Bankruptcy Attorney in Gwinnett County
Life after Bankruptcy: Get Relief
Bankruptcy law offers individuals, families and business owners the opportunity to get a fresh start. The benefits can far outweigh the damage to your credit, which can usually be restored if your finances are carefully managed thereafter. If you want more information about bankruptcy and it’s benefits, you should contact a Gwinnett County bankruptcy attorney from our firm today. We can help you to make the decision about how to best resolve your personal or business financial problems, and what to expect after the bankruptcy is finalized with regard to access to credit. This concern should be addressed from a trusted source. It is notable that our clients are often astounded at the relief they feel after filing – they are no longer receiving creditor calls or facing legal threats. They are now free to move forward with a fresh start.
Bankruptcy filings are at an all time high, and continuing to rise. The stigma that was formerly part of filing bankruptcy essentially no longer exists; this is merely an opportunity offered under federal law to get a fresh start. Your credit will not be destroyed forever, and in fact, for many their credit is actually improved, as they no longer owe the debt after it is discharged. Most were already suffering the effects on their credit by the time they filed. Restoring credit after bankruptcy can be achieved by carefully paying all current obligations in a timely manner. You will be getting credit offers within months for high interest, secured cards in most cases, and can begin building up your credit.
Speak with Our Gwinnett County Bankruptcy Lawyers
Buff & Chronister is made up of a group of very experienced bankruptcy attorneys that can advise you how to best manage your credit after bankruptcy. We are a small, boutique law firm that works one-on-one with each individual or business owner. You will never be pushed on to a secretary or paralegal. We will personally help you with all documentation, negotiations, represent you and appear on your behalf at all court dates, and any other legal help you need with regards to your bankruptcy. Don’t hesitate to contact us if you have questions about your bankruptcy, credit score, and financial future.
Gwinnett County Bankruptcy Attorney
The Psychology of Spending and Debt
For those who feel overwhelmed because of consumer debt, it is hard to remember the steps and process that brought them to this place. If you are in a difficult financial circumstance, it could prove helpful to understand the psychology of credit card debt and spending habits in order to prevent this circumstance from recurring. For those who do not know how they have accumulated so much debt within such a short amount of time, we can help them gain a clearer understanding of the root of the problem so that they can develop a healthy financial future. At Buff & Chronister, LLC, we not only help our clients eliminate their debt problem but help them to adequately prepare for the future so that this is not a recurring issue. To gain a better understanding of your debt issue, speak with a Gwinnett County bankruptcy lawyer from our firm today!
Credit Card Habits
Spending more than you can pay off is typically a problem that arises from credit cards. They are designed to put you in debt and keep you there. It takes an individual with an incredible amount of self-control to not fall into the trap that credit cards have set for us. They use manipulation tools, such as anchoring payments, to collect interest and fees from the spender. The psychological tool of anchoring is used to influence the spender’s decision by permitting low monthly payments compared to the amount actually needed to pay off the entire portion. The limits that credit cards provide to the spender are also anchored. Providing the consumer with high limits increases our spending habits and our feelings about budgeting.
The amount you will have to pay off in the future seems minimal compared with the enjoyment you can receive from the product you purchase with a credit card. Future discounting is a psychological tool that credit card companies use to trap consumers. Most individuals can swipe their credit card much more easily then handing over cash. The pain that you feel when handing over cash is immediate whereas the pain of paying off a credit card is in the future. Credit card companies also capture new clients by using this tactic. Even with the understanding that the rates will increase in the future, it is easy to get trapped in the present.
Emotional spending is another culprit of over-consumption. As Americans, we live in a consumer rich culture. Every direction we look, we can observe advertisements for products that we feel we simply must possess. We then come to the conclusion that we will be happier if we purchase that item. This is a positive feeling that always fades very quickly and leaves us in the market to be captivated by the next product we desire. In this country, we believe that hard work equates to financial success. The more we possess, the more successful we feel, which is a trap that many individuals face.
Many individuals use shopping and spending money as an emotional outlet. When we are having a bad day or are in a negative mood, shopping is often used as therapy. It is used by many Americans to eliminate pressure and release feelings of depression and anxiety. When it comes to being trapped in debt, however, these feelings can instantly reawaken. It is important to understand your spending habits and the reasons behind the debt in order to prevent the situation from reoccurring. As your Lawrenceville bankruptcy attorney, we can help you gain a better understanding of the psychology of your personal debt. Contact us today for the assistance you need to get back on your feet and stay there.
Repossession Attorney in Gwinnett County
Stopping Repossession Actions in Georgia
When someone leases, rents, or is making payments on something and they fail to make those payments, the item in question will eventually be repossessed by the lender. Most generally, repossession refers to vehicles that are either being leased, or that the buyer has not finished paying completely. Although repossession can be used for other items, such as boats, other vehicles, or generally any object that one can buy in payments, repossession of cars is one of the more common situations for people who are having financial difficulties. For more information about repossessions and how to stop repossession actions, contact our firm today to consult with a Gwinnett County bankruptcy attorney. We can help you understand what your best options are in avoiding the loss of your car or other assets.
Gwinnett County Repossession Lawyer
When a borrower defaults on their payments, the lender will generally not need to go through a court or other legal channels to have permission to repossess a car. The usual course of action is that the lender will send notifications to the buyer, and if they do not receive payment, or notification from the buyer that a payment is on its way, or if they fail to make arrangements with the lender the lender will hire a repossession firm to pick up the vehicle. They will either tow the vehicle away, or pick the lock or get the key from the buyer.
The added costs of repossession, including storage and towing of the vehicle will now be added to the bill. Buff & Chronister has over 20 years of combined experience in the field of bankruptcy law and all associated financial matters, including repossession actions. We offer individualized legal advice and representation and are able to resolve the issue of repossession for most individuals quickly and effectively, but early intervention is important, so contact us immediately if you are in facing serious financial difficulties.
Wage Garnishment in Gwinnett County
Wage Garnishment: Get Help to Stop Garnishment in Gwinnett County
If your wages are being garnished, you are likely struggling to make ends meet, or even feed and clothe your family. Garnishments can feel particularly unfair when you are struggling to provide for a family, and you may be having up to 25% of your take home pay being diverted. One option you may consider is to file a Chapter 7 bankruptcy. By filing a Chapter 7 bankruptcy, your wage garnishments are immediately stopped, and you will once again receive your full paycheck.
You do not need to wait for a judge to excuse your garnishments; the moment your bankruptcy case is filed, an “automatic stay” goes into effect, and all garnishments and pending garnishments that creditors have against you will be instantly stopped. If you have a garnishment against you, and are considering filing for Chapter 7 bankruptcy, contact a Gwinnett County bankruptcy attorney today to discuss your options.
When you are sued by someone for non-payment, they can get a judgment against you that allows them access to your paycheck before it reaches you. If you had a contract or document that you signed that was an agreement to pay, the judge will likely rule against you. At this point, the judge may authorize a wage garnishment and money will be automatically taken from your paycheck and sent to the person or company to whom you owe money. This can be extremely frustrating and devastating when you are providing for a family and have bills to pay. Contact our firm today to learn more about wage garnishments and what you can do to stop them.
Gwinnett County Bankruptcy Lawyer
Buff & Chronister is a boutique legal firm with over 20 years of experience in bankruptcy and all debt-related legal actions. There are a variety of ways wage garnishment can be brought to a halt, either in debt settlement, debt negotiations, filing for bankruptcy and others. You deserve to have your rights protected, and access to your full paycheck. We can help. If you are struggling with wage garnishment or are threatened with garnishment, contact our firm.
What Is the Difference Between Chapter 13 and Chapter 7?
Posted on Mar 12, 2014 10:54am PDT
Any individual who is considering filing for bankruptcy should be aware that there are different types of bankruptcy protection available. Chapter 7 and Chapter 13 are the two most common types of bankruptcy filed by individuals and couples seeking debt relief. Chapter 7 is often referred to as liquidation bankruptcy, as assets and property that cannot be claimed under state exemption laws can be sold off for the purpose of paying back creditors. Chapter 7 can be extremely beneficial to those who do not have the income necessary to fulfill their financial obligations, and just can’t meet the payments due to financial difficulties.
Bankruptcy can also be employed as an effective foreclosure defense. In Chapter 7, an individual will be able to discharge the majority of their unsecured debt so that they can get a fresh start and regain control of their finances. If you qualify for Chapter 7, our Lawrenceville bankruptcy lawyers with work with you closely to determine what property and assets can be exempted from your bankruptcy proceedings. In most cases, our clients are able to retain all of their personal possessions, including their home when the right legal action is taken.
Individuals who do have a regular source of income, or who do not qualify to file for Chapter 7, may want to consider filing for Chapter 13 bankruptcy protection. In Chapter 13, individuals are given the opportunity to restructure their debts so that they can be paid off within a 3-5 year period. During the repayment period, no further legal actions can be pursued by creditors and interest will not continue to accrue during this time. At the end of the payment period, those debts which have not be paid in full may be eligible for discharge, saving you thousands or more.
If you are considering filing for bankruptcy, you may be wondering how to find a bankruptcy lawyer in Gwinnett County who can help you navigate through this complex process. At Buff & Chronister, LLC, we have years of experience helping individuals resolve their debt-related problems through bankruptcy. We have an in-depth understanding of bankruptcy laws and are compassionate to the needs of our clients. Hiring a bankruptcy lawyer from our firm will greatly improve your chances of obtaining the debt relief you need. To find out if you qualify for bankruptcy protection, contact a Gwinnett County bankruptcy attorney at our firm today.
Braselton Bankruptcy Lawyer
Why hire a bankruptcy attorney?
From time to time, attorneys at Buff & Chronister hear the question, “Why do I need an attorney for bankruptcy?” or “What kind of attorney should I hire?” If you are reading this page, it is more than likely that you have credit card and/or other debts that have become extremely difficult to manage. You may have already suffered a wage garnishment, repossession or need to stop foreclosure on your home. For some, you may see your business going under and are unsure what solution could save you. You need real financial solutions and there is absolutely nothing wrong with that. This is also where a skilled attorney can be the best investment you have made in some time.
Like many federal laws, bankruptcy can be complex and extremely difficult to make your way through. The bankruptcy process begins with finding out if you are qualified and this is where it can start to be complicated. In 2005, the federal laws governing bankruptcy were amended. Among the changes were stricter rules and added documentation to the qualifying procedure. In order to establish your eligibility, a proven Braselton bankruptcy attorney from our firm conducts a standard “means test” which fully assesses your financial condition. Once we are able to show that you are qualified, we can quickly move to the next step of the process. If you are not eligible to file, we can then search for and implement alternatives to bankruptcy that still go towards the goal of discharging your debts. Despite the more stringent rules, we have found that most individuals or companies in severe financial states will still qualify.
Bankruptcy really begins when your petition is filed with the court. What is not generally known is that these petitions are routinely denied. When you file a petition that is not properly documented, for the incorrect kind of bankruptcy or when you were not truly qualified, it has several unwanted effects. You will waste the funds required to prepare and file the petition. In many cases, though, the most undesirable result will be the precious time that is wasted. When we file a correctly prepared petition, you have the opportunity to receive the collections and foreclosure defense that you need, in a timely manner.
Debt Negotiations or Loan Modification as Alternatives to Bankruptcy
The goal of any bankruptcy proceeding is to provide a new beginning to your finances by the discharge of your debts. This is achieved through various types or chapters of bankruptcy. Frequently, a mechanic can only use a precise tool to repair a piece of machinery and using the wrong tool just won’t work. Likewise, it is vital that we review your debts, assets, income and other aspects of your finances to determine whether Chapter 7, 11 or 13 is the exact financial solution for you.
In searching for the best attorney for your needs, we offer three pieces of advice. First, retain a lawyer who is significantly experienced in bankruptcy laws and rules. Second, only use a firm that has successfully helped others with their debt problems in the past. Over the past two and a half decades, our firm has assisted thousands of families with their financial difficulties. Additionally, we have helped numerous businesses, large and small, to file for bankruptcy. To defend clients against creditors who have violated the Fair Debt Collection Practices Act, we have tried more than 40 cases to a jury verdict.
