Learning About Divorce Attorney Services

Late On Your Car Payments? What You Should Do Right Away

Posted by on Oct 28th, 2015 in Uncategorized | Comments Off on Late On Your Car Payments? What You Should Do Right Away

It’s easy to get behind on your car payments if unexpected but necessary expenses come up. If this has happened to you, there are a number of remedies to help you keep your vehicle. Contact Your Lender If you are one or two payments behind, contact your lender and tell them why you are late. Many lenders will allow you a pass for a month or two in an emergency situation. They will add the payments to the end of your loan so you will have to pay them eventually and your loan period will then be one or two months longer than it was before. You could request refinancing by them or another lender to make your payments more affordable. If your lender is not helpful or you have additional financial problems, you can try non-profit credit counseling. Your next step may be to go through credit counseling, and should you eventually have to declare bankruptcy, this could help you file faster since it is a requirement. However, credit counseling itself may be the solution to your problems, and may make filing for bankruptcy unnecessary. A credit counselor will likely recommend a debt management plan (DMP). To do this, they will add up your debts and compare them with your income, and then contact all of your creditors to see what discounts to interest and debt they may be willing to make.  After getting their cooperation, the counselor will come up with one monthly payment that you will make to the counseling agency to cover these debts. You will be required to sign a statement promising not to apply for any more credit during the payment period, and you will need to cut up or turn in your credit cards. Being late on your payments has given your credit rating a significant hit; by cooperating with credit counseling to pay off your debts, this will eventually help your credit. The Federal Trade Commission recommends that you check out a credit counseling service first with your local consumer protection agency and your state’s Attorney General to make sure the service you want to use will give you legitimate help and truthful information. If credit counseling is not effective due to various factors, you should consult a bankruptcy lawyer. If your car is repossessed, you may be able to save the vehicle if you work quickly with a lawyer to file bankruptcy. Once you file bankruptcy, creditors are prohibited from any more collection activity due to the automatic stay provision. Your car will be considered part of your estate and under the control of the bankruptcy trustee. Your attorney may be able to get a court order to have the car returned to you for the time being and give you more time to remedy your situation. This is all contingent on your car not being resold already. Even if the car has been resold, it may still make sense to continue with the bankruptcy, especially if you have other debts you are having trouble paying. You should be aware that repossessed cars are often sold at auction for a fraction of what they are worth, and possibly only a fraction of what you still owe on the car. The creditor will then consider any deficiency plus the collection, storage,...

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Chapter 7 Bankruptcy And Debts That Cannot Be Discharged

Posted by on Oct 26th, 2015 in Uncategorized | Comments Off on Chapter 7 Bankruptcy And Debts That Cannot Be Discharged

A chapter 7 bankruptcy filing allows you to leave most of your old, bad money management habits behind, as well as most of your accumulated debts. Bankruptcy means a chance to do better and make a fresh start, however, there are some financial obligations that cannot be forgiven with a chapter 7 filing. There are several types of debt[s] that cannot be discharged, so if you are thinking about filing chapter 7, read on for more information. Taxes: There are several different types of tax debts that cannot be discharged, including: Taxes and penalties for a fraudulent return. Payroll-related taxes. Money owed on taxes for the past three years. Liens related to taxes owed that were placed on property before bankruptcy was filed. Student Loans: In order to discharge a student loan, you must be able to show that doing so would result in an undue financial burden. Whether private or federal government-backed, student loans can only be discharged by meeting these all 3 of these conditions: You must have made a good faith effort to repay the loan up to this point. The debt must present a hardship causing you to be unable to maintain a certain standard of living. The debt must present a hardship that would last for the length of the repayment period. Child Support: A child support obligation is never a dischargeable debt, and any attempts to collect back payments, including wage garnishment and liens placed on property, will continue regardless of bankruptcy filing. Additionally, you must continue to pay any spousal support payments owed, unless you can prove that doing so would place an undue burden upon you The bankruptcy trustee will, of course, take into consideration any undue hardship that would be placed upon your ex-spouse if you don’t pay support. Other: If you owe money as a result of a lawsuit, you must still pay the court-ordered amount. In addition, you must pay any associated court fees. If you owe money related to or as a result of embezzlement, fraud or other criminal activity, you must still pay these obligations. Take care to list all debts on your bankruptcy petition, since you cannot add them once your bankruptcy petition is discharged. You will be responsible for paying any debts not listed in the petition. Some federal government restitution, penalties and fines cannot be discharged. The vast majority of debts can be discharged with a chapter 7 filing, but these exceptions could be pertinent to your case. These types of debts, particularly the tax debts, can be complicated, so be sure to discuss all debts with your chapter 7 bankruptcy...

