Personal Bankruptcy Lawyer – Be Honest About Your Finances

Before you begin your quest to find a suitable personal bankruptcy lawyer it is first of all necessary that you get to understand exactly what personal bankruptcy is and what the ramifications of it are. It is only after you have become well educated about what personal bankruptcy is can you expect to identify the right lawyer. Also, you must remember not to act in haste and hire a lawyer thinking that this is all that it takes to solve all your financial woes.

State Regulations

Filing for personal bankruptcy actually only tells the world at large that you have done everything possible to recover from a financially disastrous situation and have so far failed in being able to recover your financial health. It also means that you are so mired in debt that all hope of sustaining your finances has been lost. What’s more, the state in which you are currently a resident of will have its own personal bankruptcy regulations that will affect your case. This in turn means that you will need to ensure that you hire a personal bankruptcy lawyer from this state.

An ideal lawyer is someone that is able to handle you and your financial troubles in an easy and friendly manner. They should be trustworthy and have proven competence to handle your personal bankruptcy and it is also important that you are able to communicate effectively with one another. For your part you must never withhold any information related to your finances.

By withholding important information from your personal bankruptcy lawyer you will give rise to new problems that will put you into even deeper trouble than you already are in. In fact, a lawyer will only be of use to you if you let them know the complete facts related to your personal bankruptcy and your future too will depend on complete transparency and honesty in providing every available fact.

Before hiring a personal bankruptcy lawyer you should of course have a few probable candidates in mind who will need to be personally interviewed by you and who in turn must demonstrate their ability to solve your problems to your entire satisfaction. It is therefore a good idea for you to look at only those candidates that have extensive prior experience in handling personal bankruptcy cases and who come with good references.

In a similar vein when filing for corporate bankruptcy you will do well to look for a suitable corporate bankruptcy lawyer that will show you how to navigate through the complicated corporate bankruptcy laws.

At the time of meeting with your personal bankruptcy lawyer makes sure to have a list of all of your creditors on hand including those who have given you personal loans. Only by providing them with complete facts and information can you expect to stand the best chance of being recommended the best course of action and this in turn ensures getting maximum advantage.

Bankruptcy Attorneys – Tips For Locating Personal Or Business Bankruptcy Lawyers

Retaining the services of bankruptcy attorneys is not required by law. However, filing bankruptcy is no easy feat and generally requires some level of legal assistance. Bankruptcy attorneys specialize in helping individuals and businesses obtain debt relief through the various bankruptcy chapters.

Most bankruptcy attorneys specialize in either personal or corporate bankruptcy. Personal bankruptcy chapters include 7 and 13. Chapters 9 and 11 are generally reserved for corporations and partnerships; however, individuals with extensive debts can file Chapter 11. Chapter 12 bankruptcy is reserved for farmers.

It is a good idea to consult with at least three bankruptcy attorneys before making a final decision. Keep in mind you will be spending a considerable amount of time with your lawyer and their staff.

Oftentimes, paralegals are assigned to your case and will conduct the majority of work. This helps keep legal fees affordable since paralegals are compensated at a lower hourly rate than attorneys. Therefore, request the presence of the paralegal and other staff members at your initial meeting.

One of the best sources for locating bankruptcy attorneys is other lawyers. The majority of attorneys network with colleagues and are familiar with their skills and areas of expertise. If you retain the services of an attorney for other legal matters, ask for a referral.

If you have friends, relatives, neighbors or co-workers who have filed bankruptcy, ask them for a referral. This can be a touchy subject, so it is best to ask the person in private. It’s not a good idea to yell across cubicles to ask Sally how she liked her bankruptcy lawyer. It’s also not a good idea to ask someone for a referral unless they have personally told you they filed bankruptcy.

If you prefer to seek out bankruptcy attorneys on your own, visit the American Bar Association website at www.abanet.org. ABA provides a list of nationwide bankruptcy lawyers. Although most ABA chapters do not offer referrals, they can provide a list of names and contact information.

Once you have compiled a list of bankruptcy attorneys, contact each to arrange an initial consultation. Be certain to ask if the law firm provides complimentary consultations or if there will be a fee. Additionally, ask what documents they will require and request three to four customer referrals.