The last piece of advice is to look for a firm that is experienced in solutions outside of bankruptcy, as it is not always the best financial method to overcome your debts. In some cases, we utilize loan modification, debt settlement, deed in lieu of foreclosure or debt negotiations to better assist our clients. In an area like Braselton where foreclosures are high, there is a great need for answers to how to save your home or get out from under a mortgage. Once we have completed a review of your situation, we can then propose the best way to get you back in control of your finances.
Daily, we work with good people who have run into severe financial troubles. We understand that your choice of attorney is personal, as is the decision to file for bankruptcy. We also know that behind the facts and figures are individuals who only want a fresh start. Your best hope to succeed in overcoming the debts you currently face is through the use of a skilled, committed attorney.
In addition to Braselton, our firm serves all of Gwinnet County and we look forward to the opportunity to help you and your family.
To understand all that can be done to overcome your debts, contact a Braselton bankruptcy lawyer from our firm today.
Gwinnett County Bankruptcy Attorney
Helping Seek Debt Relief in Lawrenceville & Gwinnett County, Georgia
Getting the immediate legal help you need in filing for bankruptcy is important, and who you choose to represent you can significantly impact the final outcome with regard to debt, speed of resolution and other crucial issues. At Buff & Chronister, our dedicated legal team possesses more than 20 years of combined experience, and we pride ourselves on providing personal, one-on-one service to all of our clients.
You will not be shoved off onto an assistant, paralegal or first-year attorney, but be handled directly by a skilled Gwinnett County bankruptcy lawyer from our legal team. Any person that is facing financial problems will require aggressive, high quality and professional legal counsel if they hope for success. We are experienced litigators and are proud of the many favorable verdicts we have achieved for our clients, from individuals to businesses.
Areas of Practice: Chapter 7, 11 and 13 Bankruptcies
Our firm represents individuals, families and business owners in bankruptcy filings and throughout the bankruptcy process. There are a large number of bankruptcy myths and you need to find out the truth about both the advantages and risks you will face from a trusted source. You may have questions about bankruptcy exemptions or the many potential alternatives to bankruptcy that could resolve your financial problems. You may not need to file bankruptcy, and we can take on your creditors and get them under control.
We provide focused, high quality legal representation in Chapter 7, Chapter 11, and Chapter 13 bankruptcies. We are exceptionally aggressive in collections defense, resolving financial problems involving credit card debt, and in discharging your debt through bankruptcy. We also provide legal services in debt settlement, debt negotiation, debt relief, and in arranging a deed in lieu to help our clients who are hoping to avoid foreclosure.
You are protected under the Fair Debt Collection Practices Act, and any case of creditor harassment will be addressed with aggressive legal action. We fight for our clients in foreclosure defense, negotiating with lenders in a loan modification, and can answer your questions about how we can help you with the means test. We can help you fight back against any threats regarding repossessions, pursue a short sale, stop garnishment, stop foreclosure, and address wage garnishment. Our Georgia bankruptcy lawyer is prepared to find the best opportunities for you and your interests. When you are facing financial difficulties, you need a qualified lawyer with the credentials and experience that will best protect you, and we can help.
Struggling with debt? Contact our Gwinnett County firm today!
Many law firms are limited in their understanding of the federal bankruptcy laws and do not offer legal services in bankruptcy and debt-related issues to business owners; this is one of our busiest areas of practice. We provide the educated and professional representation needed, even in the most complex legal issues surrounding financial matters and bankruptcy.
Auburn Bankruptcy Lawyer
Bankruptcy Fundamentals – A Way of Discharging Debts You Owe
In addressing any subject, it is crucial to understand the basics. Once we help you to understand the fundamentals of bankruptcy, you can make an informed decision as to whether or not to file. Frequently, those who visit our website are in the midst of severe financial difficulties and need help. Bankruptcy myths or simply not having enough information can, unfortunately, prevent you from moving forward on discharging your debts. The attorneys at Buff & Chronister want you to have every opportunity to experience the debt relief that bankruptcy is capable of accomplishing.
Over the past 20 plus years, our firm has helped thousands of families who were facing foreclosure, violations of the Fair Debt Collection Practices Act, repossessions and other consequences of overwhelming debts. On order to protect our clients from unfair actions by creditors, we have tried over 40 cases to jury verdict. We are proud of our accomplishments to date, but want you to be equally confident in choosing us as your attorneys and in the financial decisions you make. If you are interested in knowing the purpose of bankruptcy, how the process works and what can be achieved, please read on.
Bankruptcy was established by our federal government to help honest people who are no longer able to meet their financial obligations. The death of a family’s wage earner, the depressed housing market in Auburn, an unexpected medical emergency, the sudden loss of a job and other circumstances can quickly leave you in a financially unstable condition. For many, there can appear to be no way out. The purpose of bankruptcy is to give you a fresh start to the financial portion of your life. This is done, through various means, by legally clearing your debts.
In Chapter 7 bankruptcy, you are permitted to sell off specific assets to pay certain debts that you owe. At the end of the procedure, the court has the power to discharge additional debts that you have not been able to pay. For some, when a committed Auburn bankruptcy attorney from our firm successfully sees you through the process, you will be debt free. Others can be in a position to pay off their remaining debts in a reasonable manner and once again be in control of their finances. Credit card debts, personal loans and medical expenses are common types of bills that will be resolved through Chapter 7.
Chapter 11 for Business and Chapter 13 for Individuals
Chapter 11 is used by businesses who are finding it extremely difficult to pay vendors, meet payroll or have accrued various debts that are too large to get paid on time. We utilize this chapter to reorganize your business in accordance with bankruptcy laws. Our attorneys file Chapter 11 so that you will be able to get back to paying the debts you owe but in a time frame and manner that is manageable.
Chapter 13 is used by individuals whose income is too high to qualify them for Chapter 7, yet they are still in need of a way to resolve their debts. We formulate and propose to the court and your creditors a 3 to 5 year plan that restructures your debts. Many times, our attorneys use debt negotiation to reduce the final amounts that you will have to pay. Just as in other chapters, the final result is to get your debts legally discharged. No matter which form we file, our lawyers know the bankruptcy exemptions allowed in our state. We work hard to see that you retain valued possessions such as your home, vehicles, retirement accounts and others. In nearly all cases, these assets will not be part of your bankruptcy proceedings.
Our attorneys work with you to determine what form of bankruptcy will be in your best interests and truly help you to achieve your financial goals. In addition, there is an important piece of knowledge regarding bankruptcy that we want you to know. Once we file your petition, the court quickly and automatically orders your creditors to cease any and all collection actions against you. This is how bankruptcy can provide foreclosure and collections defense. This is also the way in which we can stop garnishments, repossessions and creditor law suits.
There is much more to know about the bankruptcy process. We are here not only to provide skilled legal representation, but to answers you questions in a clear and complete manner. For those outside of Auburn, we provide service to all of Gwinnett County as well.
Contact an Auburn bankruptcy lawyer from our firm to learn the fundamentals of bankruptcy and how to get a fresh start and regain financial control.
Gwinnett County Bankruptcy Attorney
Are you considering bankruptcy?
If your financial future looks grim and you are buried under debt, the legal team at Buff & Chronister urges you to contact a Gwinnett County bankruptcy attorney at your earliest opportunity. We focus our efforts on assisting individuals and businesses that are going under and need to get their financial issues resolved permanently. To find out if bankruptcy is right for you or if there are alternatives available that would fit your situation better, contact our firm today. At your free consultation we will carefully evaluate your debt problems and determine if we may be able to help you get the fresh financial start that you need.
Alternatives to Bankruptcy in Gwinnett County
Many responsible people have gotten into serious financial trouble but are either not eligible to file for bankruptcy or want to avoid filing as a means to get out of debt. Because we listen to our clients and believe that every case is different, we take care to tailor our approach to everyone’s specific circumstances and use our expertise and resources to explore all options before recommending bankruptcy. Some of those alternatives include:
Debt negotiation to reduce the balance on past due unsecured debts
Debt settlement out of court
Home short sale, deed in lieu or loan modification to avoid foreclosure
We strongly advise you to let one of our Gwinnett County bankruptcy lawyers, with over 20 years of combined bankruptcy experience, assess your situation. We are a “boutique” law firm, not a mill or mass filer of petitions, and pride ourselves on providing intensive one-on-one service to our clients. You can be assured that if you retain us, you will meet with and be represented by an experienced bankruptcy attorney, not a paralegal or first year lawyer. With our understanding of debt relief options and the dedication we have to our clients, a solution that suits your particular circumstances may be just around the corner.
Gwinnett County Debt Negotiation Attorney
Negotiating on a Debt Settlement or Payment Terms
More than ever, our economic system leads people in all walks of life to acquire large amounts of debt, often just to “get by”. With jobs being few and far between, many of these debts have become increasingly difficult for people to pay off. When you find yourself unable to pay your obligations, there are many different ways to legally plan for the relief and discharge of this debt, and give you relief you need.
When it comes time for you to negotiate with the creditor or debt collector to whom you owe money, it is advised that you enlist the assistance of our law firm. We have successfully negotiated debt issues for clients on countless occasions, and always seek the best possible deal and know exactly how to deal with any creditor that is hounding you. It is imperative that you seek the legal representation of a Gwinnett County bankruptcy attorney if you are anticipating pursuing debt negotiations.
The Process of Negotiation
There are many options to choose from when you are attempting to absolve or relieve yourself from debt. Although chapter 7, and chapter 13 bankruptcies do provide a final solution for discharging debt, there are often other solutions that work better and help you avoid filing. Most creditors prefer negotiations and a resolution as the cost of pursuing payment can exceed the amount of the debt. Consequently it is often the best solution to negotiate a settlement. When you are considering engaging in negotiations with regard to an outstanding obligation, it is of benefit to have the legal expertise of a qualified legal professional involved.
Debt Negotiation Lawyer in Gwinnett County
In many cases, negotiating the payment terms and possible settlement of a debt can be out of the question without skilled legal representation. Creditors can be extremely unreasonable and unwilling to work with you. They can make offers that don’t work, or even just threaten you with legal action to get a judgment and access to your wages or bank accounts. With over 20 years of combined experience, and an aggressive legal approach, our legal team at Buff & Chronister will help fight for a favorable settlement, and know exactly how to deal with creditors or collection agencies to pursue the best possible settlement for you. Your interests will be our only concern, so contact a Gwinnett County bankruptcy lawyer today.
Gwinnett County Debt Settlement Attorney
Agreeing on a Debt Settlement
In these trying economic times debt has become a problem for millions of people. For those who have acquired unmanageable levels of debt, there are legal solutions available that can help you to resolve the situation. One more aggressive method of addressing debt is to negotiate an agreement with the creditor. In many cases, our law firm can negotiate your debt down to a much lower amount, and arrange a payment schedule that you can adhere to, saving you from stress as well as thousands of dollars (or tens of thousands in larger obligations). A debt settlement is a very viable option and should be thoroughly considered if you are underwater financially. If you are in a difficult financial situation, and would like to pursue a debt settlement, you should seek the legal representation of a Gwinnett County bankruptcy attorney.
The Process of Reaching Settlement
If you are approaching the financial point of filing for bankruptcy, it is in your best interest to first take a look at agreeing on a debt settlement. While debt settlement does show up on your credit report, the benefits of settlement far outweigh the negative consequences. It follows that if your situations merits negotiating with a creditor or debt collector on an agreed upon amount, you should pursue this alternative to bankruptcy.
Debt Settlement Lawyer in Lawrenceville & Gwinnett County
Should the opportunity arise, debt settlement is an aggressive and ideal method of discharging debt and should be considered over other options. Our attorney’s at Buff & Chronister know when and how to approach these settlement negotiations in order to maximize your debt relief. We understand the emotional stress that those in the Gwinnett County area are suffering, and we are here to help. If you need aggressive representation with a proven history of success to help you get out of a financial situation, we are the firm for you.
Bankruptcy Exemptions in Gwinnett County
Gwinnett County Bankruptcy Lawyer: Exemptions
Within Chapter 7 and Chapter 13 bankruptcy laws, certain assets can be liquidated in order to assist in paying off your creditors. If you are considering either of these options, you should schedule a consultation with an experienced Gwinnett County bankruptcy lawyer to find out which option is the right one for you, and get all your questions about it answered. It is a bankruptcy myth that all of your possessions will be liquidated if you file for bankruptcy. State and federal laws provide protection of certain assets by declaring them bankruptcy exemptions. Under Georgia law, the debtor is entitled to specific exemptions when they file for bankruptcy.
