What Kind of Debt Will Bankruptcy Eliminate?

If you are thinking about bankruptcy, you first need to realize that every person and circumstance is different. Because each person is unique, the effects of bankruptcy on an individual's circumstances will likewise be just as personalized. Resist the temptation to compare your financial condition to a friend or celebrity's state; bankruptcy filings take on all sorts of forms, and sometimes people may find bankruptcy is not the most beneficial option in their particular case.

Bankruptcy can be categorized as either a Chapter 7 or Chapter 13 filing. To qualify for Chapter 7, you must pass a means test. Chapter 7 filers generally do not have a steady source of income and are not reasonably able to pay off their debts in the foreseeable future. A Chapter 7 filing will eliminate credit card debt and department store bills. Medical bills, utility bills, and personal loans will also be eradicated. To pay off your creditors, your non-exempt assets will be liquidated after you are approved for Chapter 7.

Chapter 13 bankruptcy is structured differently than Chapter 7 in that it focuses on debt repayment over three to five years. Those seeking Chapter 13 relief usually have regular income but have fallen behind on their mortgage or credit card payments. If you are approved for Chapter 13 bankruptcy, your total debt will be consolidated into one monthly payment. In these cases, some credit card debt may be reduced or eliminated. Utility, medical, and department store bills may also be negotiated to a lower amount or dropped completely. No liquidation takes place with a Chapter 13 filing because creditors are being repaid over the three to five year time span.

Though unsecured debt is wiped away through Chapter 7 or Chapter 13 bankruptcy, secured debt is generally protected and must still be repaid. These debts include child support or spousal support. If you have been order by the courts to pay child support or alimony, you will still be required to make payments even after a bankruptcy filing. Student loans are also another type of secured debt. Because there is no physical collateral on a student loan, your obligation for repayment will not be negated by bankruptcy. You will also be held responsible for any incurred interest, as applicable.

If you owe income or property taxes, it is unlikely that filing for bankruptcy will get you out of having to pay back taxes. Court-ordered fines are also not discharged in a bankruptcy filing. Those who owe restitution to injury or crime victims will not find relief from this particular responsibility by choosing bankruptcy. Bankruptcy laws have been specifically designed and amended to protect certain creditor's rights, even in the event an individual decides to file for bankruptcy. Anyone who is contemplating the idea of bankruptcy needs to accurately understand what financial responsibilities will and will not be removed through a Chapter 7 or Chapter 13 filing. Ignorance on this matter can result in unpleasant and costly surprises down the line. It is always advisable to enlist an attorney to help weigh your options and guide you through the bankruptcy process.

Because bankruptcy is such a complicated process and no two cases are alike, it is best to consult with a knowledgeable bankruptcy attorney who can advise on your circumstances. A lawyer with an extensive background in bankruptcy law will tailor a legal approach that gives your situation the best chance of a positive outcome. Financial crisis can be disruptive to everyday living, but selecting the right legal counsel will put you back on the path to a worry-free future.

The Malaise Law Firm has over sixty attorneys and staff to ensure you receive the upmost quality legal assistance. With over 40 years of experience in bankruptcy cases, their dedicated lawyers will always make your best interests the top priority. They have offices across Texas in Houston, San Antonio, Corpus Christi, Brownsville, Harlingen, and McAllen. Seven of their bankruptcy attorneys are solely focused on the bankruptcy practice area, and two of these attorneys are board-certified by the state of Texas as specialists in the area of bankruptcy law. You can depend on the qualified lawyers and staff at their firm to provide outstanding, compassionate legal counsel for all of your bankruptcy concerns. Contact a Houston bankruptcy lawyer from the firm today to find out how they can help you.

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Foreclosure Attorney Discusses How You Can Avoid Foreclosures

The threat of foreclosure remains even as the American economy improves. You could still have your home taken away by creditors you cannot pay. There are ways for you to get a mortgage that costs less. A foreclosure attorney can provide you the support you need when you are facing foreclosure.

