Hiring the Right Bankruptcy Lawyer

November 12th, 2011 by admin No comments »

In this economy the number of businesses and individuals filing for bankruptcy is high. With the pessimistic economic outlook, depressed job market and low consumer confidence, businesses and individuals are suffering nationwide. Sometimes the individual is faced with a mountain of debts and no means to pay them off. Mortgages, car payments, student loans and credit card debt have accumulated over the years into a towering mass of unpaid loans. A sudden major illness, unplanned necessary expenditure, divorce, job loss or transfer can cause you to cave to the financial pressures of debt repayment. If you fear that you may have to file for insolvency in the near future, you have to consult a bankruptcy lawyer right away. Although you can file yourself, the proceedings are usually too complicated for individuals without legal advice to conduct single-handedly. Do not procrastinate in consultation as the delay may cost you money or loss in your assets. However you should take care to consult only competent dedicated attorneys.

If you have friends belonging to the legal community they can guide you in finding a competent bankruptcy lawyer. Those attorneys who are certified by the American Bankruptcy Institute might be more adequately trained. Those law firms who dedicate only to bankruptcy law will be better equipped to address your case. When you engage a bankruptcy lawyer, make sure that the practice is dedicated to this field of law and the firm has wide exposure to such cases. Clients who engage firms who devote their entire practice to bankruptcy would expect better representation. Make sure you can have regular access to the bankruptcy lawyer you are hiring during the filing process. If you do not speak English well you would be wise to consult a law firm where you can deal with a lawyer fluent in your language, so you can communicate effectively while filing for bankruptcy. Do not be tempted by cheap legal fees. Often the expertise of your bankruptcy lawyer may help you save your home, your business and your financial future.

Most filings for bankruptcy are done under chapter 7 and chapter 13. The filings for Chapter 7 have become quite difficult and complicated as the enforcement of the 2005 BAPCPA ( i.e. Bankruptcy Abuse Prevention and Consumer Protection Act) has made it very difficult for an individual to file under Chapter 7. Individuals need experienced advice from a bankruptcy lawyer . Fairfax, VA residents can consult local firms dedicated to bankruptcy cases, when they seek legal counsel when filing for liquidation.

The Purpose of a Family Lawyer

November 11th, 2011 by admin No comments »

A family lawyer deals with issues that affect family members; their aim is to resolve such issues in accordance with the law – notwithstanding their represented family member’s best interest.

Typical areas dealt with by a Family Lawyer:

  • Divorce
  • Spousal or child maintenance
  • Custody
  • Splitting of marital assets
  • Adoption
  • Paternity
  • Domestic abuse

What you are entitled to from a Family Lawyer

  • In addition to legal advice and the assessment of your litigated decisions, a family lawyer negotiates and institutes legal action on your behalf; they check merits for and against your case so as to determine the surest course of action. The lawyer executes all correspondence with the 3rd party and prepares your court pleadings.
  • It’s not uncommon to find family lawyers with well developed counselling skills, as this can be useful when one or more of their clients is undergoing an emotional ordeal resulting from a highly disputed divorce proceeding or a drawn-out custody case.
  • Also, a lawyer with a working grasp of financial and accounting matters proves valuable when it comes to claiming assets and having their proportional value defined.

Things you might not have been aware a Family Lawyer can assist you with?

  • It’s commonly accepted that step-parents aren’t liable for maintaining their stepchildren; on the contrary, it depends on promises that a step-parent obliges unto themselves in the course of their dependable role with the step-child. A family lawyer can establish if maintenance is obligatory even if there isn’t a formal adoption agreement that’s applicable e.g. if a step-parent designated themselves as either the ‘mother’ or ‘father’ on their step-child’s school enrolment form – this in itself can be contested as grounds for continued contributions in the event of the child’s ‘natural parent’ suing for divorce with a subsequent child support claim. For a classical example of such a ruling, refer to MB v NB 2010 (3) SA 220 (GSJ).
  • If a person tasked with paying maintenance fails to do so, they can be tried under a criminal offence. If the situation doesn’t improve, a family lawyer can make an application for a garnishee to be issued whereby the defaulter’s employer gets instructed by the court to deduct outstanding and ongoing child support fees.
  • Both parents are required by law to contribute equally towards their child’s maintenance based on what they earn; this should be aligned to the child’s living standards.
  • A family lawyer can appeal any motion against an unreasonably high maintenance order.
  • Despite custody law favouring the mother when it comes to awarding residence rights where infants are concerned, fathers are can be demonstrated to be capable of “mothering” their children.
  • With valid reason, married couples can revoke their nuptial contract to avoid any potential divorce disputes; all that’s needed is for a lawyer to ensure and certify that no creditors stand to be affected by the appeal.

What are the benefits of having a Lawyer?

  • Family lawyers have the theoretical and experiential competence to guarantee your legal victory.
  • A family lawyer can save you unnecessary expenses and time by establishing a legitimate course of action while acting in your best interest.
  • These lawyers are adept at negotiating and reviewing out-of-court settlement proposals and would be in the position to advice against them where they are dubious.
  • They have access to past case-laws whose precedents they can use to your advantage.