chapter 13, then your attorney can draw up a new repayment schedule and get it approved by the court after arranging a meeting with your creditors.
Once the repayment plan is approved, then you will need to start your payments according to that schedule.
Your Attorney Can Help You Avoid the Pitfalls
Filing for bankruptcy can be a complicated affair - and you will probably be too worried to be thinking straight.
An efficient bankruptcy attorney can calm you down and point out the pitfalls and advantages of filing for bankruptcy under different chapters after analyzing your case.
Hiring an attorney can save you a lot of time and effort. They will do the legwork involved to close your case at the earliest possible time.
An experienced, knowledgeable bankruptcy attorney is a vital asset to have on your side when you are facing financial difficulties and thinking of filing for bankruptcy.
Robin
If you are in deep financial trouble and are thinking about filing for bankruptcy, then you should hire a knowledgeable bankruptcy attorney that can guide you through the entire process.
Here is what your bankruptcy attorney will do once you have contacted them.
Your Attorney Will Ask For All the Relevant Papers
You will first need to go for mandatory credit counseling six months prior to filing for bankruptcy.
The proof of that counseling, along with other financial papers (such as a list of all your debts, expenses, income and assets), will have to be provided to your bankruptcy attorney before they can proceed.
They will study your documentation and then advise you on the best way out of your financial predicament.
Your Bankruptcy Attorney Will Then Decide On the Relevant Chapter
Based on your financial records, your bankruptcy attorney will come to a conclusion as to which chapter is more suitable for your situation.
If you have exhausted your sources of income, then you might be advised to file for bankruptcy under chapter 7. If you have a reduced source of income and would also like to save most of your assets, then your attorney might advise you to file under chapter 13.
If you own a business and you want to continue running it, then you could file for bankruptcy under chapter 11.
Your Attorney Can Help You with the ‘Means Test’
If you are filing for chapter 7 bankruptcy, then your bankruptcy attorney can help you calculate your gross and net income for the previous six months. That income will be compared to the average median income of a similar-sized family in your town.
If you do qualify to file under Chapter 7 bankruptcy, then your attorney will coordinate with a trustee appointed by the bankruptcy court in disposing your assets in order to pay off your creditors.
If your income exceeds “means test” guidelines for qualifying filing a Chapter 7, then your attorney will now have to shift their attention to filing for bankruptcy under chapter 13, which requires a new repayment schedule.
This schedule will help you clear your old debts over a period of 3 to 5 years.
Your Bankruptcy Attorney Can Draw Up a New Schedule for the Court
If you need to file for bankruptcy under chapter 13, then your attorney can draw up a new repayment schedule and get it approved by the court after arranging a meeting with your creditors.
Once the repayment plan is approved, then you will need to start your payments according to that schedule.
Your Attorney Can Help You Avoid the Pitfalls
Filing for bankruptcy can be a complicated affair - and you will probably be too worried to be thinking straight.
An efficient bankruptcy attorney can calm you down and point out the pitfalls and advantages of filing for bankruptcy under different chapters after analyzing your case.
Hiring an attorney can save you a lot of time and effort. They will do the legwork involved to close your case at the earliest possible time.
An experienced, knowledgeable bankruptcy attorney is a vital asset to have on your side when you are facing financial difficulties and thinking of filing for bankruptcy.
Robin
Mar
14
What to include in the letter to fire attorney?
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Kou X asked:
I need my file and remaining money in attorney’s client trust account that belong to me.
I need my file and remaining money in attorney’s client trust account that belong to me.
1. What should I include in my letter to fire attorney?
2. Should I tell him why I am firing him?
If he doesn’t send my file and I hire a new attorney to get the file and money, can ex-attorney be realiable for the cost (fee)
because he did not send file by the dateline?
3. Once attorney is fired, does that mean he can not work on my case from date by law? because I don’t want him to anymore.
Francisco
Mar
8
Attorney Client Agreements – Understanding your Attorney-client Retainer Agreement
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Steven Carlson asked:
You’re in the attorney’s office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.
(1) Read the attorney-client agreement
(2) Purpose of the agreement
(3) Financial terms of the agreement
Read the attorney-client agreement
As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorney’s office.
Purpose of the agreement
The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.
Financial terms and conditions
Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.
Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Jessica
You’re in the attorney’s office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.
(1) Read the attorney-client agreement
(2) Purpose of the agreement
(3) Financial terms of the agreement
Read the attorney-client agreement
As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorney’s office.
Purpose of the agreement
The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.
Financial terms and conditions
Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.
Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Jessica
Mar
6
How Important is an Attorney to your Real Estate Transaction?
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John Harris asked:
Would you sign your name to a multi-million-dollar contract for the company for which you work without an attorney first looking it over? Probably not, because it is your fiduciary responsibility to ensure there is no adverse language in the contract. Yet, we do it for ourselves all the time.