These exemptions include provisions for interest in real or personal property (up to a specified amount), periodic payments from a retirement or pension plan, the debtor’s interest in a motor vehicle (up to a specified amount), household furnishings, apparel, appliances, jewelry, professional books, tools of the trade, unmatured life insurance policies, interest from life insurance policies for which the debtor was a dependent, awards received under a crime victim’s reparation law, payments for a wrongful death claim, life insurance payments that insured the an individual who the debtor was a dependent, and personal injury settlement awards. Interested in learning more? Contact a bankruptcy attorney for detailed information about how you can take full advantage of the bankruptcy exemptions.
Life after Bankruptcy in Lawrenceville & Gwinnett County
There are many other kinds of exemptions. The Gwinnett County bankruptcy attorneys at Buff & Chronister can help you to understand the federal bankruptcy laws and make the determination as to which type of filing is the right one for you. We can provide you with peace of mind and relief form harassing creditors, lawsuits and wage garnishments. You will work one-on-one with an experienced attorney, not a paralegal or first year lawyer.
Common Questions about Bankruptcy
Questions about Filing for Bankruptcy in Lawrenceville & Gwinnett County
Do I need an attorney to file bankruptcy?
You have the right to file without an attorney, but you should be aware that errors or a failure to provide full documentation can lead to denials, delays and even legal action against you. The government has taken a hard line with regard to accuracy on bankruptcy filings. They have increased the requirements with regard to full supporting evidence regarding your financial condition. With the help of a Gwinnett County bankruptcy lawyer, you protect against these problems, as well as decrease the possibility that you will be denied the opportunity for a fresh start offered through bankruptcy.
What debts will be discharged in chapter 7?
Chapter 7, the most commonly filed form of bankruptcy, allows the individual or business owner to discharge unsecured debt. There are some debts that cannot be discharged, such as back child support, some taxes and student loans. It is best to bring your situation to our office and we can evaluate your personal financial situation and advise you what the outcome of filing bankruptcy will be in your case. There are often alternatives to bankruptcy that could serve to resolve the situation as well.
What if there is a complex corporate bankruptcy?
Our firm has assisted businesses, both small and large, to file bankruptcy, and has the resources and knowledge that is necessary to address these legal issues. Many law firms do not provide legal counsel in corporate bankruptcies. We provide this service in both chapter 7 and chapter 11 bankruptcy.
What if I don’t qualify for chapter 7?
If you don’t qualify for chapter 7, you could take advantage of chapter 13 bankruptcy to resolve your financial difficulties. By the time the term of the bankruptcy is completed, usually only a percentage of the debt owing is paid, and there are exceptional advantages for those who are underwater financially but do not want to lose property or other assets.
A Gwinnett County Bankruptcy Attorney Explodes Bankruptcy Myths
There are myths about bankruptcy and, to fully clear these up, you should have a consultation with a Gwinnett County bankruptcy lawyer who can explain how bankruptcy laws work and if filing for bankruptcy is the right thing for you to do. One of the most common myths regarding bankruptcy is that your credit will be ruined for ten years. In actuality, even though a bankruptcy will show up on your credit history for ten years, in time – usually much less time than you expect, your credit will begin to improve.
Late payments and wage garnishments are what have likely already damaged your credit rating and you will be more able to re-establish your credit now that you are free of crushing debt. Another myth is that you will not be able to get credit again but this is also not the case. You will get new offers of credit after filing, although your interest rates will be higher for a time. People also wonder if all their debts can be discharged. Even though many types of debt can be discharged, certain types of debt like taxes, student loans and outstanding alimony or child support cannot be discharged.
Do I qualify for Chapter 7 in Gwinnett County?
We can quickly determine if you or your business qualify to file bankruptcy. Many fear that they will lose everything that they own, of great concern for both individuals and business owners. Bankruptcy can actually help you to keep your assets, rather than getting them repossessed. There are many assets which are protected by bankruptcy exemption laws and the majority of those filing for bankruptcy are able to retain most of their assets.
At Buff & Chronister, we work with you one-on-one to help you determine which filing is right for you. We take care of the legal paperwork and aggressively represent your best interests in court so that the process is not hard on you but provides peace of mind and a new start for you in your financial life. For this reason, you should not wait any longer to contact a Gwinnett County bankruptcy attorney at our firm.
The Bankruptcy Process in Gwinnett County
A Gwinnett County Bankruptcy Attorney Explains the Bankruptcy Process
There are different types of bankruptcy filings and a Gwinnett County bankruptcy attorney will help you to understand if filing for bankruptcy is the right thing for you to do and which type of bankruptcy you should file. This is a complicated process requiring a great deal of legal paperwork and observations of time lines to coordinate with the Trustee and the court. If you file for Chapter 7, your debt can be discharged. You must make a report of all your income and expenses to your attorney as well as assets and liabilities.
This type of bankruptcy also requires mandatory credit counseling prior to filing and, once you have filed your petition, your creditors will no longer be able to contact you. A meeting of creditors occurs approximately thirty days after the date of filing. The vast majority of consumers who file a bankruptcy case keep all of their personal and real property. You will be required to take a financial management course before the court will grant you a final discharge of non-exempt debts. Chapter 13 bankruptcy involves paying back your creditors, using your disposable income, over a three to five year period.
The amount of disposable income used to pay back creditors is determined by the IRS. Chapter 13 also requires mandatory credit counseling prior to filing and a statement of financial affairs and plan filed with the court. This plan will detail how your creditors are going to be paid back. Chapter 11 bankruptcy is for businesses and certain individuals with high incomes who might not qualify for Chapter 7. Chapter 11 allows for the continued operation of a business with possession of assets retained and the debtor continues to operate and manage as the “debtor in possession.” You need to be aware that some types of debts can be substantially compromised, also that executory contracts can be rejected under Chapter 11.
Working One-on-one with You
At Buff & Chronister we are experienced litigators and can deal with any and all situations where other areas of law intersect bankruptcy law. We work with you one-on-one and provide a Gwinnett County bankruptcy attorney and not a paralegal or first year attorney. We will represent your best interests in court and are aggressive in fighting a creditor’s attorney who tries damage your finances further.
Filing for Chapter 11 Bankruptcy in the Atlanta Metro Area?
Chapter 11: Bankruptcy for Businesses
Today’s economic downturn has had a huge impact on the ability of many businesses to survive, forcing companies both large and small to face unprecedented financial challenges. It is a frightening time for many businesses, but fortunately, the possibility of filing a Chapter 11 bankruptcy is available to help you resolve difficult financial situations. Even better, this type of bankruptcy may also help certain individuals who don’t qualify for other types of bankruptcy. If you want to learn more about a Chapter 11 bankruptcy and how it may assist your company or you as an individual, please contact a bankruptcy attorney at Buff & Chronister.
We have extensive business bankruptcy experience and pride ourselves on keeping current regarding complex and changing Georgia laws and federal bankruptcy law and other regulations. Our extensive experience in assisting business owners to file Chapter 11 bankruptcy allows us to move forward quickly and get all the financial issues under control. When you file a Chapter 11 bankruptcy as a business owner in the Atlanta metro area, you will have the opportunity to greatly reduce the amount you finally pay in overdue obligations, as well as halt legal actions against you.
Filing for Chapter 11 Bankruptcy in Georgia
Chapter 11 bankruptcy is an opportunity when a business is struggling. The economy will recover; until that time, you may need to address the issue of unpaid obligations such as leases, vendor payments, equipment costs and others to maintain your operation. Under Chapter 11, your business will be under certain restrictions, but it allows you the time to reorganize your operation and get it back into the black. After years of dedication to your business, you want the opportunity to keep your doors open and move forward without great losses. Similar to filing Chapter 13 bankruptcy, Chapter 11 entails a reorganization of debt; unlike a Chapter 13, however, there is no limit to the amount of debt that can be restructured and may the best solution for those with large debt obligations.
Many law firms are only experienced in filing personal bankruptcy petitions and do not have enough background and know-how to adequately represent business Chapter 11 clients. Fortunately, our dedicated attorneys have 20 years of combined bankruptcy experience and are seasoned litigators with knowledge in a broad range of legal issues. Chapter 11 reorganization permits businesses to continuing operating after restructuring their debt and at the same time stops repossessions, collections, foreclosures and lawsuits. Our firm represents small and closely held businesses in Chapter 11 cases and would like the opportunity to provide a confidential analysis of your situation.
Bankruptcy Attorney Serving the Atlanta Metro Area
Buff & Chronister is a boutique law firm that provides skilled legal counsel to business owners throughout the Gwinnett County area. We know how tough it is to do business in the current financial climate, and will take action to help you manage your situation so that you can get on with the “business of doing business” as opposed to constantly juggling payments and fighting legal threats. We have over 20 years of experience in corporate bankruptcy. We are aggressive negotiators, and can pursue further advantages in bankruptcy court through litigation, among other actions to protect you and your business interests.
Chapter 7 Bankruptcy Lawyer in Gwinnett County, GA
Struggling with debt? Find out how Buff & Chronister, LLC can help.
If you have found it difficult to repay your debts, stay on top of bills or fight off persistent creditors, it may be time to explore your financial options. Fortunately, you do not have to face this difficult time alone. With the help of a Gwinnett County bankruptcy attorney from Buff & Chronister, LLC, you can determine which course of action is right for you. Our firm is experienced in all areas of bankruptcy law, including Chapter 7 and Chapter 13 bankruptcy, so you can trust that we will be able to provide you with the straight-forward legal advice that you need. We understand that no two cases are the same, which means that we will take the time to fully assess your financial situation before recommending an appropriate debt relief solution—be it bankruptcy or a viable alternative.
How does Chapter 7 bankruptcy work?
Chapter 7 bankruptcy, which is also known as “liquidation” bankruptcy, is a process that allows debtors to discharge most, if not all, of their debt in a short period of time. In most cases, you can expect the entire process to take about four to six months. Unlike Chapter 13 bankruptcy, however, you must first determine whether or not you qualify by taking a means test. This is because Chapter 7 bankruptcy is strictly reserved for those who are truly unable to repay their debts. If you qualify, you will be asked to file a petition with the court describing your debts, your current monthly income and living expenses, your property and more. Once your case is accepted, the court will subsequently order an automatic stay—which would prohibit all creditors from continuing their collection efforts.
What are the benefits of filing for Chapter 7 bankruptcy?
As of 2014, per recent changes in Georgia bankruptcy law, you will now be able to strip your second mortgage through Chapter 7 bankruptcy if you owe more on your mortgage than what your home is actually worth. Prior to these changes, this could only be done in Chapter 13 bankruptcies. You will also be protected from all creditors’ impending efforts to foreclose upon your home, repossess your property or garnish your wages until the bankruptcy process has been concluded—which means that you will have time to reassess your financial situation without the added worry of creditor harassment. There are numerous other benefits that come along with filing for Chapter 7 bankruptcy, which can be addressed when you sit down with a Gwinnett County bankruptcy lawyer from our firm.
To schedule a confidential consultation with a Gwinnett County bankruptcy attorney at Buff & Chronister, LLC, call our office today at (888) 605-5508 or fill out a case evaluation form online.
Bankruptcy Attorney Serving Gwinnett County
Means Test for Determining Bankruptcy Eligibility
When determining eligibility for filing bankruptcy, a “means test” is the process. Filing for bankruptcy is a process in which most of your debt will be forgiven or reduced, and this test was implemented to ensure that only those who really need a fresh start have access to the process. A means test determines if someone has the means to pay off a reasonable portion of their debt. If the test indicates that they do not and that there is no hope that they can pay off their debt, they will be eligible to file for chapter 7 bankruptcy, in which your consumer debt is discharged.
Those with a high level of income or many assets will not qualify for chapter 7, and can seek relief through filing chapter 13 bankruptcy, which allows them to pay off their outstanding obligations over a 3 – 5 year period. For more information on a means test, the necessary documentation and the entire process, contact a Gwinnett County bankruptcy attorney from our firm today. We assist our clients with the process of the means test, which must be completely accurate or there is danger of delays, denials or even legal trouble.