Most bankruptcy attorneys will require financial information including income, expenses, current tax return, real estate and financial portfolios, and a list of assets such as automobiles, jewelry and household furnishings.

By reviewing your finances, lawyers can advise which bankruptcy chapter you are qualified to file. Chapter 7 requires liquidation of assets to repay creditors, while Chapter 13 requires repayment of debts over a specified period of time.

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) enacted in 2005, has made filing bankruptcy exceptionally challenging. One provision requires debtors to repay a portion of their debts whenever possible. Every person who files for bankruptcy protection must undergo the ‘means’ test to determine how much of their debts they will be required to pay.

Additionally, BAPCPA requires debtors to undergo credit counseling through an agency approved by the U.S. Trustee Program. A reputable attorney will explain the rules of BAPCPA, the pros and cons of each bankruptcy chapter and advise you of all options available.

Last, but not least, it is best to work with bankruptcy attorneys who put you at ease and thoroughly answer your questions. Undergoing the bankruptcy process can be quite stressful. The last thing you want to do is work with an attorney who is harsh, impatient or makes you uncomfortable.

Lawyer Jobs – Top 5 Lawyer Job Opportunities

If you have made up your mind to build a career in law you might want to look up at job opportunities this field has to offer. Law being the most booming career option of the day is offering numerous opportunities in many different offices. Studying law no more means that you can just be a lawyer. In fact there are many more law careers which will make you earn far more than the most popular of lawyers. Here go five of the most popular lawyer job opportunities of the day:

1) Civil Litigation: This job indeed is a necessity of the current turmoil in the economic scenario. Recent times have seen a steady growth in the number of litigations every year. Businessmen had higher expectations but it seems that not meeting up to the expectations have compelled them to consult legal professionals with managing their finances. Lawyers specializing in fields concerning civil litigation like insurance defence, commercial litigation, labour and employment, class action, regulatory action and personal injury lawsuits are especially in demand these days.

2) Green Law: The recent times have also seen a growing awareness for saving the environment. Environment laws are now being taken more seriously. With the advancements in the field of technology there has also been a growth in the all round awareness. Issues like global warming, greenhouse effect, deforestation, renewable energy sources are catching up. Environment law professionals guide people along the green business thing. This is indeed one of the most interesting of lawyer jobs.

3) Labour and Employment Law: Recession has hit the global market and it has hit hard. Cost cutting has seen thousands of employees being unemployed in seconds. This calls for employment lawsuits which needs expert professionals to deal with them. If you are looking for challenging law careers this indeed is one. Even after the recession is over and the professionals have their jobs back they will definitely require to file for litigations which in turn will make way for many lawyer jobs.

4) Intellectual Property Law: This is often considered to be the most powerful asset possessed by any company. With the recent progress in science and technology there has been a huge rise in upcoming authors, businessmen, musicians and other creative work professionals who keep looking for exclusive rights to secure their creations from being stolen and use for personal benefits. These lawyer or attorney jobs require legal professionals to be experts at trademarks, copyrights, industrial design rights, patents and trade secrets. This indeed is another challenging attorney career but also one which pays huge amounts.

5) E-discovery Practice: The developed technology calls for legal professionals to safeguard electronic data. Discovering and managing this data is a very important requirement for the technical companies something for which they eagerly pay lawyers millions of dollars. A professional needs to be specialized in preserving, identifying, producing and reviewing electronic data in litigation. This electronic data is usually referred to as electronically stored information (ESI).

Trial Lawyers Strictly Disagree With the No Fault Insurance

It is just so sad that the well organized and well financed lawyer’s lobby does not consent the idea that no fault insurance plans are established in California to Rhode Island. According to the American Trial Lawyers Association, the ways of the lawyers are different from one another mainly because there is an argument as to whether or not allow people to recover from injuries without any certain amount to be given to them. The ones who are affected by these limitations are those victims who seriously try to settle claims without the help of the court and those who file a case to redeem damages. In fact, it was in Illinois wherein an amount of $100,000 was spent by the trial lawyers which resulted to an unsuccessful lobbying effort to kill the bill.