Facing down foreclosures

There are several ways you can avoid a foreclosure. A lot of them are part of the Obama Administration's Making Home Affordable (MHA) program. Using any of the programs under the MHA can lower what you pay for your monthly mortgage or get a better, more stable loan. Options are also available for those whose homes are worth less than their loan and for those looking for more affordable housing without foreclosing.

One of the main options under MHA is the Home Affordable Modification Program (HAMP). This makes your mortgage payments easier by lowering it to 31% of your monthly gross income. With an average drop of 40% in monthly payments, homeowners who took the HAMP save $1,000 or more.

Even better, those who qualify for HAMP have a form of limited protection from foreclosure. If your loan servicer is part of the MHA program, they cannot refer a loan for, or proceed with, a foreclosure sale without first evaluating your mortgage for HAMP. If you are eligible, you will be given a trial modification offer. Foreclosure sales are also not allowed while your loan is under evaluation or within the trial period. Your loan service must also use reasonable efforts to put you under foreclosure.

If you find that your home is worth much less than your mortgage, check if you qualify for the Principal Reduction Alternative (PRA) program of the MHA. This encourages loan servicers and investors to lower the amount you owe for your home. It is usually given to homeowners with a mortgage payment of more than 31% of their gross monthly income, are facing financial hardship or are having trouble paying their loan at its current rate, and have enough income to pay for a lower mortgage.

Getting some help

With the current state of the housing market, many lenders find it is better to get less rather than be stuck with a house they cannot sell. Despite all these incentives, though, some lenders and loan servicers will either refuse modification or give you a hard time getting one. This is where a foreclosure attorney in New York comes in.

Your foreclosure attorney is familiar with the different laws governing mortgages, and the procedures banks and other lenders use for processing loan modification requests. They facilitate the filling of forms and handling of requirements. They also know who to talk to so your mortgage adjustment request does not get stuck.

An experienced foreclosure attorney can handle the paperwork and details of your mortgage modification, or other options regarding your property like short selling. With their help, you can focus on fixing your finances while your foreclosure attorney helps you keep your home.

Jade Hay is looking for a foreclosure attorney after hearing about what a foreclosure attorney New York can do.

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What To Look Out For In The Family Lawyer You Want To Hire

Many families may not see the importance of having a family lawyer. A family lawyer is a very important individual to be in connection with, this is because he or she will help a family with the best legal advice in all matters. These lawyers are seen in action when the spouses are going through the process of divorce, or when there is the death of a breadwinner and the division of the estate becomes a contentious issue. In addition, you can have these lawyers when you want to sue your neighbor for matters that concern your private property and space or any other concern in the family that borders on the lines of the law.

One of the things to look out for in a family lawyer is reliability. When you are in need of legal assistance, you must be able to count on your lawyer that he or she will be there for you and that they will be adequately prepared to represent you. This means that he or she will arrange for a meeting with you, go over the facts of the case, offer you the best advice that he or she has, and then guides you through the process. The family lawyer needs to put your interests ahead of anything else and represent you to the best level they can.

Next, you need to get a lawyer that you can trust, because without trust, you are likely to lose the case. Not being able to trust a lawyer will mean that you will hide some facts from him or her, and probably what you are hiding is what is required to win the case. Furthermore, a family lawyer who is not trustworthy may not take care of your matters in the best way, and this can lead to a lot of suffering in the family. This situation has led to people attempting to represent themselves in court, and this is a recipe for disaster because there are many procedures that have to be followed in any legal proceedings, and a mistake in any will lead to losing the case.

A family lawyer should have a lot of knowledge when it comes to any legal process you are going through, in order for them to help you. For instance, when it comes to matters of adoption, writing a will or filling any forms or contracts, a family lawyer should be able to explain to you the implications of all the actions you want to take. Furthermore, he or she should have the right knowledge when it comes to the options you have, and he or she should advice you accordingly with regard to the decision you want to make.

Finally, look for a highly qualified lawyer who has a very good history. The licensing and the background of the lawyer can determine qualifications, when it comes to their education and their experience. A lawyer who has been practicing for a long time is one of the best to have on your side, since they are familiar with most occurrences.