How a Gwinnett County Bankruptcy Lawyer Can Help
Buff & Chronister is a legal firm that is dedicated to one-on-one legal representation for our clients. We are a small, boutique firm, and we treat our clients with the care and consideration they deserve. We understand the time sensitive nature of bankruptcy cases, and we will never leave you wondering where your attorney is. We will always be available to discuss the case, and when you call to speak to your attorney, that is who you will speak with, not a paralegal or assistant. We know it is important to be responsive to our clients and believe that you have every right to clear and honest communication from your law firm . We are dedicated to helping each of our clients on an individual basis so that they have the opportunity to get a fresh start, whether through filing chapter 7, chapter 13 or for business owners that need to file chapter 11 to get back on track.
Gwinnett County Collections Defense Lawyer
Have harassing creditors violated your rights?
In today’s economy there is unfortunately one business that is flourishing: debt collection. These agencies are often very hostile and bullying in their attempts to get money owed to them, resorting to nasty phone calls and threatening letters among other tactics. People who are at the receiving end of such mistreatment often feel defeated, helpless and ashamed and because they can’t pay their bills, may assume that they don’t have any recourse. If this description speaks to your situation, the place to start looking for help is the law firm of Buff & Chronister. At our offices, a Gwinnett County bankruptcy lawyer is ready to meet with you, talk about our collections defense strategies and discuss how we may be able to help you assert your rights.
Collection Defense Lawyer in Gwinnett County, GA
Our collections defense attorneys, with a broad range of experience in bankruptcy and other types of law, carry numerous responsibilities with respect to collections defense. Some of our many duties include:
Court representation at creditor lawsuit hearings to ensure rights are not violated
Bank negotiations to stop foreclosures so clients do not lose their homes
Bankruptcy filings to ensure that paperwork is done timely and correctly
Fair Debt Collection Practices Act (FDCPA) complaints
With respect to the FDCPA, this federal law was enacted in the 1970’s to prevent collections abuse. If retained by you, our attorneys will vigorously defend your FDCPA rights and take immediate actions to stop creditor abuse against you. We believe you have the right to be treated with dignity and respect even if you owe money, and we will do all that is possible to protect your rights. We provide intensive one-on-one service to our clients and take pride in assuring you that an experienced attorney will always personally meet with you and represent your interests. You can fight back, and we know how to hold creditors accountable in court when they violate your rights.
Gwinnett County Credit Counseling Attorney
Why do I have to complete credit counseling before filing?
The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 was passed by the 109th United States Congress in an attempt to limit the amount of people filing for Chapter 7 bankruptcy. Since this legislative act has since made substantial changes to the United States Bankruptcy Code, all consumers are now required to complete a credit counseling session with an approved non-profit counseling agency before filing their bankruptcy petition with the court. Although this may seem like an inconvenience, credit counseling has proven to be an effective tool for debt management. This process was designed to educate consumers about the pitfalls of incurring debt, and subsequently help them to establish a suitable debt management plan (DMP).
Pre-Filing Credit CounselingPost-Filing Debtor Education
Fulfilling Pre-Bankruptcy Requirements in Gwinnett County, GA
Credit counseling is one of the most important steps to take before filing for bankruptcy in Georgia—as failing to complete a course that has been approved by the U.S. Trustee’s Office could lead to the rejection or dismissal of your bankruptcy petition. This may also prohibit you from re-filing for a certain period of time, so it is crucial that you make necessary arrangements to enroll in credit counseling within the time frame of 180 days prior to filing. At the conclusion of the course, you will receive a certificate of completion that must be filed with your bankruptcy petition.
If you fail to adhere to any of these pre-bankruptcy requirements, the court judge overseeing your case will have little authority to approve your petition. For this reason, we encourage you to involve a Gwinnett County bankruptcy lawyer from Buff & Chronister, LLC early on in the process. Our firm can recommend an approved counseling agency and help to ensure that all pre-filing requirements are carried out in a timely manner, so there is no reason to go through this process alone. Contact our office at (888) 605-5508 or submit a free case evaluation form to learn more about how we can help.
How much does credit counseling typically cost?
On average, credit counseling will cost about $50 in Gwinnett County, GA. This may vary, however, as it really just depends on the type of session that you choose to complete. When you enlist the help of a Gwinnett County bankruptcy attorney from our firm, you can ensure that you get a fair price for the counseling that you receive. We have recommended a number of different agencies to our clients, but we have found that one of the most comprehensive online courses is the one offered by DebtorCC. The first course, which must be completed before filing for bankruptcy, is only $9.95 per household. The second course for post-filing is also listed at the same price, so we encourage you to learn more by visiting their official website.
Avoid Future Complications by Enlisting the Help of Buff & Chronister, LLC
If you are interested in filing for bankruptcy in Gwinnett County, GA, the team at Buff & Chronister, LLC encourages you to get in touch with our firm. Not only can we ensure that all pre-filing requirements are fulfilled, but you can rest assured that we will be by your side throughout the entire bankruptcy process. For this reason, we ask you to discuss your case with a Gwinnett County bankruptcy lawyer at our firm as soon as possible. We provide affordable payment options to all of our clients and we even offer discounts to those who are filing under Chapter 7 or Chapter 13, so there is no reason to delay any longer. Contact our office at (888) 605-5508 to learn more!
Gwinnett County Debt Relief Attorney
Alleviating the Burden of Debt
It is no secret that living under crushing debt is exceedingly stressful. Given the reality of these tough economic times, credit card debt and other debts can weigh heavy on all aspects of an individual’s life. With debts quickly piling up, it is absolutely essential to seek out the advice and guidance of a qualified professional to get your financial situation back on track. If you are struggling underneath the burden of overwhelming debt, you should speak with a Gwinnett County bankruptcy lawyer today.
About Debt Relief
Depending on the type and amount of debt you have, there are options available to address debt problems. No matter what circumstances led to your financial difficulties, it is very important that you take action to resolve the matter. In some situations, options such as debt negotiations or a loan modification may get your financial issues under control. Bankruptcy is another viable option available to those individuals seeking to discharge their debts. If bankruptcy is the best option for you, a knowledgeable attorney will be able to help you determine whether chapter 7 or chapter 13 bankruptcy fits your specific situation.
Debt Relief Lawyer in Gwinnett County
Debt relief is often possible even if a creditor is not responsive to you. At Buff & Chronister, we have the experience and aggressive legal approach to help you pursue the most optimum results in debt relief for your individual case. With our case by case, individual-first approach to financial difficulties, we will take action to gain you every possible advantage when we negotiate. Call one our Gwinnett County bankruptcy attorneys today and let your concerns become our concerns.
Discharging Your Debt in Gwinnett County
Getting Your Debt Discharged Through Chapter 7 Bankruptcy
When individuals file for Chapter 7 bankruptcy due to insurmountable debt, they are usually able to get a great portion of their debts discharged. When a discharge occurs, the person who filed for bankruptcy is released from the personal responsibility of paying most, or sometimes even all, of his or her debts. This action prevents creditors from trying to collect that money from the individual in the future. Debt discharge gives the person who successfully completed the bankruptcy process a fresh start in his or her finances.
In the typical Chapter 7 bankruptcy case, the debt will be able to obtain a discharge order within 60 to 90 days of their meeting of creditors date. This can take longer, however, if a party of interest in your bankruptcy case files an official complaint of objection or files a motion that asks for more time to be able to formally object. By consulting with one of our Gwinnett County bankruptcy lawyers at Buff & Chronister, LLC, you can learn more about how the bankruptcy and debt discharge processes work. We serve many communities throughout Gwinnett County, Georgia, including Lawrenceville.
What types of debt can be discharged?
In Chapter 7 bankruptcy, the types of debts that can usually be discharged are unsecured consumer debt, such as debt through credit cards, medical bills, personal unsecured loans and more. Unsecured debt is debt in which the individual’s property cannot be repossessed upon nonpayment. There are certain steps that individuals will need to take in order to deal with secured debt, or debt in which property can be repossessed as a result of nonpayment. While those who file for Chapter 7 can be at risk of having certain assets liquidated (or sold off to pay back creditors), most filers are able to complete the process with little to no loss of their property.
There are certain types of debt that cannot be discharged through Chapter 7 bankruptcy, such as money owed for child support and alimony, most student loans, most tax debt, and debt from certain types of criminal restitution and personal injury compensation paid to others. While unsecured debt can also be discharged following the completion of Chapter 13 bankruptcy, this only occurs after the debtor has spent three to five years making payments to creditors under a new payment plan.
Gwinnett County Bankruptcy Attorneys Providing Assistance
If you are stuck in a cycle of debt that you simply cannot get out of, you should not hesitate to explore your options for getting your debt discharged through bankruptcy. At Buff & Chronister, LLC, our skilled bankruptcy attorneys can explain the benefits of bankruptcy and help you determine whether this process is right for you. It is sometimes more favorable to seek debt relief through an alternative solution such as debt negotiation or debt settlement, depending on the debtor’s specific circumstances. Contact us so that we can help you get started on the path toward financial recovery!
Gwinnett County Credit Card Debt Attorney
Taking Legal Action in Response to Credit Card Debt
Dealing with burdensome credit card debt has become an everyday reality for many individuals, businesses and families during these tough and trying economic times. There are a variety of issues that contribute to this dangerous financial situation. If you are in the unfortunate position of owing large amounts of money to your credit card provider, seeking legal counsel can be one way to avoid some of the negative consequences of unmanageable debt. The moment that you anticipate these debt-related difficulties, it is essential that you bring a Gwinnett County bankruptcy attorney on board to help you fight to get these problems under control.
Negative Consequences of Credit Card Debt
Aside from APR percentages and the necessary interest payments involved in using a credit card, there are a number of more severe negative consequences resulting from missed payments. Defaulting or missing consecutive payments will radically lower your credit score. With a low credit score, it will become difficult to obtain loans, qualify for leases, or pass any other credit-based test. Credit card companies may also sell your debt to a collection agency for failure to make payments when the payments continued to remain unpaid. Collection agencies could call you at all hours of the day until you pay back the debt. A qualified lawyer can protect you from the devastating consequences that are often the result if your credit card debt has extended beyond your ability to manage.
Credit Card Debt Assistance in Gwinnett County & Lawrenceville
Problems with credit management are very closely tied to the larger scale economic difficulties of today. If you are undergoing complications with the issues involved in credit card debt management, you will find that without proper legal representation you may suffer severe financial consequences. The Gwinnett County bankruptcy lawyers at Buff & Chronister are dedicated to providing you with the legal experience and knowledge to work with you and fight to get credit card debt issues resolved. With our personal, hands-on approach to dealing with creditors, we take action in negotiations on your behalf, usually saving our clients a large amount of money as well as resolving the ongoing threats from credit card companies or collection agencies.
Gwinnett County Bankruptcy Lawyer
Do I qualify for bankruptcy?
The current economic situation does not present a favorable atmosphere to individuals facing economic hardships. The lack of jobs in the job market and the reluctance on the part of most financial institutions to let debtors negotiate the terms of their debts can be especially trying on those in financially precarious positions. Bankruptcy is an increasingly viable option available to those individuals caught in the economic downturn. Determining whether or not an individual qualifies for bankruptcy requires the attention and knowledge of a qualified Gwinnett County bankruptcy attorney. A knowledgeable attorney will be able to evaluate your situation in order to accurately determine if you qualify for bankruptcy.
Determining if Bankruptcy is the Right Option for You
In recent years bankruptcy has lost much of the stigma. The federal government has amended the requirements one must fulfill in order to qualify for bankruptcy. It is very important to know that in most cases it is not a question of whether or not you qualify for bankruptcy, but what form of bankruptcy fits your financial situation.
Getting the Help You Need in Gwinnett County
At Buff & Chronister, our Gwinnett County bankruptcy attorneys have extensive experience and knowledge regarding the laws and guidelines governing bankruptcy. Our firm takes a personal approach to bankruptcy law. Unlike other firms, we deal with our clients directly, never leaving your important case in the hands of a clerk or paralegal. Together we will evaluate your finances in order to establish a clear economic picture. Once we have a full understanding of your situation we can determine the best course of action you should take whether bankruptcy or an alternative that will better serve your interests. You can have full confidence that you are getting legal counsel from a firm that has all the options to assist you.