The no fault proposal was then proclaimed as a law wherein afterwards, the Illinois Trial Lawyers Association filed a suit. The law has been recently declared unlawful by the State Supreme Court because it doesn’t include the welfare of some groups of accident victims. The pending no fault bills do a terrible thing, based on the argument of the group of lawyers in Arkansas and California because this refrain people from bringing their problems in the court. A pending bill was attacked by the state Trial Lawyers Association in New York wherein they said that this bill does not allow civil rights such as to sue and also it prevents lawsuits from recovering damages for injuries.

The individuals who do not share the same perspective as the trial lawyers do are beginning to come about. This opposition team is preparing to introduce in Congress a Federal Automobile Insurance Reform Act which would protect the tort damage lawsuit right, a more extreme ‘no fault’ that supporters want to remove. What the trial lawyers’ bill has is that it owns their customized no fault provision. What the new Federal government corporation will do is to provide auto accident victims with the rightful compensation taken from the national gasoline tax. All of them would receive something whether they were guilty or innocent or whether they were insured or not.

The court would deduct the amount collected from the government although the right to sue and collect from the guilty driver would be preserved. These guilty drivers are no longer threatened by the no fault idea, they just want to retain the wrong legal system and they see the no fault as a justifiable social welfare principle and not as an insurance gimmick said the general manager of the Trial Lawyers Association and professor of the Boston University Law School. He says the trial lawyers believe their proposed federal corporation would be able to pay 90 per cent of all personal injury auto claims in full out of gasoline tax revenues.

Definitely, rates would go down for injury liability insurance because it has been subsidized by the government. There is a possibility that with the given subsidy by the government, most states would then require this. If that happens, the government would then have to spend over $3,000 or more per person. The payments given to the victims will compose 90 percent of all personal injury claims that includes hospital expenses, medical care and income loss. Victims will receive immediate payments except those who have committed a crime against the law, those who drive drunk and are under the influence of drugs and those who drive without license.

The Trial Lawyer’s bill provides a competition for private insurance companies because what it basically does is to give the government a right to sell policies. With this, the Government Company would then be allowed to sell personal injury liability insurance. Yet, motorists are still responsible for paying such coverage just like what they do now.

The Top Lawyers in Canada

The top lawyers in Canada typically work in the law firms which have offices across the border in the US. Three of these firms are Stikeman Elliot L.L.P., Torys L.L.P. and Blake, Cassels and Graydon L.L.P. While there are many lawyers in the US who are specialists in Canadian law, the same can not be said of Canadian lawyers on the whole.

Top Canadian lawyers work in the fields of finance, business and energy rather than family law. And as the environment and preservation of the wildernesses of Canada is important, many top lawyers are environmental lawyers. Among the best of these is Dianne Saxe who in the Best Lawyers edition of 2010 was listed in the category Best Lawyers in Canada in the specialty of Environmental Law.

Other top lawyers deal with First Nations of Canada and the best of Canada’s lawyers figure prominently in Lexpert, which is the Canadian Legal Lexpert Directory which gives details of Canada’s leading lights in the legal field. Anyone wanting to find the best lawyers in Canada would do well to peruse this directory.

Lawyers who work for the law firm of Stikeman Elliot figure quite highly in this directory several being considered experts in the field of Energy, with Erik Richer La Fl├Ęche recognized in Euromoney’s “Guide to the World’s Leading Project Finance Lawyers” and named as a “leading lawyer” in the project finance sector of the IFLR “Guide to the World’s Leading Financial Law Firms.” He also figures in the International Who’s Who of Public Procurement Lawyers, so he is amongst the best of lawyers in Canada.

Another of Stikeman Elliot’s leading lights is John W. Leopold who is a senior partner of the firm. He is one of the “Thirty Most Influential Private Equity Attorneys” in the world, according to the November 2006 edition of the Private Equity International magazine and the only Canadian lawyer listed in that top thirty.

