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Family Law

How a Bankruptcy Attorney Can Help You Navigate the Ins and Outs of Chapter 13

When a debtor is faced with mounting debt and cannot afford to pay their creditors, filing for Chapter 13 bankruptcy may be the best option. This form of bankruptcy allows a debtor to keep their assets while paying back their debts through a court-instructed payment plan over 3 or 5 years.

The best Phoenix bankruptcy attorney can help you navigate the ins and outs of filing for Chapter 13 and ensure that your bankruptcy case is a success. They will also explain how your bankruptcy will affect your credit report for the next 7 years.

Loss Mitigation and Modification Plans

During the initial part of a Chapter 13 case, the debtor files a motion in front of the Bankruptcy Court for Loss Mitigation to seek a modification or cramdown of their mortgage loan that they have defaulted on. The lender’s attorneys have the right to oppose that motion and to try to show that a mortgage modification would not be sustainable economically or that the loan has already been refinanced.

Once the lender’s attorneys have a chance to respond, the debtor will then proceed to a meeting with the Bankruptcy Court to present its case for a Chapter 13 loss mitigation modification. At this time, the debtor will present their budget, a Chapter 13 plan, and a number of significant other documents as proof of the feasibility of a Chapter 13 modification.

In addition, the debtor will be required to provide a letter from a budget counseling agency that has been approved by the United States Trustee in which they will verify that they have completed a course of budget counseling. This can take some time and can be an important step to confirming the plan.

This type of bankruptcy is usually the most effective for individuals who have a steady income and pass the means test, which requires them to have sufficient disposable income to make payments on their debts over the plan’s duration. This can be from employment, pension, Social Security, disability or unemployment payments.

The debtor’s disposable income is then used to pay off the creditors under a chapter 13 repayment plan for 3 to 5 years. Once this period is complete, the remaining unsecured debts are eliminated.

Repayment plans are based on the debtor’s income and expenses, so it is important to work with an experienced lawyer who can help you create a payment plan that is reasonable. This can include adjusting the plan to account for any changes in your income or expenses.

There are many advantages to this form of bankruptcy but there are some drawbacks as well. Generally, the debtor is able to keep all of their assets while making payments on their debts, but there are certain types of debt that can’t be discharged under this type of bankruptcy.

For example, current tax obligations and student loans are not eligible for discharge under this type of bankruptcy. However, child support and alimony may be able to be discharged.

Family Law

Tips on How to Drop Domestic Violence Charges- a Family Lawyer Elucidates

It is clear that domestic and family law attorneys are charged with a unique responsibility when it comes to handling domestic and family disputes. If you are experiencing an immediate problem involving domestic abuse, and your divorce law attorney is not doing anything to help you, then fire him/her. In most instances of domestic abuse, the judge may be required to issue a temporary protective order against the abuser and/or the victim’s children of the relationship. This order prohibits the abuser from contacting the victim or their children in any way, whether verbally or physically.

Unfortunately, spousal abuse often times results in more than just one divorce. Many times, the victims are unwilling to cooperate with the abuser, and they end up filing for divorce themselves. Divorce lawyers who are skilled in working with victims of spousal abuse may be able to convince the courts to issue protective orders against the abuser, thereby preventing further spousal abuse from taking place. A divorce lawyer who is experienced with these types of cases may be able to protect the legal rights of their client, as well. Many individuals do not want to end up in a situation where they have to disclose their entire intimate history to a complete stranger.

 

A divorce and domestic violence attorney can also assist their client with issues related to child custody. Often times, if a child is involved in a violent environment, his/her best interests are not being represented. Unfortunately, many times, family law attorneys do not fully understand the laws surrounding child custody and what the courts expect. If you feel that your child has been severely neglected, you will want to discuss this with a family law attorney. The attorney can explain the legalities and the factors involved in child custody and why you as a parent are being served the punishment, rather than the abuser.

 

A divorce and domestic violence attorney can also be very helpful when it comes to dealing with other legal issues. For instance, many individuals who are in an abusive relationship are often times denied access to the family court. If you or a loved one have been abused by a spouse or partner in a civil or criminal setting, it is important to consult a family law attorney as soon as possible. There may be things that need to be done at the family court level in order to protect the victim and ensure he/she has the ability to pursue the abuse charges against the perpetrator. An experienced attorney may even be able to file motions in family court in order to prevent the abuser from returning to the scene of the crime.