Emergency Bankruptcy Filings
Save Your Home in Gwinnett County with an Emergency Bankruptcy Filing
If you are facing a foreclosure which is about to occur within the next 48 hours, you can still save your home with an emergency Chapter 13 bankruptcy filing. A Gwinnett County bankruptcy attorney at Buff & Chronister, LLC can file your petition to stop the foreclosure action. Our competent and caring attorneys have more than 20 years of combined experience in debt relief and bankruptcy law. We are proud of the effectiveness we have demonstrated during our practice for our many clients, whether they are individuals or small businesses. When faced with a dire situation such as the immediate foreclosure of your home, you need fast and capable legal action which our team can provide. Don’t give up your most valuable asset without contacting our firm.
How a Gwinnett County Bankruptcy Lawyer Can Help
As long as your home has not been auctioned on the courthouse steps, it’s not too late for our firm to step in with your emergency Chapter 13 petition. This petition can be filed with the court even if you do not have all the necessary information gathered and put together in all of the documentation and paperwork that must accompany your filing. Once your skeleton petition is filed with the court, an automatic stay is imposed which will immediately stop the imminent foreclosure by your lender.
You will then have an additional 14 days to file all other schedules and your Chapter 13 repayment plan with the court for approval. Bankruptcy filings are notoriously voluminous in all of the documentation that is needed concerning your debts, income, assets, and other financial background. These details can all be determined thoroughly with the help of our firm once your petition is filed with the court. We can provide all of the assistance you need to ensure that your Chapter 13 bankruptcy case is handled smoothly and effectively.
Contact Buff & Chronister, LLC Today
Sometimes circumstances occur that leave you no other option but an emergency filing. If you or anyone you know has been caught in this situation, contact our firm to speak urgently with a Gwinnett County bankruptcy lawyer today.
Gwinnett County Bankruptcy Attorney
Defending Yourself Using the Fair Debt Collection Practices Act
Many institutions engaged in debt collection have been found to have resorted to illegal practices to intimidate you into paying. In order to protect debtors from having to face constant harassment, the government has enacted 15 U.S.C. §§ 1692-1692p, the Fair Debt Collection Practices Act, which is aimed specifically at collection agencies and activities. Under this federal statute, collection agencies address debtors respectfully. If these agencies overstep the bounds of this law, legal action must be taken to fight back. If you are experiencing undue harassment from a collection agency or other financial institution, you should speak with a Gwinnett County bankruptcy attorney immediately.
About the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) helps you if you need to take action in collections defense. After an individual misses a few consecutive payments, some lenders may choose to sell the individual’s debt to a collection agency. These agencies pay only a fraction of the total amount of your debt. It is in an agency’s financial interests to do everything possible to collect any money – but they must not overstep the bounds of this federal law or face legal repercussions. How these agencies go about collecting debt is regulated under the FDCPA. Under this act, collectors cannot:
Excessively call you throughout the day, over and over
Call you at irregular times such as very late at night or very early in the morning
Use offensive or threatening language
Threaten legal action they do not intend to take or use other unfair or misleading intimidation tactics
Continue to contact you directly after you have an attorney
Claim to be an attorney if they are not personally an attorney
Threaten to make your debt known to others
Bankruptcy Lawyer Serving Lawrenceville & Gwinnett County
At Buff & Chronister, we know how to use the Fair Debt Collection Practices Act to your advantage so you don’t have to suffer any unfair treatment from these collection agencies. We take a decidedly personal approach to cases involving unfair collection practices. It is important that your case of harassment is fully documented, and then we move forward with legal action against the firm. They may have to pay you damages. Call a Gwinnett County bankruptcy attorney at our firm today.
Filing for Bankruptcy in Gwinnett County
The Filing Process Explained by a Gwinnett County Bankruptcy Attorney
For many individuals who are dealing with a difficult financial challenge and have made the decision to file for bankruptcy, they should understand the steps and process that must be taken. Typically, a bankruptcy only takes place once in an individual’s life at the lowest point of their financial struggles. The individual or family that files for bankruptcy will likely have a substantial number of questions because it is the first time they are going through the process. This is an uncertain time and the confusion may only make the already stressful matter even worse. For those facing the difficulty of bankruptcy, it is important to speak with a Gwinnett County bankruptcy attorney from Buff & Chronister, LLC.
We represent individuals, families and businesses through the filing process of bankruptcy. We can answer their questions and help them make important decisions during the filing stage. For those who live in Georgia and are preparing to file for Chapter 7 or Chapter 13 bankruptcy, they will have to perform credit counseling before they can proceed. The individual who is filing will have to prove to the U.S. Trustee in Georgia that they received credit counseling from an approved agency. This will have to take place within a six month period prior to beginning the bankruptcy process. Before filing, the individual will also have to take a debtor education course. Filing for bankruptcy in Georgia takes a very similar process to that in other states.
Bankruptcy Exemptions in Georgia
The state of Georgia has specific bankruptcy exemptions that can help to determine what Chapter 7 bankruptcy filer will be able to keep and how much the Chapter 13 bankruptcy filer will have to repay the unsecured creditors. Georgia has set bankruptcy laws that do not permit the filer to use the federal bankruptcy exemptions, but they must instead use the state’s exemptions. A Gwinnett County bankruptcy lawyer form the firm can assist the individual who is filing in knowing what exemptions they can receive. What an individual can keep is important to them, which is why we are available to thoroughly discuss the individual’s exemptions.
Georgia Bankruptcy Forms
For those who are filing for either chapter of bankruptcy, they must complete a bankruptcy petition. Other forms that must be completed include schedules that contain detailed information about finances and the means test, which is for Chapter 7. The individual who is completing the means test will have to compare their income to the median income to that of the average household of that particular size. If the income is less than the median, the filer will know that they are eligible for Chapter 7. For those whose income is above the Georgia’s median income, they may still have a chance to qualify for Chapter 7, but will have to offer more detailed information. They may have to pursue a Chapter 13 bankruptcy.
Every individual’s bankruptcy is different and the steps can take different lengths of time. The first step to determine the basic path to follow is to have a case evaluation with an attorney from our firm. We can help you determine your eligibility and help you know which chapter to file under. You will them submit a schedule to cover the financial plan of the petitioner. Repayment plans will be provided and creditors will be informed of the situation. The deadline to file creditor objections is 60 days after a creditor’s meeting is held by a trustee who will present the repayment plan. When it comes to filing for bankruptcy, our firm can help you fight for you to become debt free. Contact us today!
Gwinnett County Foreclosure Defense Attorney
Information on Stopping Foreclosure
If you are in danger of losing your home to foreclosure, it is essential that you speak with an experienced Gwinnett County bankruptcy attorney as soon as possible. There are many options you may have to prevent your home from going into foreclosure, but you must act quickly and speak with our firm about what steps you should take. If you have defaulted on your mortgage, your lender will eventually file for foreclosure on the property.
However, most lenders are willing to work with their homeowners to come to a new arrangement when our law firm is involved. If you are facing foreclosure, renegotiating the terms of your loan or other option, such as a deed in lieu or short sale, should be undertaken without delay. Coming to a decision about whether you hope to keep the property or move on is part of the process. We can help. If you have been unable to make your mortgage payment, you are not alone.
Due to the recession, most homes have lost value – often in tens or even hundreds of thousands. Many people have a mortgage that is far higher than the current market value. If you are unable to continue making your mortgage payments, an attorney from our firm can work with you and your lender to try and negotiate a resolution that will best serve your interests. In most cases, lenders would prefer to have you remain in your home than to start the costly and time-consuming process of foreclosure and eviction.
10 Things You Need to Know about Preventing Foreclosure
If you are in danger of losing your home because you are in default, or about to go into default on your first or second mortgage, contact a Gwinnett County foreclosure defense attorney from our firm today to discuss your options. We can seek out the best options for your individual case. The following information may be able to help, but it is essential that you speak with an attorney if you wish to save your home.
Retain the services of a bankruptcy/foreclosure attorney: At Buff & Chronister, we understand the process of stopping foreclosure, and we know how to negotiate with lenders regarding your mortgage payments.
Loan modification: If you negotiate a loan modification, you can lower your monthly payments and avoid foreclosure or eviction, as well as a negative entry on your credit score.
Short Sale: A short sale can help you get out from under your mortgage payment and debt, and pay off your mortgage for less than the original amount.
Chapter 7 Bankruptcy: If you file for Chapter 7 bankruptcy, you are saying that you cannot pay off your debts. A foreclosure process will be automatically stayed if you file for Chapter 7 bankruptcy.
Chapter 13 Bankruptcy: A Chapter 13 bankruptcy means that you are going to attempt to pay back a partial amount of your debts. This will also automatically stay your home from going into foreclosure.
Know your deadlines: If your home is going into foreclosure, the process can take as little as 4 weeks. You need to file for bankruptcy before your lender sets a date for the sale of your home.
Deed in lieu: If you are at risk of falling behind and going into foreclosure, you may be able to negotiate a deed in lieu of foreclosure with your lender. This can help you avoid foreclosure and walk away from a property that does not serve your financial interests.
Be open to negotiation: As your legal representation, we will not allow you to be bullied and we will attempt to get you the best deal possible.
Government programs: There are many government programs to help homeowners keep their home.
Stay in contact with your lender: Your lender will likely work with you to find a solution, if they know you are interested. If you avoid their phone calls and letters, they will foreclosure on you sooner.
Fighting Foreclosure in Lawrenceville & Gwinnett County, GA
The legal team at Buff & Chronister has extensive experience and can provide you with the one -on-one legal counsel you need with your foreclosure defense. Our attorneys are experienced in bankruptcy and foreclosure and we are prepared to evaluate your financial situation and take action to assist you to resolve a foreclosure, whether you want to keep the property or move on. We are a boutique law firm that takes a personal approach and provides the dedicated, individual legal representation that you deserve.
Gwinnett County Deed in Lieu Attorney
Using Deed in Lieu of Foreclosure to Your Advantage
Losing your home or other property due to serious financial issues is extremely stressful and difficult. The foreclosure of your Home carries with it a number of adverse consequences that will negatively impact your credit rating; in many cases even more severely than filing for bankruptcy. If your financial situation has deteriorated to the point where foreclosure seems imminent, arranging a deed in lieu of foreclosure can be a viable option. A Gwinnett County bankruptcy lawyer can help you through the deed in lieu process and protect you throughout the process. If not arranged correctly, once the sale is completed you could still owe tens of thousands of dollars or more in the shortfall between your mortgage and the amount of the final sale.
About Deed in Lieu
Over the past few years, the economic downturn has forced many families and individuals out of their homes. In many situations, individuals do not have the time or money necessary to go through the long process of selling a home or property, and their property is likely mortgaged far beyond the current market value. While other options do exist to avoid a foreclosure, such as a short sale, mortgage modification, or filing chapter 7 or chapter 13 bankruptcy, these options may not be right for you. A deed in lieu of foreclosure entails handing over the deed to your home or property to your mortgage holder and you walking away free from the obligation. This is often the best solution, particularly for homeowners who purchased property during the subprime mortgage boom and the investment no longer makes financial sense.
Deed in Lieu Lawyer in Gwinnett County, GA
Negotiating a deed in lieu can be a complex process that requires quality legal representation. At Buff & Chronister, our attorneys have the knowledge, skill, and aggressive approach needed to face your mortgage holder and negotiate terms that are in your best interests. Our firm has a proven record of success in arranging a deed in lieu of foreclosure. A deed in lieu will absolve your debt to your mortgage lender and leave you free to rebuild your financial future free from a property that is not worth what it was when you bought it, as are many in the Lawrenceville and Gwinnett County areas. We know how to fight for the best terms for you and can be trusted to have your interests as our focus
Gwinnett County Loan Modification Attorney
Information on Loan Modifications
A loan modification can save you from foreclosure, but many have found that it is difficult to arrange, and many banks and other lenders refuse to come up with an offer that is workable. A loan modification can save if you realize you are a few know that foreclosure is imminent. Contrary to popular belief, most lenders would rather modify your mortgage than foreclose on your home , in the final analysis. The market is flooded with homes that the bank now owns. The costs of reselling the property usually outstrip the losses of a modification. Foreclosures and eviction are both costly processes that are time consuming for the lender. Contact a Gwinnett County loan modification attorney today to discuss your options and how we can help you negotiate terms that are in your best interests.