Many family lawyers across Canada employ female lawyers as a plus point, as do other law firms in many other countries, as it seems that females are thought to be more understanding of family issues than men, or at least it seems that the general public would rather have a female family lawyer than a male one. There are many top female lawyers in Canada who specialize in family law, and looking through the directory mentioned above will help you to find any top lawyer in Canada if you have need of one.

Finding The Right Lawyer For Your WRAP Property

When seeking the right lawyer for your WRAP property purchase, you need to know that the lawyer you choose has expertise in conveyancing. It is also preferable if he or she has handled ‘Vendor Finance’ contracts as well, and is comfortable working with them as not all conveyancers are. Without doubt, you are going to find a solicitor very easily and find several law firms in your local area. Simply look online or through your local directory listings for those near you. Visit a few solicitors first to discuss with them what sort of business you will want them to handle. When you know that they are comfortable in handling a Wrap property deal and you are happy with their attitude, then you’ve likely found the right one.

Buying and selling Wrap Property is clearly a legal process so it’s important that you get the best advice from the start. When a Wrap contract is signed, both parties are committed to a range of legal rights and responsibilities and you need to be clear on what they are and why they need to be in place. You may want to have the option of changing some of the terms and conditions of the contract and your lawyer must know what is possible, what isn’t and what is in the best interests of you.

When you have found the right solicitor, you will need to give their details to your intended Wrappee. There is absolutely no problem with the Wrappee using the same legal firm that you are using but you will likely find that they prefer to find one of their own just to make sure that there is no conflict of interest and they will be more confident that they are getting the best deal possible.

Because Wrappers focus on the capability of the Wrappee to make regular payments, rather than because they fill a certain check box criteria that the banks insist upon, there has to be an acceptance that both the Wrapper and Wrappee are carrying some extra risk. Of course, the Wrapper most certainly seeks to balance the risk he or she takes with the most attractive positive cashflow return from the property they purchase, and they would have taken that into consideration during the risk mitigation process. But the Wrapper is providing a service which not only matches but often betters what the financial institutions can provide because it needs to be tailor made to meet the circumstances of both the Wrapper and Wrappee.

For these reasons, and because of the more unusual circumstances of purchasing the positive cash flow property, it is of the utmost importance that the right Vendor Finance lawyer is found for both parties.

Protecting Your Finances During a Divorce

It is no secret that going through a divorce is a costly endeavor, but people often underestimate the danger that it could pose to your credit. The main problem, which many people are unaware of, is that lenders are not required to follow court decrees. These decrees assign the responsibility of paying off loans to one person, however, lenders may choose to ignore this decree and still expect you to make payments on your loan. Assuming that you are no longer responsible for a loan and the obligations that go along with it can lead to missed payments and overall damage to your credit.

Take Care of Finances Early

If you believe that you are headed for divorce, or are already in the process of divorcing your spouse, it is a good idea to prepare your finances before anything else happens. If you have a joint account – it should be split immediately. Mortgages and car loans should be refinanced.

It may be more useful in the long run for you to sell any property that has a high payment attached to it. One person may not be able to shoulder the payments of what used to be a two-party loan. Selling any large property might also take some of the stress out of the divorce proceedings since there will be no large property to argue over when it comes time to divide your belongings.

Divorces can often turn very ugly very quickly. Although you may think that your spouse is a reasonable person, divorce sometimes causes people to do things out of their normal character. It is much better to ensure that neither party has the possibility to get a hold of each other’s credit cards, just in case an angry spouse decides to take revenge and rack up large credit bills. Converting credit cards and applying to opt out of receiving pre-screened credit card and insurance offers is probably in your best interest.

A Divorce Lawyer Can Help

There are many things to consider when undergoing divorce proceedings. Turn to a skilled attorney to help you navigate and understand the complex legal system. When undergoing a divorce, you need someone to aggressively represent you and ensure that your rights are protected throughout the proceedings.

Financing Legal Fees (Factoring)

While most small and medium sizes law firms want to grow and prosper, few have the necessary working capital to handle increased case loads or extended settlement payment. Factoring, which is the purchase and sale of accounts receivable (in this case, legal fees) at a discount at or near the time of creation (settlement), can help solve this all too familiar cash flow problem.

