Three Options For Continuing Your Lawsuit When The Defendant Files Chapter 7 Bankruptcy

Posted by on May 26, 2016 in Uncategorized |

Many people are struggling financially these days, and being hit with a lawsuit for an accident may be the thing that finally causes a person to file for bankruptcy protection. If the defendant does this in your case, you could lose any hope of collecting the compensation due to you if you don’t act fast. Here are three things you can do to save your case when the defendant files chapter 7 bankruptcy in the middle of your lawsuit. Ask for the Automatic Stay to Be Lifted When the defendant files for bankruptcy, all lawsuits are either halted until the bankruptcy is resolved or automatically dismissed. One way to save your lawsuit is to ask the bankruptcy court to lift the automatic stay so your case can proceed. Unfortunately, since your suit is not secured by collateral, you would be considered an unsecured creditor. The court will typically only lift the automatic stay if the debt from the lawsuit wouldn’t be discharged in the bankruptcy. In the case of personal injury lawsuits, only accidents caused by the defendant driving drunk are non-dischargeable. Debts that aren’t listed in the bankruptcy schedules won’t be discharged either, so you may get lucky here if the defendant forgets to add your case to his or her paperwork. Challenging the Bankruptcy Filing and Discharge Another thing you can do is initiate adversarial proceedings and challenge the person’s bankruptcy filing and discharge. This is best done if you think your lawsuit has a good chance of being discharged by the bankruptcy court. During the hearing for the adversarial proceeding, you can request that the court do not discharge your specific debt or object to the entire bankruptcy. To be successful here, you have to show the defendant committed fraud or didn’t comply with the court’s orders in some way. For example, if you can show the defendant committed insurance fraud (e.g. staged an accident with you), the court may allow your lawsuit to survive the bankruptcy filing or dismiss the defendant’s bankruptcy case altogether. Wait Until the Case Ends and Refile The third option is to wait until the person’s bankruptcy case ends and refile your lawsuit afterwards. This is a gamble because the court may include your lawsuit in the bankruptcy discharge and you won’t be able to collect the compensation due to you at all. However, if your case survives the bankruptcy filing, you’ll have a better chance of collecting any compensation you’re awarded since the defendant won’t be able to file chapter 7 bankruptcy again for several years. The bankruptcy court provides powerful protections to debtors that can end your lawsuit before you’re awarded the money you’re due. Talk to an attorney...

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Tips For Using A Loan Modification To Avoid Foreclosure

Posted by on May 10, 2016 in Uncategorized |

Filing for bankruptcy is one method people use to stop a foreclosure from occurring, but this is not always the best option. After receiving the foreclosure documents from your lender, you may want to visit an attorney that specializes in foreclosure law. This attorney might be able to recommend using a loan modification program to put the foreclosure to a halt. Here are several things you should understand before using this option.  Getting Approved For A Loan Modification Takes Time And Effort A loan modification allows you to change the terms of your loan, and it is something your lender must be willing to do. This process is not simple by any means. It will take time and work, but this type of program is much easier if you have a lawyer working for you. Your lawyer will tell you exactly what documents are needed and what you must do. He or she will take care of communicating with the lender throughout the process, and you will simply have to do what the lawyer tells you. If the paperwork is not filled out accurately or if there are things missing from the application, the lender may deny the request. With the help of an attorney, you will have a higher chance of getting approved for the modification. If it gets approved, you will not lose your home to foreclosure at this time. You Can Apply More Than Once If you have already tried to get a loan modification and have been denied, you are free to apply again. If you tried to do this on your own the first time, hire a lawyer the next time. When you apply the second time around, make sure you know why the lender denied your request the first time. One reason lenders deny these plans is for lack of income. If this was the reason your modification was denied, get a second job to add income to your budget, or try offering a different set of terms that would result in a lower monthly payment. Your Hardship Letter Plays A Big Role In The Lender’s Decision One advantage of having a lawyer during this time is that he or she can help you write your letter of hardship. This letter is a necessity for anyone that applies for a modification, and it can help or hinder a person’s ability to get approved. This letter must clearly state why you fell behind on your payments, and your odds of getting approved will be much higher if you went through a major problem in life. This could be a divorce, the loss of a spouse, or a loss of a job. Foreclosure attorneys are highly experienced with...

