Posts Tagged ‘Judgments’

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

November 13th, 2009



Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. Today you need much more from your law firm to get your Chapter 7 petition approved.

Under the new regulations, the government requirements to obtain a Chapter 7 bankruptcy are:

# Obtaining a Special Edition Credit Report of your obligations

# Transfers of your accounts to collection agencies

# Third-party assignees and if any judgments have been obtained against you

# Obtaining a copy of your IRS Tax Transcripts

# The Pre-Filing Credit Class

# Performance and certification of the Financial Means Test

# Preparation and filing of your petition

# Payment of all court filing fess;

# Representation at court hearings (as known as the Meeting of Creditors)

# A copy of your official filed bankruptcy petition

# And the Post-Filing Credit Class.

Arguably the most difficult and the most critical part of the Chapter 7 process is the new “means test.” The means test compares the debtor’s income in the six months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.

Another crucial step in getting your Chapter 7 bankruptcy petition approved is the “341 creditors meeting.” The meeting takes place one to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure you are prepared properly for the meeting.

Considering both the new and the old requirements, it may be in the best interests of a debtor to hire a law firm that has both bankruptcy lawyers and a professional accountant.



By: marryzalaa

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

November 6th, 2009



Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. Today you need much more from your law firm to get your Chapter 7 petition approved.

Under the new regulations, the government requirements to obtain a Chapter 7 bankruptcy are:

# Obtaining a Special Edition Credit Report of your obligations

# Transfers of your accounts to collection agencies

# Third-party assignees and if any judgments have been obtained against you

# Obtaining a copy of your IRS Tax Transcripts

# The Pre-Filing Credit Class

# Performance and certification of the Financial Means Test

# Preparation and filing of your petition

# Payment of all court filing fess;

# Representation at court hearings (as known as the Meeting of Creditors)

# A copy of your official filed bankruptcy petition

# And the Post-Filing Credit Class.

Arguably the most difficult and the most critical part of the Chapter 7 process is the new “means test.” The means test compares the debtor’s income in the six months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.

Another crucial step in getting your Chapter 7 bankruptcy petition approved is the “341 creditors meeting.” The meeting takes place one to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure you are prepared properly for the meeting.

Considering both the new and the old requirements, it may be in the best interests of a debtor to hire a law firm that has both bankruptcy lawyers and a professional accountant.



By: simon

6 Crucial Questions to Ask Before You Hire a Criminal Law Lawyer

November 4th, 2009



Question #1: How much experience do you have specifically in the field of criminal law?

Some lawyers accept just about any case that comes their way, and then they find another attorney to handle it in return for some of the money recovered. You’ll get better results with an attorney whose only focus is on criminal law.

A criminal lawyer with extensive experience will understand how to aggressively represent you in and out of state and federal court rooms. In addition, you’ll likely get an accurate estimate for the length of your case and its strong and weak points.

Question #2: What are your qualifications?

You’ll want to find a criminal law lawyer who is licensed to practice before state and federal courts within your state, as well as the United States Court of Appeals and the U.S. Supreme Court.

Question #3: What professional associations do you belong to?

Involvement with professional associations helps demonstrate a lawyer’s commitment to the legal system. Some favorable associations include the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America. Also, look for attorneys who are members of the trial lawyers and bar associations from your state.

You may also want to seek out lawyers who are members of the Million Dollar Advocate Forum, an organization whose membership is limited to attorneys who have obtained settlements or judgments of $1 million or more.

Question #4: Will you handle my case or will you assign the case to an assistant?

Some law firms use senior lawyers to bring in cases and then assign the cases to assistants. You want an experienced criminal law lawyer handling your case.

Question #5: What are the fees for using your services?

Your attorney should be upfront about the merits of your case and fee. During your initial consultation, you should find out what your case will cost. A flat fee agreement will ensure there are no hidden charges.

Question #6: (Ask yourself this final question.): Do you trust the lawyer?

Find out what reputation your lawyer has with clients and the legal community. In addition, make sure your lawyer takes significant time to listen to you carefully, take notes and read your file thoroughly. Let your lawyer show you that he truly cares about the outcome of your case.

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Frederick D. Paoletti, Jr. is the founding principal of Paoletti & Gusmano Attorneys at Law, a criminal defense and personal injury firm located in Bridgeport, Connecticut. For more articles related to protecting yourself during personal injury and criminal situations, please visit http://www.paolettilaw.net.

 



By: Frederick D. Paoletti, Jr.