Financial transactions with attorneys are shaped by ethics issues. The intrinsic problem is that the non-lawyer entity has an incentive to attempt to “maximize its earnings to the detriment of the representation of clients.” However, once a case has settled, these issues are not in play any longer and the ethics issues go away.
Legal fees on settled cases are just like any other account receivable and can be sold, assigned, factored or otherwise financed.

Specialty finance companies like CapTran (www.captran.com) will purchase legal fees on settled cases. Most companies will deal in all fifty states.

o Minimum Transactions amounts are as low as $5,000

o Individual fees can be aggregated to meet minimum

o Maximum Transactions amounts are generally in the millions as most factoring companies are very well capitalized

o A portion of a fee may be sold

o Generally, there are no application fees

o The fees must have no known motions or actions challenging the settlement

How it works

Once a case has settled and all documents have been properly executed by both plaintiff and defendant, the fee receivable is purchased for a small discount, usually between 2% and 12% depending on the payor and amount. The main difference in rates is the factor’s estimation of the time it will take to collect the fee.

Step 1 – Master Fee Purchase Agreement

A Master Fee Purchase Agreement is executed specifying the terms of the under which fees will be purchased, including minimum and maximum amounts, advance rates, fees and rebates.
Before you begin factoring, please fax us the following documents:

o If your firm is a Proprietorship:

o Fictitious Business Name Statement or other document you filed with your local governmental agency allowing you to conduct business under your company name;

o If your firm is a Professional Corporation or Limited Liability Company (LLC):

o the document stamped by your state governmental agency confirming your company’s registration and allowing you to conduct business under your company name. This is often known as a Charter or Articles;

o A copy of the declarations page of your malpractice insurance policy.

Step 2 – Submit Fee Purchase

Submission of fee for purchase using factor’s submission process/forms. (CapTran has an online e-from to make the process of submitting fees for purchase as easy as possible.) The documentation is simple and closing is usually within 24-48 hours.

Documentation:

o Copy of client fee agreement

o Copy of settlement or judgment

o Must be signed by defendant

o must be signed by insurance company or other payor

o Letter of instruction from attorney to payor directing payment to factor’s bank or lockbox.

Step 3 – Acceptance

Purchase of fees is subject to the factor’s acceptance,(acceptance occurs when you receive your advance), at their sole and absolute discretion at a the discount from face value agreed to in the Master Fee Purchase Agreement, which is usually wire transferred directly into your checking account.
The discount will include the factor’s fee as well as any margin or “haircut” form the face value, which the factor has required. Usually, the factoring of legal fees requires no haircut if the payor is of unquestioned credit worthiness.

The assignment and letter of instructions from you is sent to the payor of the fee (usually an insurance company).

Step 4 – Payment

The payor sends their checks to the factor, which amounts are credited to your account, as received.

If the payor pays in a timely fashion (less than 90 days), you will also receive a Rebate when enough money has been collected to close any particular transaction. The Rebate is calculated by a predetermined formula that adjusts the original discount in Step 3. Here’s an example assuming a 12.5% factoring fee and a rebate of 4.8% for payment within 90 days:

Amount of Fee $10,000

Less Advance Disocunt (12.5%) $1,250

Net Advanced to Attorney $8,750

Rebate if payment within 90 days (4.8%) $480

Net retained by attorney if paid within 90 days = $9,230

Net retained by attorney if paid after 90 days = $8,750

Every factor has its own rules, preferences and idiosyncrasies. However, the welcome mat in clearly out for accomplished small to medium sized law firms.

New York Lawyer Can Help You Deal With Anything and Everything

Be prepared to face all eventualities in life! Yes, this includes having a lawyer handy. My friend Thomas never imagined that he would ever require the services of a lawyer in his entire life. All this was till one day he found out that his wife was leaving him for someone else. Well that was not all, his wife wanted divorce with huge amounts of settlement. In such a situation a lawyer is the best person to help him out. It pays in the long run to have a lawyer handy. So, be prepared to face everything in your life. You never know what will happen to you tomorrow.