Experienced Loan Modification Attorney in Georgia
In the current housing market, most properties have plummeted in value. Most homes purchased during the real estate boom are mortgaged at a level far beyond the current market value. Due to the recession, job loss, and an over-mortgaged property, the banks may hesitate to make reasonable arrangements. We know exactly how to negotiate with lenders and to help our clients in a loan modification. Each case is unique and you should have your loan documents reviewed immediately.
If your loan has omissions, errors, or other issues, it can allow for more ammunition when negotiating for you. Some of the options in a loan modification may include: adjusting the interest rate, adjusting the principal, lengthening the term of the loan, lowering monthly payments, and capping monthly payments at a percentage of your monthly household income. These can all help ease the financial burden of a loan payment that is unmanageable.
Buff & Chronister is a boutique law firm that provides the one-on-one support and dedication that is so essential in negotiating with your lender. At our firm, we handle each case individually and with conscientious attention to detail. You deserve high quality legal representation that is concerned with you, your family and your financial health on a personal basis.
Gwinnett County Short Sale Attorney
Short Sales as an Alternative to Foreclosure
If you have failed to keep up with your loan payments, and your mortgage is in default, one of your best options may be to negotiate a short sale with your lender. If you are in default, contact a Gwinnett County short sale attorney today to assist in negotiations and to protect your financial interests. Due to the plummeting real estate market and economic recession, many homeowners have mortgages that are worth far more than the current value of their home. A short sale is when a lender allows a homeowner to sell their home for less than the value of the mortgage, accepting the “short” amount, and forgiving or absolving the remainder of the loan.
A short sale is a good way to save your credit rating, and prevent your home from going into foreclosure. Many lenders will prefer to do a short sale as opposed to foreclosing, as they will save the money it costs to file a court order for eviction. Working with an attorney who can negotiate with your lender on the terms of your short sale is imperative; if the process is not managed by a professional, you could find yourself owing the shortfall after the sale of the home has gone through. We aggressively negotiate with banks and have the record of success in short sale negotiations that you need to protect your interests. If filing for bankruptcy is the appropriate legal action, we can help.
Short Sale Attorney you can Trust in Gwinnett County
Buff & Chronister is a small law firm with over 20 years of combined experience in the field of bankruptcy, short sales, and deeds in lieu. If you are struggling under a mortgage payment that is unmanageable or it no longer makes sense to keep a property, we can discuss your options with you, and together, we can devise a strategy to either modify your loan or negotiate a short sale that could be approved by your lender. We have helped numerous clients who have been at risk of going under financially, and helped them to get back on track. We will represent you in dealings with your lender and not allow you to be bullied into a deal that is less than satisfactory. Contact a Gwinnett County bankruptcy lawyer today.
Asbestos Lawyers Who Are Specialized Lawyers For Special Cases
When you have a certain cancer or other epidemic that is thought to be caused by asbestos, not just any lawyer will do. You must call an asbestos lawyer. After all, you wouldn’t call a defense attorney who usually handles murder cases if you’re going through a divorce, would you? Of course not, but you would go to a cancer specialist if you had cancer. The asbestos lawyer is the cancer specialist regarding the law. They know what you’ve been exposed to, that you’ve probably been lied to all these years, and they know how to get you every dime you’re deserved. Of course, sometimes this is just enough to cover your medical costs but it’s worth it if it can save your life. If nothing else, it will give your family the means to give you a proper funeral should the doctors be unable to cure the cancer that was caused by a substance once commonly used as insulation.
What Is Asbestos?
Asbestos was very commonly used in buildings and in houses as insulation. Mostly, it was used because it was good at insulating a building but also because it was a fire retardant. However, despite the fact that it was used prevalently in most buildings and houses, experts discovered that asbestos is the cause of some cancers and other ailments. People began dying in record numbers due to asbestos poisoning and, thus, the asbestos lawyers were born.
Asbestos lawyers took their place in society to defend those who were most affected by this horrible substance that obviously wasn’t tested very thoroughly before it was used in practically all buildings. A major overhaul took place in most structures all throughout the country, as building owners tried to rid their homes and offices of asbestos. However, this overhaul costs money. Doctors bills from the resulting cancer also cost money and that’s where asbestos lawyers can help.
Asbestos lawyers will fight to get you everything you’re owed from being exposed to asbestos. If you think that you’ve been exposed to asbestos, or if you have cancer and you suspect that it was caused by asbestos poisoning, you should contact the nearest asbestos attorney in your area.
To find an asbestos lawyer in your area, open the phone book or do an internet search. Just realize that you’re not alone. Many people were unknowingly exposed to asbestos and there is help and support out there, you just have to find it. Seek out an asbestos lawyer today and fight for what is owed to you and your family.
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Accident Claims: Worth The Wait?
If someone has suffered an accident whilst driving, working or in a public place chances are it will be distressing and if they are embarking on making a claim for compensation then they may be concerned that they may not receive any compensation.
This concern leads to many people thinking they should take the first offer they are made by either their insurer or the other party involved, as then at least they are guaranteed some financial award and won’t have to go through the sometimes lengthy claims procedure.
This thinking is also being manipulated by employers, defending solicitors and others at fault, who will take advantage of this fear, and often use pressure tactics to persuade potential claimants to take a ‘payoff’ in order to get the claim resolved more quickly, and without them having to pay out what the claimant really deserves.
However if you do take the first offer of remuneration, chances are it will be much less than the true value of your claim, with some cases reporting final settlements over 1000 times the value of initial offers. If you have suffered loss of earning and a reduced quality of life due to an accident or injury, then this type of difference can mean you have a much more comfortable life, after the stress of a serious injury.
It can be frustrating waiting for your claim to be resolved, but be assured that your personal injury solicitor is an expert and if they feel the claim is worth pursuing further then they are usually correct. If you take the first offer against their advice, then you are really accepting less than you are entitled to and are often not getting the apology you deserve too.
The bottom line is this, if a careless driver caused you an injury, your employer failed to protect you or any other liable party is at fault, then you deserve compensation and an admittance of blame on their part, and are entitled to get it.
If you think you have grounds for a head injury claim or have suffered an injury at work and would like to make a industrial accident claim then a specialist solicitor will be able to help you with each step of the process.
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Divorce, overall, can be an overwhelming and stressful experience for everyone involved. Not only are the persons involved taking on drastic life changes, both emotionally and with circumstance, but then there’s also the need of finding one of the many best divorce lawyers out there to ensure the best possible future for that path that lies ahead.
When it comes to the process of divorce, making sure you’re properly prepared ahead of time can help to make things run a little more smoothly. Finding the right divorce attorney is, of course, part of this preparation, as they can help maintain all documents regarding the divorce for you, understand your rights, and can provide research and many other services that may be otherwise difficult to handle or perform on your own when life is busy all around you.
Areas of divorce such as the division of property, debt, and that of child custody can turn into complex and delicate situations, and are things one must tread carefully with. When one takes on an attorney, they are better safeguarding themselves against the possibilities for errors or crucial points that those who are less experienced may otherwise miss, resulting in the possibility for poor results in the end. Things that may be relevant to the case, but are personal or sensitive in nature, may need to be discussed openly with an lawyer; therefore, it is always good to ensure that a client feels comfortable with the person representing them.
Finding the right attorney or law firm that specializes in the area of divorce may prove to be more in your favor, as this means there is a stronger likelihood that they will have knowledge and better foresight than those who are less experienced in divorce. It’s a good idea to meet in person with the lawyer that a firm may have in mind for you, as you can generally pick the one you wish to go with. Finding an attorney who specializes in certain areas of divorce, should one area be more important to you, is also something to consider.
Meeting directly with a lawyer can help one determine as to whether or not they’re truly the right fit when it comes to how comfortable you are speaking to them and how well they communicate in turn. It is important to ask questions when screening a lawyer in order to accomplish this so that you can see just how well the pair of you communicate, and also to get a sense of how they may represent you when holding their own in court proceedings.
Knowing the fees involved with your case and of the lawyer is an important thing to know ahead of time, so as to avoid any surprises. Ask how much money will be required to be paid in advance, if there are any payment plans, and try to see if there can be an estimated price quote issued. Above all, when it comes to even the best divorce lawyers, it is important to make sure that you can afford their services.
When you have decided to divorce, it’s important to retain the best divorce lawyers to manage your case. Local divorce lawyers can preserve your financial and custody interests in a professional manner.
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You can need legal assistance for a wide variety of reasons. If they have to do with your family, then you need a certain type of lawyer. For issues of this type, you need a lawyer who specializes in Family Law in Charleston.
Family law covers a wide variety of issues related to marriages and children. Although often we think of needing lawyers when things get bad, this is not necessarily the case. There are many more circumstances where legal aid may be necessary.
Suppose you are at the stage of deciding to get married. You might want advise on the laws regarding future dissolution should that be necessary. Laws regarding marriage can be very different from one state to another. States can also have different laws regarding the length of time a couple has to live in the same house to be considered to have a common-law marriage.
No one goes through with a marriage assuming they will be getting divorced at some point. Even so, it is best to protect your assets if you have any. You may want legal help in drawing up a prenuptial agreement. This can help you from getting into far greater problems at some point in the future if you do decide you want a divorce.
When it comes to children, there are many different ways a lawyer can help. For example, if you are having trouble conceiving, you may need help with surrogacy or adoption. Trying to adopt without legal help can result in an even longer process than usual and you may not even get your child at all.
In the case of a divorce, a lawyer can be instrumental in making sure that your rights are protected. This is even more important if you have children and assets that are shared. If the divorce is not friendly, a lawyer will be necessary, for the sake of your children if nothing else. A lawyer can help you in matters such as child support, child custody and, should it be necessary, child abduction.
You get married assuming it is going to last. You also assume that your spouse will never do something that could end up endangering your children. Otherwise, you would not be getting married. Unfortunately, problems can arise. If they do, you can call on a family lawyer in Charleston to help you through all the processes and paperwork.
Looking to find the most comprehensive information on Family Law in Charleston?
Many individuals who get involved in auto accidents want to obtain settlement loans. Furthermore, they wonder if their claims are of any value. Many individuals involved in auto accidents sustain injuries that result in neck pain. The question is, “What is the cause of that pain?”
Unfortunately, many individuals who are involved in auto accidents conclude that merely because another vehicle struck them that the other driver will be found liable for injuries sustained. However, this is often not the case. Even in those cases in which a driver’s vehicle was struck from the rear pose some challenges when it comes time to make any determination as to where liability should be correctly assigned.
Due to the fact that there has been such an increase in litigation in our society, many insurance carriers will assert that the incident occurred as a result of a “jack-rabbit start.” This is an incident in which one driver abruptly moves forward and equally-abruptly applies his/her brakes. The principal purpose of this maneuver is, as is often assumed, to intentionally cause the vehicle from the rear to strike the front vehicle. Assuming that the facts of the case are clearly established, one may rest assured that settlement loans will not be forthcoming in such fraudulent cases. (One should also take note of the fact that such actions, once discovered, may result in criminal prosecution.)
If you are involved in a car wreck and experience a neck injury, you are encouraged to seek medical attention without delay. Rarely is it advisable to settle a claim prior to seeing a medical provider if any injuries are sustained in an auto collision. The potential for harm when tons of metal collide is substantial.
Both providers and patients are frequently placed in a no-win situation in such cases. It is certainly prudent to balance cost-containment measures with best-practices. However, it is unwise to place the payer’s interests ahead of the patient’s. If neither an MRI nor a CT scan is obtained, the payer will assert that no substantial injury occurred, as is evidenced by the fact that no such imaging was obtained. If either an MRI or a CT scan is obtained, the payer will allege that it was not medically necessary. If either an MRI or a CT scan is obtained and substantial findings are noted, the payer will allege that such findings were preexisting.