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Use Third Party Reports To Strengthen Your Case

Posted by on Oct 22nd, 2015 in Uncategorized | Comments Off on Use Third Party Reports To Strengthen Your Case

When you’re pursuing a Social Security disability case, you need to do everything in your power to appear credible to the court. This is where third party reports come in. These reports work to boost your credibility by having people document issues that you are having at home or at work. Having strong third party reports to submit with your case will help make your case as strong as possible. Who You Should Ask For A Report When looking to get a third party report you ideally want to ask coworkers and supervisors. Coworkers and supervisors have firsthand experience with any struggles you have on the job and how that may impact your ability to work. Asking a family member to write a third party report can work to boost your credibility, but because a family member may gain financially from the outcome of your case, it could also negatively affect your credibility. Use third party reports from family members sparingly, and only to document instances your disability affected you at home. What To Include In A Third Party Report A third party report is a statement or letter written on your behalf by a third party. What you choose to include in these statements can help to make or break your credibility in the eyes of the court. The more of these reports you can compile, the stronger your case will be in court. When you ask someone to provide a third part report, you want to ask them to include specific instances where your disability affected you negatively. They should be as specific as possible about the event being sure to include: The time and frequency of the incident How your disability affected you at work Where you were when the incident happened What you were doing when the incident happened How your disability affects your ability to perform your job For example, your supervisor may write that you were unable to lift a box from the floor because back pain prevented you from doing it. This documentation provides proof that your disability is harming your ability to work. Other Ways To Boost Your Credibility You can boost your credibility for your Social Security disability case in other ways than just third party reports. Keeping a pain or injury journal will help document your journey with your disability. You can also ask your doctor to write notes at each visit tat document the severity of your condition. Remember, the more information you have, the stronger your case will be.  If you are looking for other ways to boost your credibility, discuss them with your disability lawyer. They will be able to advise you of the best ways to boost your credibility for your case.  Click for more...

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3 Things You Need To Know About Filing For Chapter 7 Bankruptcy

Posted by on Oct 21st, 2015 in Uncategorized | Comments Off on 3 Things You Need To Know About Filing For Chapter 7 Bankruptcy

