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Wednesday, June 30, 2010
Tuesday, June 29, 2010
For Immediate Release
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES
Posted on AVVO Today
While Attorney fees are a consideration when filing Bankruptcy, Do not let them be the determinative factor.Usually when individuals or businesses are considering bankruptcy their personal finances are tight or they would not be considering filing bankruptcy. But in addition to Attorney fees you need to consider other variables such as the experience of the Attorney, how many bankruptcies has he filed? Does he have an adequate staff to assist him in preparation of your petition? Do you feel comfortable with your potential Attorney?
Bankruptcy is its own little niche in the legal profession; it has its own specific detailed requirements that must be met in order for the proceeding to be completed smoothly. Very specific documents have to be filed on a very specific and tight time frame. If your attorney is not used to the specific requirements your bankruptcy case might not go as smoothly as you want. So take the time to question your potential attorney on his or her experience, how many cases do they file a month? Do they file both chapter 7 and chapter 13s, and how many of each? Also trust your gut, if you are not comfortable with the consultation and you do not think the Attorney is knowledgeable enough do not retain him.
Chapter 7 Bankruptcy fees usually are charged at a flat rate between $1,500 and $2,000 based upon the experience of your attorney and the complexity of your case. Additionally you can expect to be charged the court filing fee of $299 plus credit counseling fees and credit reporting fees.
Chapter 13 Bankruptcy fees are different from district to district due to guidelines imposed by the Bankruptcy Court. Where I practice in the Central District we are limited to $4,000 for the attorney fees, plus the court filing fee of $274, credit counseling fees, and credit reporting fees. It is important to remember that in a chapter 13 bankruptcy your attorney will be representing you for between three and five years.
Chapter 11 and Chapter 12 Bankruptcies are usually charged at the Law Offices hourly rate. These are very complex matters and required an Attorney who specializes on these types of cases. You can expect to pay an initial retainer in the amount of $15,000 to $20,000 just to get your case started. Then based upon the complexity of your case your fees will be billed at the hourly rate of the Law Office.
Most Attorneys offer payment plans that can help ease the stress of coming up with the funds to retain an Attorney. But those that offer payment options usually require the total amount due to be paid in full before your case is filed. Make sure to talk to your prospective Attorney and read the contract so you completely understand what you are being charged.
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.freebankruptcyinformation.info
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.comSunday, June 27, 2010
Bankruptcy Attorney News- For Immediate Release
For Immediate Release
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES Personal and Business Chapter 7 Bankruptcy
Posted on AVVO Today
Chapter 7 bankruptcy is the most common type of bankruptcy. It is also known as "liquidation" in the Bankruptcy Code and is often referred to as "straight" bankruptcy.
Chapter 7 Bankruptcy
Filing Chapter 7 enables you to eliminate most, if not all, of your debts. You file under Chapter 7 if your debts are largely unsecured, such as loans, credit cards and judgments. The debts are discharged and they never need to be repaid. Imagine suffering terribly under the heavy burden of debt, month after month, and suddenly, all that suffering is gone and you are debt free! That is what debtors report experiencing when they file Chapter 7 bankruptcy.
The Petition
The process starts with the preparation and filing of documents called the bankruptcy "petition". After filing, a "trustee" is appointed to administer the bankrupt estate and to ensure the smooth and equitable application of the law. Approximately four weeks after the commencement of the chapter 7 bankruptcy case, the debtor appears for the meeting of the creditors. Any debts that are discharged are never ever repaid by the debtor or by anyone else. Legally, it is as if the debtor never owed the debt. You can file Chapter 7 bankruptcy no sooner than every eight years.
Automatic Stay
Bankruptcy law requires that the moment you file bankruptcy, there is an automatic stay that prohibits virtually all creditors from initiating or continuing any efforts, legal or otherwise, to collect debts you owe or to seize property of the bankrupt estate. This is known as the "Automatic Stay" and is one of the most powerful of all Federal laws. This means that the moment you file, evictions, repossessions and foreclosures must stop, at least for a while; you cannot be sued and existing lawsuits must come to a halt; creditors and collection companies cannot harass you or enforce money judgments against you. Even the government itself cannot come after you for civil debts that you owe, including income taxes.
Keeping Property
If you have secured debts such as a car payment or a mortgage, you can still file Chapter 7 and retain the property by continuing to make the payments as usual. You are under no obligation to surrender any secured property you want to retain. You are in control and it is up to you to decide what you want to keep and what you want to surrender. When you retain us for your bankruptcy, we will provide you access to more detailed information on this topic, including how you can keep assets you may not think are possible to keep.
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.comBankruptcy Attorney News- For Immediate Release
For Immediate Release
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES
Posted on AVVO Today
The legal answer is yes you can represent yourself in the Bankruptcy Court. I see people there on a weekly basis who have completed their own petition and are representing themself, both in front of the Bankruptcy Trustee, and the Bankruptcy Judges. I must say that while they are representing themselfs they are having varying degrees of success. It is not uncommon for either the trustee or the Bankruptcy Judge to advise them that they really should retain an Attorney.The problem is that the bankruptcy petition is very lengthy, and the means test can be reather complicated. The bankruptcy trustee along with the Bankruptcy Judge expect and require that every document be properly completed and submitted in a timely fashion. Failure to do it right endangers your case and can lead to dismissal. The judges are rather intollerant and do not like to grant continuances to correct the petition.