Years ago when I enlisted into the U.S. Navy, several of us were in the same room to sign our enlistment contracts with the government of the United States. Afterwards, we would together go on to the next phase of the enlistment process. Everyone had signed their contracts without reading it and they were grumbling, because I would not sign my contract until I had read every word. The contract was many pages in length and lots of small print. After one guy was a bit too aggressive in his complaints of me making them wait, I quietly looked him straight in the eyes and said, “You signed your contract without reading it. Did you know that you have agreed to jump off the end of a naval ship into the ocean amidst a ring of fire?” The guy laughed and said the contract did not say that. The senior chief, who was supervising us and in the room, said the contract did say that. While everyone else went green in color and looking ready to throw up, I finished reading the contract. You could say that jumping into a ring of fire in the ocean from a very big naval vessel might be construed as “adverse language” in a contract.
Signing purchase agreements for real estate is no different; yet, many people sign them every day without reading them, much less having an attorney review them.
The average home will cost you a long-term commitment upwards of $135,000 — much more in the San Diego area. You are going into debt for a large amount of money over a long period of time. It is important to have a real estate attorney review such a contract, as it is for creating any other contract.
A real estate attorney will tell you if the purchase is advisable, if it should be modified to protect you if the transaction goes bad, if it is legally binding as written, and whether there is any adverse language in it. You should be protected against any contingencies and possible outcomes.
The services of a real estate attorney may cost $200 or more to review the contract. Though many realtors assist in this capacity, a real estate attorney is more knowledgeable and experienced, ensuring you get the best advice. That same real estate attorney can represent you in court, where the realtor can only shrug his/her shoulders and, maybe, offer an apology. Additionally, the real estate attorney can prepare all needed real estate documentation, including warranty deeds, title opinions, and documents to clear any title defects.
There are times when having a real estate attorney review a contract could cost you the deal — you could be up against another buyer, who wants the same property and the seller will not wait for the review, which the other buyer is not requiring. In such a case, only sign the purchase agreement after adding the clause: “Subject to review and approval by attorney of buyer’s choosing.”
Remember, once the contract is signed without a contingency clause, it is too late for redress. At that point, a real estate attorney can only advise you on what you have done and little else. The time to hire the real estate attorney is before you sign on the dotted line, not afterward.
Dora
Would you sign your name to a multi-million-dollar contract for the company for which you work without an attorney first looking it over? Probably not, because it is your fiduciary responsibility to ensure there is no adverse language in the contract. Yet, we do it for ourselves all the time.
Years ago when I enlisted into the U.S. Navy, several of us were in the same room to sign our enlistment contracts with the government of the United States. Afterwards, we would together go on to the next phase of the enlistment process. Everyone had signed their contracts without reading it and they were grumbling, because I would not sign my contract until I had read every word. The contract was many pages in length and lots of small print. After one guy was a bit too aggressive in his complaints of me making them wait, I quietly looked him straight in the eyes and said, “You signed your contract without reading it. Did you know that you have agreed to jump off the end of a naval ship into the ocean amidst a ring of fire?” The guy laughed and said the contract did not say that. The senior chief, who was supervising us and in the room, said the contract did say that. While everyone else went green in color and looking ready to throw up, I finished reading the contract. You could say that jumping into a ring of fire in the ocean from a very big naval vessel might be construed as “adverse language” in a contract.
Signing purchase agreements for real estate is no different; yet, many people sign them every day without reading them, much less having an attorney review them.
The average home will cost you a long-term commitment upwards of $135,000 — much more in the San Diego area. You are going into debt for a large amount of money over a long period of time. It is important to have a real estate attorney review such a contract, as it is for creating any other contract.
A real estate attorney will tell you if the purchase is advisable, if it should be modified to protect you if the transaction goes bad, if it is legally binding as written, and whether there is any adverse language in it. You should be protected against any contingencies and possible outcomes.
The services of a real estate attorney may cost $200 or more to review the contract. Though many realtors assist in this capacity, a real estate attorney is more knowledgeable and experienced, ensuring you get the best advice. That same real estate attorney can represent you in court, where the realtor can only shrug his/her shoulders and, maybe, offer an apology. Additionally, the real estate attorney can prepare all needed real estate documentation, including warranty deeds, title opinions, and documents to clear any title defects.
There are times when having a real estate attorney review a contract could cost you the deal — you could be up against another buyer, who wants the same property and the seller will not wait for the review, which the other buyer is not requiring. In such a case, only sign the purchase agreement after adding the clause: “Subject to review and approval by attorney of buyer’s choosing.”
Remember, once the contract is signed without a contingency clause, it is too late for redress. At that point, a real estate attorney can only advise you on what you have done and little else. The time to hire the real estate attorney is before you sign on the dotted line, not afterward.