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3 Good Reasons To Hire A Lawyer For Your Divorce Case

Posted by on Apr 20, 2016 in Uncategorized |

Are you married to someone that cheats on you without any remorse for your feelings? If you have tried to save the marriage but nothing ever changes, it might be time to get out of the stressful situation by filing for a divorce. Take a look at the article below to discover why you should end your marriage with the assistance of a divorce lawyer. 1. Get the Financial Support That You Deserve Getting assistance from a lawyer is the best way to make sure that you receive financial support to the fullest extent possible. He or she will be able to assess the history of your marriage and lifestyle to determine how much money you can realistically win in the divorce settlement. For instance, if you have depended on your spouse for money, you might be able to get a nice sum of alimony. However, the length of the marriage might play a role in whether you are granted alimony or not. A short marriage might not be sufficient enough for you to be granted alimony, but the decision will be left up to the judge. 2. Obtain Temporary Custody of the Children If your spouse’s cheating ways have had a negative effect on the children, you might be able to get temporary custody until the divorce is settled. For instance, if your spouse brings his or her affair partners to your home out of disrespect, it can be seen as a sign of emotional neglect for the children. A lawyer might ask you for phone records or any photographs that you may have found of your spouse and the other party together. The lawyer will likely hire a private investigator to get evidence of the affair if you are unable to provide enough proof on your own. People that may have witnessed the affair will also be contacted in case they can speak on your behalf in court. 3. Make Sure Marital Assets Are Fairly Divided A lawyer will come in handy if your spouse decides that he or she wants the majority of the marital assets due to being the financial provider throughout the marriage. The lawyer will be able to explain to the court why you deserve certain assets, such as the house if you get custody of the children. You can also depend on the lawyer to make sure that money in bank accounts is fairly distributed in the divorce settlement. Contact a lawyer, like those represented at http://madisonlf.com, to discover what he or she can do to help with your divorce...

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Does Your Potential Home Have Seller Disclosures? 3 Things To Know About Them

Posted by on Mar 14, 2016 in Uncategorized |

One very important piece of paper that you’ll need to sign when closing on your new home purchase is the seller disclosure form. This form is where the seller lists all the problems that they know about their property. The form includes some key questions about their home, including issues such as asbestos and flood damage. Before you sign the form, here are 3 things you need to know about it. Sellers Must Fill Out The Disclosure Form On Their Own The seller’s agent can explain to them what the form is, but the seller is the only one that should be filling it out. This is because the form must be filled out honestly by the previous owner for liability purposes. The expectations are that by having the seller fill out the form, they are responsible for any problems they disclose, or problems they chose not to disclose. The integrity of the answers can be ruined if the seller’s agent gives them advice about how to fill it out. Sellers Cannot Avoid Answering Questions When filling out the disclosure form, they will have three possible responses: Yes No Not to my knowledge (NTMK) The seller can only give NTMK as a response if they honestly do not know the answer. For example, they may think they have lead paint in their home due to the age of the home, but unless they have the home tested for lead paint and know with certainty, they can write NTMK on the form. A seller cannot avoid admitting to a problem by writing NTMK as an answer. Sellers Are Protected By Answering Questions If there is an existing problem with a home, it is in the seller’s best interest to disclose this information on the seller disclosure form. Disclosing problems provides them with legal protection if any of the listed problems are made apparent after the home is sold. When a seller decides not to admit to a problem with their home because they are afraid it will cause them to lose the sale, it can have big legal ramifications down the road. It opens them up to a potential lawsuit where you can sue the seller for damages related to making repairs. Do you feel like the seller of your new home lied on their seller disclosure form? Before signing the form, talk with a real estate lawyer like Jack W Hanemann, P.S. to find out what your options...

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Single Parents, Active-Duty Military Service And The Need For A Family Law Attorney

Posted by on Feb 15, 2016 in Uncategorized |

As a rule, single parents cannot join the military on active duty if they have custody of their minor children. Single parents may join the Guard or Reserve components of the military and retain custody of their children, as long as they have a Family Care Plan in place that provides for the care of their children if they are called to duty away from home station. However, for those that really want to serve full-time on active duty in the military, there are provisions that allow for single parents to enlist or be commissioned in the military service. One simply needs a trusted friend or family member who can take care of any minor children, and the assistance of a qualified family law attorney. Temporary Custody In order to serve on active duty, a single parent must temporarily relinquish custody of any minor children. This sounds more traumatic than it really is. The first step is to find a trusted individual who will take care of your children and give them all of the love and care that you would provide if you were home. Many individuals choose the other biological parent, their own parent or a sibling, but you should choose someone that you trust implicitly, and someone that loves your children and is loved by your children. Once you settle on the right person and you have discussed things, you can begin the process to relinquish custody. This is a temporary situation, but must be handled through the court system. Family Law Attorney Next, you and your chosen guardian should visit a family law attorney. Your attorney will walk you through all of the steps to transfer custody of your minor child to the guardian of your choice. While every state is different, the steps are generally the same: * File a Petition to Transfer Custody With the Local Family Court * Notify the Other Biological Parent of the Hearing, Either by Process Server or Registered Mail * Court Hearing With a Judge or Magistrate * Custody Is Granted to the Guardian * Papers Are Filed With the County Recorder’s Office * You Can Now Enlist or Be Commissioned for Active Military Service The process of transferring custody can take up to a year, so it is important to start early and don’t allow yourself to become frustrated. Once you complete initial basic training or officer training and get through your first term of service, you can petition the court to relinquish custody from the guardian and restore custody to you. If you have questions, your family law attorney–like one from Ivy Law Group PLLC–is your best source for...

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