Need the best lawyer in New York to represent you as your New York City divorce lawyer? With a few clicks, you will easily find this professional!

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Corporate Lawyer: Choosing the Right Person to Represent Your Business

It is so important that business owners choose the right corporate lawyer to represent their best interests. Every day important decisions need to be made and various risks lie around every corner. Instead of waiting until a problem arises, it is important to use the services of an attorney that will be available to work on a variety of different business situations. The goal is a favorable outcome each and every time a legal decision is made.

Experience

A corporate lawyer needs to be well versed in all of the local laws and regulations. When something goes wrong or a question arises, a business owner wants to know that they have someone on their side that has a grasp of the current legal climate. It is important to be able to go to legal counsel and know that he or she is going to be able to handle the situation.

At the initial consultation, feel free to ask the corporate lawyer about his or her previous experience. While the details of other clients may not be mentioned, it is possible for an attorney to explain different situations that have been dealt with in the past and how things turned out. If a business is facing a certain crisis or finds itself in a unique situation, it is okay to mention this to a potential corporate lawyer.

Communication

It is important that the business owner and corporate lawyer have an open line of communication at all times. You want to make sure that when you call with a question or concern, you are going to get a phone call back in a timely fashion. You need to know that when you are in a difficult situation, your legal representation will make the time to meet with you and start working towards a solution.

If you do not feel valued at the initial consultation or you communication breaks down as you try to find a time to meet, this could be a sign that keeping in touch with clients is not a priority. When this happens, you know that this is not the right person or firm to represent your best interests.

Commitment to the Relationship

Aside from communication, clients want to feel valued by your attorney. You don't want to be just another company; you want your legal representative to know your name and your company. To some extent, you are looking to create a professional relationship that will last for an extended amount of time. Before committing to a lawyer or firm, ask all of your questions upfront. Don't be afraid to ask about how your business will be handled and what you can expect from your legal representative.

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Ways on How to File Bankruptcy in California

In this article, I will be talking about how to file bankruptcy in California. This will be on filing Chapter 7 bankruptcy and not Chapter 13. Filing a Chapter 7 bankruptcy in California involves a lot of steps, some of these steps are optional and some are required. Along with these steps, the debtor also has obligations that he needs to follow. An example of these obligations is to attend meeting of creditors and the debtor must also participate in a pre-discharge bankruptcy education course.

In a Chapter 7 bankruptcy, once a debtor is discharged, the case could still remain open for months or years. This is because the trustee is still working on liquidations of the debtor's assets and the distribution of payments to the creditors.

Where can you find bankruptcy courts in California?

In the state of California, bankruptcy courts are divided into 4 districts and each district is made up of several divisions. A debtor's case is usually filed in courts on the county that he resides or on the place where his business or major asset is located.

Northern District of California

1. San Francisco Division
2. Oakland Division
3. Santa Rosa Division
4. San Jose Division

Central District of California

1. Los Angeles Division
2. Riverside Division
3. Santa Ana Division
4. Santa Barbara Division
5. San Fernando Valley Division

Eastern District of California

1. Sacramento Division
2. Fresno Division
3. Modesto Division

Southern District of California

1. San Diego Division
When filing a Chapter 7 bankruptcy, you must realize that it could stay on your credit record for a very long time; some could even go up to 10 years. And with this will greatly affect your creditworthiness, it would be difficult for you to pick up any credit loans in the future. When this time comes, it is better to be prepared; the following could be of great help:

1. Create a budget - in order to save enough money to pay your creditors, you need to create a specific budget. In this way you can avoid spending too much on unnecessary things. When creating a budget, you need to prioritize the things that are really needed, like food or groceries and bills. Avoid buying new clothes or other stuff that you don't really need at the moment.

2. Negotiate with lenders - another way that you can compensate with paying your debts is to talk to your lenders. Some lenders would be willing to make a deal with you as long as they can see that you are working hard to pay them. Some lenders could even extend your payment period so that you will have no problems in managing your money.

3. Debt consolidation - this is also another to solve your bankruptcy issues. However, this will put your house or other properties at risk for foreclosure. In this case all your credit loans and other debts will be put on one bill and will put all your assets as collateral if you ever fail to pay up your creditors.