The best bet for you would to be to hire a lawyer in New York who is specialized in a particular area. There are several lawyers in New York who specialize in different fields to aid people in dealing with any legal issues. To hire the services of any lawyer you will be spending huge amounts of money. So make sure that you get the real worth of the money that you spend on the services of the lawyer. There are certain things that you will have to check out before hiring the services of any New York lawyer to fight out any kind of legal battle for you.

So if you need the services of a business lawyer or finance lawyer be sure to check out and find out how well he is connected politically in New York. Very strong political connections are needed if you want to successfully fight any business or financial case legally. Well do I need to say that the lawyer must be very well versed in that specific field? After all that is what he is paid for doing and he must know his job well and also do it really well.

If you are seeking to hire the services of New York lawyer who specializes in divorce case, you need to check out how efficient the lawyer is. Talk with your lawyer and tell him whatever you would like him to do for you. It is very important for you to speak out what you exactly want the divorce lawyer to do. Never keep anything concealed about the matter from your lawyer. It is you who will suffer in the long run. The best policy is to discuss with the lawyer everything, so that he is better equipped to handle any kind of problems that may arise in future.

For people who want to become a citizen in the United States, taking the services of an immigration lawyer is a good way of going about it. There are several matters pertaining to law that a person must know very well before they seek to become a citizen of United States. There are also several legal aspects the need expert handling before someone can think of settling down in the United States.

There are various law firms in New York that have lawyers specialized in various disciplines to help out any person who wants any kind of legal aid. In the present scenario you may have to hire the services of any kind of lawyer to meet any kind of unforeseen situation. Simply make sure that you hire the services of the best New York lawyer to help you deal with any kind of legal issue or matter.

Lawyering Up When Buying a New Home

When buying a new home, at what point do you need a lawyer? Should a lawyer be involved in the entire negotiation process, or do you only need one by the time the deal is done? Most Canadian home buyers opt for the latter option, contacting a lawyer only after the offer has been made and accepted, because of the impression that it will save them money. On the contrary, hiring a lawyer only when the deal is done (or worse, not hiring a lawyer at all!) is mistake that usually ends up costing home buyers a huge amount of time and also money.

After all, a real estate lawyer does more than just review the purchase agreement, conduct a title search, register the deed, and transfer the funds. While all these are clearly important functions, there are other equally important tasks that a property lawyer can serve that will make it all the more imperative for you to hire one early one.

For one, an province-specific real estate lawyer can review all the paperwork well ahead of time and ensure all laws and tax issues in your province are met. Financially speaking, most home sellers face a few unpleasant surprises that sneak upon at the end of the home purchasing process or even after they’ve settled into their new houses. Surprises such as additional charges and structural defects, and HST at a whopping 13 percent in Ontario, charged on newly constructed residences only -problems that can be prevented early on by a lawyer.

Of course, enlisting a lawyer from the very beginning cannot only save you money in certain areas, they can also pinpoint rebates and province specific tax rates, such as first-time home buyers’ credit and HST rebates. Another reason to involve a lawyer early on is to be afforded full protection in terms of financing.

Lawyers who understand provincial and federal law, rules and regulations will help you make the correct decisions in terms of purchasing, financing and signing on the dotted line. For example, he or she can help the home buyer not get stuck in a deal where there’s no way to opt out of financing, and navigate “legal language”. There are always going to be certain terms that the home buyer might not understand, and can only be correctly interpreted by a lawyer. For instance, if the contract uses the word “encroachment” instead of “easement”, the home buyer might not even realize that there’s an existing condition that prevents him from exercising full property rights over the subject property. Then payment of outstanding real estate taxes is also a matter of concern, as most sellers pass on the burden to the home buyers with the latter not even realizing it.

To put it simply, a lawyer plays a pivotal role in the process of buying a home. If you do away with one, the consequences will most likely be dire, and you will be forced to comply with conditions in the purchasing agreement that weren’t all too clear to you in the first place

For more information about seeking legal advice for purchasing a home [http://vandeputtelaw.ca/] or real estate law [http://vandeputtelaw.ca/] in Canada, visit a trusted and reliable real estate lawyer.