Dora
Mar
6
Best Immigration Attorney – Make Good your Opportunity
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Apurva Shree asked:
Searching for the best immigration attorney is of utter importance if you want success in your immigration application. Only a good immigration attorney will have knowledge of all nuances and finer points of immigration law to achieve best results for your immigration application. All the aspects of immigration application require deft handling and exceptional skill, whether filing papers or preparing for interview. It is important to see that your immigration lawyer specializes in the area for which you are filing your immigration application.
Careful Selection Is The Key
Although, there are attorneys who have expertise in many fields of immigration law, you should select your attorney carefully as the success of your application depends entirely on the handling of your documents and your presentation, as directed by your attorney. Your best immigration attorney should have a better experience than others in the line and should also have a better success rate to show his superiority.
It is also important to see the status and standing of your best immigration attorney before you start doing business with him. In order to judge an attorney it is very important to see where he got formal education from, and from where he passed his bar exam. Taking education from reputed schools makes a lot of difference in developing the mental level of the students. Then it is also important to see if your immigration law attorney has joined any well known association of lawyers or is a member, executive member or head of any bar council. Such people are better informed and more acquainted with local administrative and private personalities and can easily work their way out of tricky situations. Your attorney should also be a member of the American Immigration Attorneys Association.
The task of selecting your attorney becomes quite easy if you find that he/she is constantly in the news for his/her achievements, is constantly invited to august gatherings and functions, and is well recognized in the lawyers’ fraternity. You can also be sure of the credentials of a lawyer who has been appointed by a newspaper or journal to report on issues of immigration or is running columns on immigrations issues and magazines with high circulation.
If your immigration attorney is well known in trading circles, maintains a decent office, takes part in forums and discussions, is well recognized in society and also maintains a good track record of past performance then you can select him as your best immigration attorney. But before you hire your attorney you should also make sure he has a deep knowledge and understanding of your case by asking him to clarify all your queries and confusions regarding your immigration application. If you have some knowledge of the immigration law required in your case, it will help you in making the right selection of your best immigration attorney.
Doris
Searching for the best immigration attorney is of utter importance if you want success in your immigration application. Only a good immigration attorney will have knowledge of all nuances and finer points of immigration law to achieve best results for your immigration application. All the aspects of immigration application require deft handling and exceptional skill, whether filing papers or preparing for interview. It is important to see that your immigration lawyer specializes in the area for which you are filing your immigration application.
Careful Selection Is The Key
Although, there are attorneys who have expertise in many fields of immigration law, you should select your attorney carefully as the success of your application depends entirely on the handling of your documents and your presentation, as directed by your attorney. Your best immigration attorney should have a better experience than others in the line and should also have a better success rate to show his superiority.
It is also important to see the status and standing of your best immigration attorney before you start doing business with him. In order to judge an attorney it is very important to see where he got formal education from, and from where he passed his bar exam. Taking education from reputed schools makes a lot of difference in developing the mental level of the students. Then it is also important to see if your immigration law attorney has joined any well known association of lawyers or is a member, executive member or head of any bar council. Such people are better informed and more acquainted with local administrative and private personalities and can easily work their way out of tricky situations. Your attorney should also be a member of the American Immigration Attorneys Association.
The task of selecting your attorney becomes quite easy if you find that he/she is constantly in the news for his/her achievements, is constantly invited to august gatherings and functions, and is well recognized in the lawyers’ fraternity. You can also be sure of the credentials of a lawyer who has been appointed by a newspaper or journal to report on issues of immigration or is running columns on immigrations issues and magazines with high circulation.
If your immigration attorney is well known in trading circles, maintains a decent office, takes part in forums and discussions, is well recognized in society and also maintains a good track record of past performance then you can select him as your best immigration attorney. But before you hire your attorney you should also make sure he has a deep knowledge and understanding of your case by asking him to clarify all your queries and confusions regarding your immigration application. If you have some knowledge of the immigration law required in your case, it will help you in making the right selection of your best immigration attorney.
Doris
Mar
1
What do I need to be a Prosecuting Attorney in a Class Mock Trial?
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Adie La-Ree asked:
I am the prosecuting attorney in a double murder case in which the husband killed the wife and the maid. The biggest problem is the fact that the defending attorney and I are friends, but are always debating, and he normally wins, and since this is my strength and debating is his, I need to beat him…… So what do I need? I have the definitions of Alibi and Writ of Habeas Corpus. Thanks!
Katie
I am the prosecuting attorney in a double murder case in which the husband killed the wife and the maid. The biggest problem is the fact that the defending attorney and I are friends, but are always debating, and he normally wins, and since this is my strength and debating is his, I need to beat him…… So what do I need? I have the definitions of Alibi and Writ of Habeas Corpus. Thanks!
Katie