First and foremost, if you sustain injuries to your neck as a result of an auto collision, I would encourage you to seek medical attention as quickly as possible. The longer the delay between the date on which the auto collision occurs and the date on which you seek medical attention, the more forcefully the insurance carrier will allege that no actual injuries were sustained. (Not to mention the fact that the longer the delay, the greater the likelihood of a protracted course of recovery. Additionally, some life-threatening conditions may be identified that would have been missed without the assistance of a qualified healthcare provider’s assessment.)
Naturally, the insurance carrier will argue that a delay in seeking care suggests that the injuries were either mild or nonexistent. Additionally, insurance carriers will allege that the care sought was principally attorney-directed. There is little to be gained by prolonging the first visit to a qualified healthcare provider following a car wreck.
In addition to seeking competent legal counsel, something which is absolutely essential for those wishing to obtain settlement loans, it will be very important for them to find healthcare providers who are knowledgeable in the assessment of injuries arising from auto collisions.
Bear in mind, general practitioners are customarily not very helpful in making a determination as to the extent and severity of injury sustained as result of a car wreck.
Family physicians expect to get paid for services performed. Justifiably so! Patients don’t like to pay out-of-pocket for medical expenses, especially when they feel that someone else is responsible for those injuries. This is understandable! However, most major medical insurance policies specifically exclude care and treatment of injuries arising from car wrecks.
Such omissions make it very easy for the insurance carrier, once the insurance carrier obtains the medical records, to present a very persuasive argument before the jury that you went to a medical provider following the auto collision and the physician made absolutely no mention of the fact that you sustained injuries as a result of that auto collision. In fact, there’s absolutely no mention of the auto collision whatsoever.
The foregoing is not intended to cast aspersions upon family physicians. It is true that most family physicians are honest individuals who deal with a great deal of integrity on a day-to-day basis. However, having reviewed thousands of cases over the years, from essentially all over the United States, such omissions are so patent as to make this assertion undeniable from my perspective.
Yes, those individuals who seek to obtain settlement loans following auto collisions due to the fact that they sustained injuries that resulted in neck pain are encouraged to seek competent legal counsel and competent medical attention as quickly as possible. There are many factors at stake, about which the vast majority of individuals involved in these auto accidents are totally clueless. You enhance your chances for a favorable settlement by following up with a medical provider as quickly as possible, a medical provider who is capable of assessing both the nature and extent of injuries sustained.
Learn more about obtaining lawsuit funding. Stop by our site where you can find out all about the benefits of obtaining settlement loans and what they can do for you.
If you have been involved in a motor vehicle accident, you may be uncertain what steps to take to best protect your rights. Simply being in an accident can cause stress, anxiety or panic, causing you to lose focus on what you need to do to safeguard your interests. This article provides a resource to help you ensure that you have followed the procedures necessary to help you get full and fair compensation for your injuries.
Step One: Assess the extent of any injuries to you or your passengers. Determine if everyone in your car is conscious and able to move under their own power. If someone is unconscious, leave them where they are until medical assistance arrives. If anyone has an injury that has rendered them unconscious or unable to move, call 911 immediately.
Step Two: Move your vehicle out of the way of traffic, if possible. Leaving your vehicle in traffic can expose you to the risk of further injury. Your safety is paramount—the accident can be reconstructed later. If you cannot move your vehicle, turn on emergency lights, set up road flares and take action to warn oncoming vehicles.
Step Three: Contact the police and file a report. Call 911 to report the accident. Wait until the police officers arrive and provide them with an accurate account of what happened. Before they leave, obtain their names, badge numbers and the jurisdiction in which they work.
Step Four: Gather information from other drivers. Ask any other drivers involved in the accident to provide you with the following information
• telephone number
• auto insurance provider
• auto insurance policy number
Also note the following information:
• the date and time of the accident
• the make, model, year and color of the other vehicle
• the license plate number for any other vehicle involved
Step Five: Take Pictures of the Accident Scene. If you have a camera on your phone, use it to take pictures of all vehicles involved in the accident. Also take pictures of the scene of the accident, making certain to include traffic signs or signals, skid marks and any property damage.
Step 6: Keep a Tight Lip. Often, in the aftermath of an accident, you can have a lot of nervous energy and find yourself wanting to tell your story to anyone who will listen. Don’t do that. Answer the questions asked by police officers clearly and succinctly, but don’t volunteer any information. Anything you say may be brought into evidence and could be damaging to your case.
Step 7: Get the Medical Care You Need. When you leave the scene of the accident, you may want to go immediately to the hospital or to a clinic to have your injuries evaluated. If your injuries don’t appear to be serious, you may want to schedule an appointment with your doctor. You should do so immediately, so that you have documented evidence of all injuries.
Step 8: Contact an Experienced Personal Injury Attorney. Even before you talk with your insurance company, you should contact a lawyer, if at all possible. Insurance companies have a vested interest in paying as little as possible to settle your claim. An attorney will work directly with insurers to help you get all the benefits you paid for and deserve.
Step 9: Contact Your Insurance Provider. Notify your automobile insurance provider of the accident.
Many attorneys and other professionals are book-smart. But as you know, you also need old-fashioned common sense applied to every situation as part of determining how to best handle a particular situation. For example, although you may be technically right that the souvenir ashtray you picked up on your recent trip should be your property in a divorce, it makes no sense to pay a lawyer hundreds of dollars to fight over an ashtray you could replace for $3.95 – common sense.
With offices in Plano and Dallas, the Trial Lawyers at Dement Roach & Stern, PLLC have that common sense, coupled with experience and personal service. We have been representing clients throughout Dallas County, Denton County, Collin County and the surrounding areas since 2002. With over 20 years of combined experience, we employ a collaborative approach to problem solving that gives you the full benefit of our combined experience, knowledge and common sense. We tailor solutions to fit your unique circumstances.
Although we have extensive trial experience, we are equally adept at skillfully negotiating settlements. In fact, we believe our willingness to go to trial leads to better settlement offers and plea agreements.
We will also take the time to understand your matter and explain your options to you. We welcome questions, and may not always provide you with the answers you want to hear, but they will be answers containing the information you need to make informed decisions. We are here to guide you and advise you, and we will do everything our power to bring about the best possible results for you.
We invite you to contact one of our experienced Personal Injury Attorneys and discover why we have earned a reputation as one Texas’ leading law firms. Call us at 214-272-9429 or fill out our online intake form and we will contact you.
Your future and your legal matter are too important to trust to a less experienced law firm. Contact attorneys with experience and common sense; discover the DR&S difference today.
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With offices in Dallas and Plano, Texas, Dement Roach & Stern, PLLC represents clients throughout Texas in family law and divorce, criminal defense and catastrophic injuries, including clients throughout the communities in and around Dallas County, Denton County and Collin County including the following cities: Dallas, Grand Prairie, Fort Worth, McKinney, Plano, Frisco and Denton, TX.
Insurance companies have a duty to act in “good faith and fair dealing” towards their policyholders. This means an insurance company is required to:
Pay or deny your claim within a reasonable period of time
Respond to your inquiries in a prompt manner
Cooperate with you with regard to resolving your claim
Provide written notification the reasons why it is not paying or reducing your claim.
Texas law requires insurance companies and HMOs to pay first-party claims promptly. A first-party claim is one filed by you against your insurance company or HMO. Prompt-payment does not apply to liability insurance claims against another person’s insurance company. It also does not apply to claims involving self-funded plans; workers compensation; mortgage guaranty or title insurance; fidelity, surety, or guaranty bonds; or marine insurance (other than inland marine).
Texas’ prompt-payment law requires licensed insurance companies and HMOs to:
Acknowledge claims, begin investigations and request any needed information within 15 days after receiving a claim. Surplus lines carriers have 30 days to complete this process. A surplus lines carrier is an out-of-state company not licensed in Texas but allowed to insure hard-to-place risks.
Notify you in writing of the acceptance or rejection of your claim within 15 business days after receiving all required information. This deadline may be extended an additional 15 days in the event of a “declared” weather-related or natural disaster. If the company cannot accept or reject your claim within the time limit, the company must tell you why it needs more time to process your complaint. The company will then have up to 45 additional days after this notice to accept or reject your claim.
Give the reason in writing for rejecting your claim.
Make payment within five business days after notifying you that your claim will be paid. Surplus lines carriers must pay your claim within 20 business days.
If you win a lawsuit for the violation of the prompt-payment law, the court can require the company to pay your attorney fees and a monetary penalty.
Insurance companies act in bad faith by failing to honor legitimate claims. They may inadequately investigate a claim, or delay investigation, fail to pay or delay paying a valid claim, treating the insured as an adversary, decieve or evade insured’s questions, conceal facts, show a pattern of denying all claims, lie, cheat, etc.
The size and prominence of an insurance company is not a judge of their character. Insurance companies as large and “upstanding” as Allstate and State Farm have been shown in court to have acted in “bad faith”.
Most insurance companies operating in Texas are required to have toll-free telephone lines for customer assistance. The toll-free number should be listed on your policy.
Have your questions and policy number available when you call the company.
If you have a dispute with your agent or company, put it in writing. This encourages a written response. State your complaint and how you expect the company to handle it.
Include with the complaint copies (not originals) of letters, notes, invoices, canceled checks, or advertising material that support your complaint.
Contact an attorney if you feel like you are being treated in bad faith.
Any time you have an insurance claim, and suspect bad faith, you should follow several simple rules:
You may wish to consult an attorney to discuss your concerns.
You may also request alternative dispute resolution (ADR) to settle complaints with your insurance company. ADR uses a neutral third party to help settle a dispute outside a formal court of law. Using ADR to settle your insurance claim can avoid the delays and costs of a trial.
If you use ADR, you do not surrender your right to insist on full and fair compensation. In most cases, ADR also does not eliminate your ability to sue or go to trial. You do not need an attorney to use ADR, although you may wish to hire one.
Remember, the job of the adjuster is not to pay you…it’s to save the insurance company money. They are not on your side, and they are not trying to help you. You need an experienced insurance lawyer to get what you really deserve. The Insurance Companies already have lawyers, you should have one too.
Insurance companies that have committed acts of bad faith may be required by law to pay original benefits, legal costs incurred by the insured party, damages for any harm incurred because of claim denial, and in some cases, punitive damages.
There is a time limit, or statute of limitations, in bad faith claims. Act as soon as possible in order to protect your rights.
Insurance Bad Faith, Uninsured Motorist Claims — Attorneys near San Jose and San Francisco
Imagine finding out that, despite a valid claim, you have been denied coverage by your insurance carrier. Or, imagine being injured in a car accident only to learn that the driver at fault has no insurance to cover the costs of the damage to both your vehicle and your health. If you have been a victim of insurance bad faith or an accident with an uninsured motorist, you don’t have to imagine – it is your reality. The insurance bad faith attorneys at our San Jose and San Francisco-area firm are experienced in these sorts of cases, and have access to a host of specialists in such areas as insurance coverage and accounting fraud. The unfortunate fact is that although they claim to be looking after your needs, insurance companies’ number one concern is their own financial welfare. And they will go to great lengths in refusing to help even the most deserving clients.
Whether our clients need assistance with insurance bad faith or uninsured motorist claims, our attorneys near San Francisco and San Jose will do everything possible to win their case. Contact us today for your own free case review.
Insurance Bad Faith
Uninsured Motorist Claims
Insurance Bad Faith
Every month, a nice chunk of many people’s paychecks is sent off to an assortment of insurance companies — homeowner’s insurance, car insurance, health insurance — with the intention of obtaining protection from bearing the entire financial burden after a catastrophic event. When the insured individual gets sick, her health insurance helps to cover some of the cost of medical treatment. When a house burns to the ground, homeowner’s insurance can assist the policy holder in putting his home back together. However, insurance companies oftentimes do not want to provide the coverage for which their clients have paid; it is sadly commonplace for insurance companies to deny the claims of their clients. When this is done in the face of undeniable and viable evidence that their client deserves coverage, it is called “ insurance bad faith.”
For insurance companies, denying claims — even valid ones — is a common practice that works in their best financial interest. Studies show that out of 100 denied claims, just five clients will try to appeal the denial. Even if the insurance company chooses to pay four out of those five claimants, and is then forced to pay the fifth claimant after a legal fight — the company has still avoided paying for 95 percent of the valid claims they denied.