 

family law attorney serving in all of FloridaIt is imperative that individuals who have experienced abuse in a divorce case seek legal counsel as soon as possible. Victims of spousal abuse or violent relationships should never ignore calls from their lawyer or any information they may have regarding abusive behavior. Many victims of this type of crime tend to be fearful and do not express many concerns to family or friends. This means that they may be further victimized if they choose to remain in an abusive relationship, said family law attorney serving in all of Florida.

 

It is very important for victims of domestic violence to seek legal counsel immediately after being the victim of abuse. If the victim does not seek legal counsel, he/she is putting themselves at risk of not only further victimization but may also put the physical safety of their children in jeopardy. A family law attorney can not only advise them on legal action they may have to take, but can also help them deal with creditors and the various systems that they may be dealing with after the divorce. It is very important for survivors of domestic abuse to seek legal representation as soon as possible after being the victim. There is so much that can be done in order to ensure the safety and security of family, especially children.

Family Law

Four (4) Basic Things you Should Know in Filing for Divorce

The first steps to obtaining a divorce are: Finding the right legal documentation (Severability Agreement, Domestic Partnership Agreement, etc. ), getting a divorce lawyer (or, not hiring a lawyer), having your divorce papers entered into the court record, and getting a divorce attorney. You can also use the same steps to apply for child custody and visitation rights. In any case, there are steps in divorce that you and your spouse must take before beginning the actual divorce process, and these are discussed below.

First, finding the right legal documents (Severability Agreement, Domestic Partnership Agreement, etc.) to start the divorce process is very important. These documents tell you what you can do legally once your divorce has begun. They outline how long you have to complete the divorce process; how many steps you will have to go through before you finalize the divorce, and what is expected of you and your spouse during the divorce process, including child custody and visitation. Also, divorce attorneys will explain what is involved in filing the divorce, having your divorce filed, getting a divorce judgment entered, and what type of financial information you should provide when applying for your divorce.

 

Second, you will need to have a divorce lawyer to file your divorce decree. A divorce lawyer will help you fill out the divorce paperwork and file it with the courts. Once you file the divorce decree, you will be able to officially separate from your spouse. Your divorce lawyer will also inform you as to what steps you need to take to change your title (property, name, or jointly held mortgages) so that your debts are cleared. Divorce mediation is sometimes used by spouses who want to amicably divide their property. Usually a divorce mediation lasts about two weeks and involves a neutral third party that helps you to settle your disputes.

 

Third, the divorce process will start with an evaluation of your case by your lawyer, said the best family lawyer in Fort Myers. He or she will determine whether there are grounds for divorce, and he or she will guide you through the legal steps that you need to take. The next step is filing a petition for divorce, which you will need to do personally or through your lawyer. Filing the petition for divorce can be a very stressful process, so make sure that you do not rush through it. Make sure that you have researched local divorce laws thoroughly, and that you have a solid understanding of how the court system works so that you know what to expect when your divorce case goes to court.

 

the best family lawyer in Fort MyersFourth, after the filing of the divorce petition, there will be a series of administrative steps that you will need to take. First, you will be required to attend to child custody, visitation, and any other matter that are important to you, and this will usually happen within 90 days. Next, you will have to decide if you want to have a lawyer represent yourself in the divorce proceeding, and you will have to abide by your lawyer’s orders regarding any filings, pleas, etc. Finally, you will be required to provide the courts with all necessary information, including proof of income and assets, and you will have to abide by any agreements reached between you and your spouse. There is really nothing that anyone can do during these steps, but your divorce will be final once it is filed.

 

When it comes to dealing with divorce, it is a good idea to have an understanding of each of these steps. It can seem confusing, but knowing the different steps will help you make the process go much more smoothly. Divorce lawyers are well-trained in these issues, and they are experienced with everything from simple divorce settlements to complex divorce proceedings. This knowledge ensures that your divorce proceeding will go as smoothly as possible, and that you can focus on putting your finances in order and forgetting about your marriage. It is also helpful to understand that there are no quick and easy divorces, and that you may face many months or even years before you can fully move on and heal from your divorce.