Whenever times are tough, it can be difficult to pay all of your bills. It can be easy to get into an endless cycle of overextending your finances every month – to the point where it seems impossible that you will ever get everything paid off. Filing for Chapter 7 bankruptcy is one way that you can eliminate a lot of your debt and finally not have to worry about debt collectors. Here are three things you need to know about filing for Chapter 7 bankruptcy. 1. Not all of your debts may qualify for discharge. While Chapter 7 bankruptcy allows for most debts to be discharged, there are some debts that can’t be removed. Some of those debts include: Child support Alimony Recent tax debt Student loans (unless you prove that repayment would pose an undue financial hardship on you and your family) Court fees Certain court judgments Debts you failed to list on the bankruptcy schedule There are other types of debt that you won’t be able to get rid of in a Chapter 7 bankruptcy. If you have questions about how much of your debt you can discharge, you will need to consult a bankruptcy attorney. 2. There are restrictions to how often you can file for bankruptcy. If this isn’t your first time filing for bankruptcy, you need to know that there are restrictions to how often you file to have your debts discharged. Your ability to file for Chapter 7 bankruptcy again will depend on the type of bankruptcy you filed previously. For instance, if you previously filed for Chapter 7 bankruptcy, you will have to wait eight years before you can file for it again. However, if you previously filed for a Chapter 13 bankruptcy, you only have to wait six years before you can file for a Chapter 7 bankruptcy to get rid of your debt. 3. You are required to complete credit counseling before you file. One of the most important parts of filing for bankruptcy is completing the credit counseling requirement. You must fulfill this requirement within the six months prior to filing for Chapter 7 bankruptcy. The credit counseling you receive must be from a counselor who is approved by the U.S. Trustee’s office. Failing to get counseling from one of the approved credit counselors can result in you having to go through the counseling process again.  The main purpose of the credit counseling requirement is to see if it’s possible for you to avoid filing for bankruptcy. In some cases, a repayment plan is worked out. However, for many others, repayment is just not feasible, and bankruptcy can’t be avoided. Even if you think that there is no way to avoid bankruptcy, you can benefit from the credit counseling that you have to get. Not only can it help you get an idea of how much money you have to spend versus how much you have in bills, but it can help you make better financial decisions after bankruptcy. You can see the financial mistakes you made that led you to filing for Chapter 7 bankruptcy, as well as learn ways to avoid them in the...

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Inheritances And Chapter 7 Bankruptcy: 3 Ways You Can Keep Your Money

Posted by on Oct 20th, 2015 in Uncategorized | Comments Off on Inheritances And Chapter 7 Bankruptcy: 3 Ways You Can Keep Your Money

When you file for Chapter 7 bankruptcy, you give your bankruptcy trustee absolute control over your estate, which is made up of your assets. Your trustee is in charge of selling your assets and using the proceeds to pay off your debts. If you receive an inheritance shortly before or after filing for bankruptcy, the assets you inherit become part of your estate and are liquidated to pay off your creditors. However, there are some exceptions to this rule. Following are three ways you can keep money given to you through an inheritance. Timing If a loved one dies within 180 days of the date you filed for bankruptcy and leaves you an inheritance, it can become part of your estate. However, if a loved one dies 181 days after you file, the inheritance is exempt. The date you receive the inheritance is unimportant. The clock starts ticking as soon as your loved one dies. If it takes you a year to get your money, it may still go to your estate if your loved one died within 180 days of your file date. Exemptions Although each state is different, some states allow you to keep select property by making it exempt. If your inheritance is below the exemption amount allowed in your state, you can use your exemption to keep your inheritance. If the value of your inheritance is above your state’s exemption limit, you may be able to file for a federal exemption.  Trusts Certain types of inheritances are exempt from liquidation during Chapter 7 bankruptcy. For example, money left in certain types of trusts, such as a spendthrift trust, cannot be added to your estate when you file for bankruptcy. If you have an ailing parent who is going to leave you an inheritance after their death, you can make sure that your inheritance doesn’t go to your creditors by waiving your right to your inheritance. This is done before you file for bankruptcy. If you file a waiver you won’t get the inheritance, but neither will your creditors. Your inheritance will be split with the other heirs as listed in your parent’s will.  You don’t simply have to hand over an inheritance to your creditors. There are several legal ways that you can prevent your money from getting added to your estate and liquidated. If you’re expecting an inheritance, talk to a legal office like Sever Law Office about your...

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About Me

Hi there, my name is Nancy. My second marriage fell into shambles not long after it began. I attributed its demise to the fact that it was a rebound relationship. The divorce proceedings were as turbulent as the relationship, so it was necessary to hire an attorney for the entire process. The attorney acted as a mediator to determine a mutually acceptable divorce agreement. I will use this blog to talk about the services provided by the divorce attorney in more detail. I hope you can use the information on my site to work through your divorce with as little stress as possible.

November 2015
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