When dealing with large, wealthy, and powerful insurance companies, it is crucial to have an experienced, passionate, and proven legal team on your side. Our insurance bad faith attorneys near San Jose have spent more than two decades working diligently and successfully for insurance bad faith victims. Contact us today to discuss the details of your case with a member of our expert legal team.
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Uninsured Motorist Claims
Under California state law, all drivers are required to have car insurance. However, the most recent statistics reveal that approximately 22 percent of all drivers in California do not have car insurance. This not only endangers their life and livelihood, but also the life and livelihood of responsible, legally-covered drivers. One of the most frustrating and frightening things a person can go through is having the stress of a car accident compounded by the fact that the driver responsible for the accident doesn’t have insurance. At the Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, LLP, we are highly skilled in handling all kinds of uninsured motorist claims for San Francisco and San Jose accident victims.
When an insured driver is struck by an uninsured motorist, the insured driver can receive compensation for personal and property damages from his or her own car insurance company if the policy covers uninsured motorist accidents. It is then the insurance company’s responsibility to bring a case against the uninsured motorist. However, if the driver’s policy does not cover uninsured motorist claims, it becomes their responsibility to hold the uninsured motorist accountable for the damages. If you or a family member have been involved in an accident with an uninsured motorist, it is very important that you seek professional legal guidance as soon as possible — even before speaking with your own insurance company. Our lawyers are experts in successfully resolving uninsured motorist claims in the San Francisco area, and they are ready to review your case today. Please contact our firm right away.
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ERISA stands for Employee Retirement Income Security Act of 1974. Originally designed to improve the ability of employees to receive insurance and long-term disability, and save for retirement, ERISA has actually delivered a crushing blow to the average employee seeking coverage. In effect, ERISA makes it more difficult for employees to prove they deserve coverage, and more easy for insurance companies and employers to deny benefits. What’s worse, appealing a denied claim is so difficult (even in the most deserving cases) that a large percentage of lawyers won’t even attempt to bring an appeal. However, the insurance bad faith attorneys at the Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, LLP near San Jose want to help those denied coverage under ERISA to receive the benefits they are due.
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Contact Our Insurance Bad Faith Attorneys
If you are ready to fight for your legal rights against insurance bad faith or need assistance with uninsured motorist claims, contact our attorneys near San Jose and San Francisco as soon as possible. We understand the complexities of these claims, and we know how to build successful insurance cases.
Perhaps one of the most shameful crimes in our society is that of elder abuse. With more and more aging seniors being placed in nursing homes, where they are supposed to receive the kind of medical attention they deserve, there has been an increasing number of elder abuse cases. Our lawyers near San Francisco can help you protect your loved one from negligent, violent, or fraudulent acts committed by their caretakers.
Symptoms of elder abuse include, but are not limited to:
Inexplicable bruises, cuts, and fractures
Dehydration, severe weight loss, or bed sores
Obvious lack of hygienic care, such as baths or clean laundry
Disorientation and depression
Missing jewelry or other valuables
Over- or under-medication
These symptoms, and many more, can be attributed to negligence and physical, mental, and emotional abuse. The families of elderly nursing home residents should be able to trust their loved one’s caretakers; the elderly deserve to live with decency, respect, and attentive care. When a nursing home or its employees fail to adequately provide for the needs of an elderly patient, they should be held accountable for their actions. If you believe your loved one is a victim of elder abuse, contact the lawyers at our San Francisco-area firm. We will review your case and investigate your claim as quickly as possible.
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Social Security Disability
If you have been injured or disabled, and wrongfully denied the social security disability coverage that you deserve, our attorneys can help you fight back. It is an unfortunate fact that many legitimate disability claims are denied by the Social Security Administration every day. Wading through the legal documents and forms required to dispute a claim can be confusing, and often deters people from pursuing the benefits they have earned.
To be eligible for Social Security Disability Benefits, you must have paid Social Security taxes for at least five of the last 10 years and have a terminal condition or a disability that will prevent you from doing your job for at least 12 months. It is also necessary to prove that your impairment prevents you from doing any other kind of work outside of your current employment.
Having a lawyer who understands the technical and medical terminology involved in this type of case is extremely important. At the Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, LLP, we have successfully handled Social Security cases before, and will do everything possible to help you receive your benefits.
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Government Tort Liability
The Government Tort Liability Act states that government employees cannot be held responsible for personal injury cases except when the official’s negligence is a cause of the injury. It does not have to be the primary cause, but it does have to play a role in causing the injury to happen. Government tort liability laws help to protect government officials from being sued fraudulently, while also providing a means for victims to seek compensation when they are injured due to a government official’s wrongdoing or negligence. If you or a loved one has been injured because of a government official’s actions, please contact the Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, LLP today.
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Contact Our Workers’ Compensation and Elder Abuse Lawyers Near San Jose and San Francisco
Receiving sound legal guidance as soon as possible can make all the difference in the length and success of your suit. Many victims of wrongfully denied social security disability or workers’ compensation claims, elder abuse, and other such cases fail to contact their lawyers until it’s too late. If you live in the San Jose and San Francisco area, we strongly urge you to contact our law firm right away.
Auto Accident Insurance – What To Look For
by wisconsin on Saturday, July 23rd, 2011 | No Comments
By far the most crucial concern that needs to be attended to, if you are involved in an auto accident is always to see to any personal injuries that will have resulted. The next most important task is to speak to your insurance company representative. So let’s say you get hold of your agent to inform him you have been involved in a car accident, and he seems very helpful. He even suggests a body shop you could take your vehicle to, and might refer to it as being a “preferred” repair shop.
“Terrific” you may think. That saves you the hassle of needing to find a body shop yourself.. After all, you want to get your car repaired at the earliest opportunity. However, suppose you are already aware of a high quality repair shop that does body repair and would prefer to take your vehicle there.
So you notify your insurance representative you wish to take you car to another body shop. But he responds with something similar to “We won’t warranty the repair in the event you go there” or “You’ll need to spend a lot more if you go to the shop that you picked” or some other statement intended to discourage you from going to your shop and encourage (or possibly attempt to coerce) you to go to the company’s “preferred” shop.
So what to make of all this? You might be wanting to know why he is wanting to discourage you from opting for your own shop?
To respond to this question, you need to know what the final goal of an insurer is: The answer has nothing to do with providing you the convenience of not having to find a good repair shop … the final target is to generate profits, and as much money as possible! And that is accomplished by minimizing the amount they must pay back in insurance claims.
So the collision shop your agent suggests is “preferred” … preferred by the insurance carrier for THEIR advantage, not yours. And why is that? Because the recommended repairer is under contract to utilize components which are less costly than the original parts that were in the car when it was new. But regrettably, most of these parts are substandard in quality and could even result in a dangerous repair job! This can even mean that your car will be unsafe to drive after the fixes are concluded.
There are more reasons why choosing the wrong repair service can lead to dangerous fixes. There’s a method referred to as “Clipping”, and that means cutting off a complete half of your car (either the front or rear half) and affixing another (undamaged) half of a vehicle that has been wrecked.
This process actually entails cutting through the vehicle’s unibody or frame, and it affects its structural integrity. Does this sound risky to you? That’s because it IS unsafe! But sadly, it isn’t against the law! It’s a widespread incident.
So the bottom line is – if you were to be in a traffic accident – look out! Find out if the shop makes use of OEM (original equipment manufacturer) components, or lesser quality “aftermarket” parts. And if the shop performs “clipping” … don’t even consider using them!
NTSB Highlights Safety Issues Related To Sleep Disorders
Washington, D.C. – National Transportation Safety Board Acting Chairman Mark Rosenker today reemphasized the importance of medical screening for vehicle operators who may have undiagnosed sleep disorders. The remarks come at the beginning of National Sleep Awareness Week (March 28 – April 3), during which the NTSB hopes to raise public awareness of its ongoing concern about fatigue-related safety issues.
The U.S. Department of Health and Human Services estimates that sleep disorders such as insomnia, sleep apnea, and restless legs syndrome affect 50 to 70 million Americans. Sleep disorders were among the safety concerns addressed in the Board’s Special Investigation Report, Medical Certification of Noncommercial Drivers, adopted in November 2004. The Board has recommended education for vehicle operators and their physicians about sleep disorders and how they may contribute to fatigue-related performance decrements, improved medical exams for commercial operators that include questions on sleep problems, and restrictions on the use of medicines that may cause impairment during vehicle operation.
The Board also addressed sleep disorders at a public hearing hosted by NTSB in March 2003 concerning factors that contribute to medically related highway accidents. Acting Chairman Rosenker stated that the Board has linked fatigue resulting from sleep disorders to numerous accidents. He noted, “In many cases operators are not aware that they suffer from a sleep disorder until after they have been involved in a crash.”
By raising awareness about the importance of sleep and the need for operators to be screened and, if needed, treated for sleep disorders, the Board hopes to decrease the number of accidents attributable to fatigue. In an effort to further highlight and share information on the significant role fatigue plays in transportation safety, the Safety Board has developed a two-day course designed to bring together federal and commercial transportation officials, law enforcement officers, and other interested parties to discuss the topic at the NTSB Academy in Ashburn, Virginia.
Contact our lawyer now If you have experienced personal injuries or substantial income loss as a result of a truck accident in florida. Our lawyers are here to give you a free case review and to fight for you in court.
Did You Know?
Trucking Carriers And Drivers Are Required To Comply With The New Hours-Of-Service Rules.
Carriers and drivers were required to operate under the former rules through January 3, 2004. That allowed adequate time for the Federal Motor Carrier Safety Administration (FMCSA), regulated industry, and the enforcement community to be trained and make any systems changes required by the new rules. Compliance with the new rules was required starting January 4, 2004.
Boat accidents are a leading cause of unnecessary deaths and therefore the number one source of personal injury. Many of the accidents occurred due to negligence on the part of one of the drivers involved. When a Boat accident is caused by another party’s negligence, people who are harmed often reach settlements with the liable party which provide compensation for medical expenses, pain and suffering as well as other damages. This requires the service of a Boat accident attorney. Locating the best Boat accident attorney is not that difficult a process under normal circumstances. However, finding one when you, or a loved one, have been seriously injured in a Boat accident can be significantly more troublesome. There are qualified Personal Injury Attorneys that specialize in personal injury cases. They have the expertise and skills necessary to obtain a fair financial compensation for the damage to property caused by the accident, along with all physical injuries that the accident victims have had to endure.
Any driver that was not at fault for an accident should expect to be fully compensated, for all of his or her medical bills. In addition to that, the victimized driver should receive recompense for all the repairs necessary to bring their damaged vehicle back to the condition it was in before the accident.
However, the process of doing that can be extremely lengthy, with moments of frustration and anxiety, especially when an insurance company refuses to pay medical bills or send the funds to have the Boat repaired. This is why it is necessary to hire a competent Boat Accident Lawyer. He or she will represent their clients to achieve the compensation that every victim of the accident is entitled to
Settling the Case
A Boat accident attorney in Philadelphia will build the case strong enough to take it to trial in a court of law. However, long before the trial is scheduled, each represented party (the attorneys) usually will meet with the opposing side to discuss settling the case out of court. Both sides typically calculate the amount of pain and suffering that has been endured by the victim along with the seriousness of the damage inflicted on the vehicle or other property.
If a settlement can be reached, then both sides will avoid an expensive and lengthy process of trying the case in open court. However, if the plaintiff is dissatisfied with the amount offered during the settlement, he or she can always instruct the Boat accident attorney to take the case to trial.
Before selecting the best Boat Accident Attorney in Philadelphia, it is important to consider the fee that will be extracted from the total amount awarded during the settlement phase, or after the case has been won in court. Typically, for a personal injury case, an attorney can charge anywhere between 25% and 40%, based on the specific circumstances of the case. While this number might appear to be high, research indicates that cases involving an attorney typically have much higher settlement amounts than those that are achieved without the skills of an attorney, or a law firm.
Any driver that has been in an accident where the other driver is at fault or he is at fault should seek out a competent and skilled Boat accident attorney. They will handle all the details, to represent him or her in the case.