4. Credit Counseling - there are some credit counseling organizations that can help you, they offer credit and money management advices that would be very useful in your bankruptcy problems. Some would offer this service for free making worth your while.

Brenda Sidney is a proffesional and a soight-after writer when it comes to how to file bankruptcy in California. You can read some of her related articles or you can visit her site so that you will have a guide regarding with your bankruptcy issues.

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The First Lesson of Prosecution: Power

The following Prosecutor Series encapsulates what I learned during my 15 years as a deputy prosecutor. Hope you enjoy them.

# # # #

I was born before 1960, when the world was Black-and-White. Repressed men and women mumbled innuendos through cigarette-clenched lips. Dangerous, existential conflicts circled restless dreams like a hungry lion -- kept in check by house payments, kids, and alcohol. You know what I mean. If you are 50-years-old or older, you were likely conceived in a cloud of Chesterfield smoke and learned to accept lipstick on your restaurant glass as a part of the Surgeon General's recommended diet for future depressives. Yeah.

That's Noir, man.

The A&E execs pay people to answer the question: "What is film Noir?" Are you kidding me? Noir is not a film, man. It's the world America's World War II combat vets revealed through films like Black Angel and The Asphalt Jungle. The world of Noir started with All Quiet on the Western Front and ended with Cape Fear. That's Noir, Jack. About 30 years. If you throw in Twilight Zone's five seasons, 35 years. Noir is the world that shaped my soul.

My sisters and I grew up in a house where the specters of the dead did not let us forget the shadowy side of life. My mother's first husband was killed at Normandy; her second husband -- my father -- landed at Normandy and survived the Battle of the Bulge through VE Day. We didn't watch war movies with either of our folks around. The end result of my early years was that I was always more at home in the 1940s than I am in our own time, which seems so.... so much like a pampered kid from a one-child family. They're only cute to their parents. The rest of us are forced to endure their specialness.

Flash forward to the summer of '88. Freshly divorced, and restless, I began what would turn out to be a near-career of prosecution in Yakima County. One afternoon I was arguing a summary judgment motion in a civil case against the County. I turned and saw that Jeff Sullivan, the elected prosecutor, was watching me in action. I barely got back to my office when the phone rang. It was Sullivan. On a sweaty August day in 1988, I hung up my spurs as an insurance defense attorney and became a deputy prosecutor. I would spend my next 12 years in that office.

Yakima was a shooting gallery. It seemed there was a drive-by shooting almost every week. A friend of mine in the defense business went with his client's family to the Pizza Hut for lunch break during his client's trial for.... a drive-by. A car backfired. Every single person at that table instinctively ducked for cover. That's how it was. Without even realizing it, I learned to check belt lines when I was on the street, in stores. Yakima was my sweaty introduction to America's post-Noir world, a place where there was neither romance, nor honor. Smarmy greed and cruel force were the dominant currents in America's deteriorating social scene.

Man perfected by society is the best of all animals; he is the most terrible of all when he lives without law, and without justice. Aristotle

The only entity that can mediate between the individual and the tribe is, for better or worse, a state, and it is the prosecutor's peculiar responsibility to enforce the will of the state against an individual. The first lesson a prosecutor must therefore learn to apply is power. Because justice is rooted in proportionality, and proportionality cannot take shape without something with which to measure its application, it necessarily involves the use of power, which translates into force. Hence there is always an element of war in politics. You cannot impose an income tax without making "polite" war on the citizenry. There is no nice way to part someone from what they've cultivated through effort and intelligence. You have to take it from them, and if they resist, you have to imprison or kill them.

It is in justice that the ordering of society is centered. Aristotle

The entire universe is a power system. In intimate relationships there is sexual power, emotional power, financial power, even psychological power -- unless the two persons are exceptionally evolved. Even kindness can be used to manipulate the other. Sometimes one party is an extremely secure person, the other is not, and so on. Always there is conflict in human relationships. It is by this mechanism that we evolve.

