Bankruptcy I represent individuals in Chapter 7 and Chapter 13 bankruptcy proceedings, at both the state and federal level that are initiated by either an insolvent individual, or business, or creditors seeking to have the debtor's remaining assets distributed among the creditors and, thereby, discharging the debtor from further obligation or restructuring and reorganizing the insolvent's debt structure.
For more information about how I can help you, click on the subjects listed below:
Chapter 13
Chapter 13 is a useful method by which you can repay creditors as best as you can, while retaining your property. The filing of any bankruptcy provides you with protection by way of an "automatic stay", which means that your creditors must deal with you through your attorney. They may not call you, sue you, garnishee you or take any other action to collect their debts without court permission.
Chapter 13 is funded by a payroll deduction order from your employer or a payment from you if you are self-employed or receive social security. If your employer does not honor the payroll deduction order, it becomes your responsibility to make these payments.
While you are in Chapter 13 bankruptcy, you may not incur any additional credit without court permission. An exception is made for emergency situations, such as medical emergencies. Past due post-petition utility bills are not considered emergencies and borrowing to cover such debts would be frowned upon by the courts. Likewise, you may not sell any of your property without court permission.
After you file for bankruptcy, you will be required to attend a Meeting of Creditors. During the Meeting of Creditors, the Chapter 13 Trustee will review the proposed payment plan with your creditors. At the same time, your attorney will probably engage in the negotiation process with the creditors which may result in a modification of your plan and a modification in payments. Most creditors have 90 days from the Meeting of Creditors to file claims. (Governmental units have 180 days). If claims are not filed within that time, those claims are barred and need not be paid, unless you consent to do so.
Upon the successful completion of your Chapter 13, you will receive a Discharge Order from the bankruptcy court. This means that your listed debts are considered discharged, even if they are not paid in full. This means that these creditors cannot attempt to collect these debts from you. Certain exceptions are made in such obligation, such as long-term mortgages, alimony and/or child support payments, and/or student loans.
Chapter 7
Individuals, who for a variety of reasons are unable to pay their bills, may prefer chapter 7. The reasons may vary from a reduction in income to unexpected medical bills to getting caught in the credit card trap. Chapter 7 gives you a fresh start, while permitting you to pay every bill you are able to pay and wish to pay. Chapter 7 eliminates those debts you are not able or do not want to pay. Valid liens, security agreements and mortgages survive Chapter 7 even though the underlying debt is discharged. Creditors who could repossess your car or furnishings, or foreclose on your home, may still retake their collateral if you get behind in your payments after the bankruptcy is closed. However, you are not responsible for the payment of any deficiency after your collateral is sold.
There is a common misperception that you lose your property in a Chapter 7. The bankruptcy act provides very generous exemptions that allow you to keep all property classified as exempt. Your Court appointed Trustee might sell any property that is not exempt. However, very few people have any property that exceeds the allowed exemptions.
Plaintiff's Personal Injury I represent individuals injured because of the negligent or intentional behavior of another. Victims of personal injury are entitled to financial compensation for their medical and property expenses, incidental costs caused by the accident, and may be entitled to additional damages to cover future expenses, pain and suffering, or other issues.
For more information on the particular focus of my personal injury practice, please click on the following topics:
Automobile Accidents
I have represented a large number of automobile accident victims. I take great pride in limiting my representation to plaintiffs and in representing no insurance companies involved in these claims. I am committed to treating each case, large or small, with the seriousness it deserves in order to assure that each of my clients receives the compensation that he or she deserves.
To learn more about protecting your rights in an automobile accident, click on What Should You Do After and Automobile Accident?
What Should You Do After an Automobile Accident?
- Obtain the name, address and telephone number of the all drivers involved in the accident.
- Obtain each driver's car insurance company's name and telephone number, and the policy number, if available.
- Report the accident immediately to the police and your insurance company, regardless of who is at fault.
- Cooperate with the police in preparing an accident report.
- Photograph the vehicles involved in the accident.
- See a physician without delay if you are experiencing pain. Unfortunately, most times the pain will not subside without sometreatment.
- Get legal advice before filling out insurance documents or giving recorded statements to any insurance company (even your own company), or meeting with any insurance company representative.
- Photograph your injuries. This will support the magnitude of your injury as bruises and cuts may heal, but tissue beneath the skin may not completely heal.
- Gather all insurance policies in your household for evaluation by an attorney. You may be entitled to insurance coverage for a separate insurance policy.
- Get legal advice before signing any check or document from an insurance company.
Slip and Fall
"Slip and fall" describes the type of injury suffered on someone else's property as a result of a defect, slippery substance, or other dangerous condition. These injuries commonly occur at supermarkets and restaurants due to food on the floor. The general rule of law is that the owner or operator of the premises has a duty to keep the premises in reasonably safe condition or at least warn customers of a dangerous condition of which the owner or operator either caused, knows about, or should know about.