Almost all the world's problems can be traced to the improper exercise of power. The purpose of forensics in the law is to shape the personality so that it gives expression to principle, which could be defined as the "circumscribed application of force." True maturity in the law and in politics consists of getting the personality out of the way. Unfortunately for us in post-Noir America, that is not the ideal.

There is no human being who cannot fall prey to greed or evil. It takes a tremendous amount of work to free yourself from distorted attachments to the power dynamic. The best relationships are the ones where each party pulls his or her own weight and respects the other person without resort to guilt, or fear. How few of us attain that degree of comfort with life. Most of us are practicing power rituals we believe are unique and useful but which are, in fact, predicated on primitive force plastered over with a Smiley Face. Most of us must first live through a variety of delusions about power before we are willing to let go of those delusions. In the final run, Death is the Joker that forces us all to let go of all our delusions.

The law is reason, free from passion. Aristotle

Over time, the force of personality is concentrated by responsibility, whereas evasion of responsibility weakens its force, which is why I've told the prosecutors I've trained that prosecution is neither Republican nor Democrat; it is not part of being a feminist; it is neither Catholic nor Baptist. You cannot achieve justice using ideology or personal preference because when you do that, you are imposing your personality upon other people which is -- to use the old-fashioned term -- tyranny. To apply force justly upon others, your will must be guided by principle. It takes an uncommonly evolved personality to understand how quickly principle can be distorted by greed, pettiness and cruelty, whether open, or concealed.

Therein lies the primary issue of power: whether its application is conscious or unconscious, principled or tyrannical. It is the same for all human beings, in all circumstances. You can only disengage from manipulation if there is a conscious effort to cultivate a sterling character fortified by solid principle -- or the pain of adversity forces you to let go.

In my 15 years as a prosecutor, I actually got to know, and exercise, power, albeit at modest levels. In the next installment, we'll continue with real life stories of prosecution, and how I learned to observe the State in action.

Or, more properly, how I learned to exercise power.

Welcome to my world.

Books by Bruce Hanify at Smashwords.

Bruce Hanify 2010 All Rights Reserved

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What Can An Expungement Lawyer Do For Me?

Criminal charges on record can stop you from achieving many of the things you might wish from your life. Loan applications, apartment rentals and most importantly jobs can turn you down because during a background check it has been found that you have a criminal conviction on your file. Your charge may however be eligible for expungement, this is a legal process that seals or destroys criminal records so they are not visible when businesses or individual perform a criminal background check on you.

Much of the process depends on the crime and when it was committed, some criminal charges are never available for expungement. Violent crimes and in some states drug offences are not able to be sealed or destroyed and at the moment any federal crime is not subject to the process. Most minor felonies and almost all misdemeanors can be removed from an individual's record following an expungement petition and in some cases a hearing to complete the process. Specialist lawyers understand the intricate nature of the law that varies considerably from state to state and will be able to advise you thoroughly about the nature of your crime and the possibility of the records being sealed.

This process is different than an official pardon, with a pardon the record of the crime is still available it is just known that you have been granted clemency. This means the crime will stay visible to those who are performing background checks, in the case of expungement the crime is not available to others who are looking into your background. With many legal proceedings this process can be complex, it is achievable without legal representation but the chance of misfiling or clerical errors can mean a great deal of inconvenience and hassle.

If you believe that you have a charge on your record that is eligible for this process then you should contact legal representation and discuss the situation. A knowledgeable lawyer can inform you almost immediately what the chances of expungement in your case can be. If you have no prior convictions and the crime falls within eligible categories then there is a good chance that you will be successful in your claim. If however your crime falls within certain categories you will be informed that the process is not available to you. The general rule is whether the crime can be considered "serious", if for example it is a violent or sexual crime then the courts will refuse expungement immediately. For lesser charges, traffic violations, minor non-violent crimes if there has been a period of no further criminal activity then there is a good possibility you can be free of the stigma of having a criminal record.

Get a St. Petersburg expungement lawyer to clear your name of wrongdoings from earlier in your life. Learn about the process by visiting  http://roothlawgroup.com/.

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