I guess the best advice I can give it to give you the same advice my wife gives me when I attempt to fix something around the house, she tells me to hire someone who knows what they are doing. While maybe I can muddle around and get something fixed, it will most likely cost me more time and money to do it myself then to have a professoinal do it right the first time.
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.comFriday, June 25, 2010
Bankruptcy Attorney News- For Immediate Release
For Immediate Release
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES
Posted on AVVO Today
The Automatic Stay is one of the funadametnal debtor protections provided by the bankruptcy laws. It goes into effect against virtually all creditor activity the moment the bankruptcy case is filed with the court. Usually people have been harrassed by creditors for an extended period of time and need some relief from that harrassment.A creditor with a claim that arose before commencement of the bankruptcy filing must stop all collections efforts. The stay puts a stop to all collections actions including credit card debts, lawsuits, foreclosure actions, repossession attempts, judgments, and wage garnishments. The automatic stay puts a temporary stop to any phone calls or letters from any of the above listed collectors.
The protection is automatic in most cases, no hearing is held, no judge's signature is required. It is simply invoked by the filing of the bankruptcy and the assignment of a case number. All creditors are immediatly bound by the stay and they will go through great lengths to avoid violating it, as willful violation can result in severe penaltys against the creditor. The stay usually remains in place until the conclusion, dismissal, or discharge of the bankruptcy unless the creditor brings a motion for relief from the stay.
The stay is temporary and does terminate automatically upon the occurence of specified events, ie a hearing for relief, or dismissal or discharge of the bankruptcy case. If a secured creditor wants to move forward with their collection actions prior to the end of your bankruptcy they will need to file a motion with the bankruptcy court. The creditor will file what is called a motion from relief from the automatic stay. This motion details the reasons they feel that they should be able to move forward with collection actions against you. Usually the motion is based upon the creditors argument that their collateral is losing value and if they do not move forward they will suffer additional losses. A secured creditor will most likely seek relief from the stay if the property with significant value is subject to unacceptable risk, is rapidly depreciating in value, or when one is significantly behind on their mortgage.
One exception to the automatic stay is if multiple cases have been filed by the same debtor. An example would be that someone files a case that gets dismissed and then immediatly files another case. The stay is still automatic for the second filing but if a third filing is required then the stay is not automatic. In this case a motion would need to be brought before the bankruptcy judge to obtain stay protection.
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
Monday, June 21, 2010
Bankruptcy Attorney News- For Immediate Release
For Immediate Release
Can I File Bankruptcy on my Own without an Attorney?
The legal answer is yes you can represent yourself in the Bankruptcy Court. I see people there on a weekly basis who have completed their own petition and are representing themself, both in front of the Bankruptcy Trustee, and the Bankruptcy Judges. I must say that while they are representing themselfs they are having varying degrees of success. It is not uncommon for either the trustee or the Bankruptcy Judge to advise them that they really should retain an Attorney.
The problem is that the bankruptcy petition is very lengthy, and the means test can be reather complicated. The bankruptcy trustee along with the Bankruptcy Judge expect and require that every document be properly completed and submitted in a timely fashion. Failure to do it right endangers your case and can lead to dismissal. The judges are rather intollerant and do not like to grant continuances to correct the petition.
I guess the best advice I can give it to give you the same advice my wife gives me when I attempt to fix something around the house, she tells me to hire someone who knows what they are doing. While maybe I can muddle around and get something fixed, it will most likely cost me more time and money to do it myself then to have a professional do it right the first time.
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYSThe Law Offices of Cortright, Valentine & Associates is a general practice law firm conveniently located in Riverside County with offices in Menifee and Palm Springs. They are your local Bankruptcy Lawyers, providing one-on-one personal assistance with all of your legal needs. They are not a referral service or a distant law firm; located right in your neighborhood, they are real people who both live and work in Riverside County. Here’s what you can count on with the Law Offices of Cortright, Valentine & Associates as your Banruptcy Attorney, they take the worry and fear out of filing because they are with you through every step of the process. You can be confident they will do whatever is needed to make your bankruptcy successful.
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505.
“We look forward to meeting with you!”
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
Bankruptcy Attorney News- For Immediate Release
For Immediate Release
How much can one expect to pay to file a bankruptcy with an attorney?
Chapter 7 Bankruptcy Costs
Prices vary by State and even districts within a State, in the Central District of California the Attorney Fees range from around $1500 to $2000, depending on the attorneys experience and the complexity of your case.
Chapter 13 Bankruptcy Costs
A Chapter 13 Bankruptcy is significantly more complicated then a Chapter 7 Bankruptcy, in fact many attorneys do not even do Chapter 13s. In the Central District of California the maximum an attorney can charge is $4,000 for the attorney fees, this is a limit placed upon attorneys by the court. In a Chapter 13 usually an attorney will allow you to make a down payment and put the remainder of the fees into the court repayment plan. It is important to remember that the costs are higher since the attorney will be representing you on your case for up to five years.
Additional Fees
Chapter 7 Court Filing Fee $299 Chapter 13 Court Filing Fee $274 Credit Counseling Fee $40 a class, two required Other miscellaneous fees are charged and will be detailed in your retainer agreement with your attorney.
The Law Offices of Cortright, Valentine & Associates is a general practice law firm conveniently located in Riverside County with offices in Menifee and Palm Springs. They are your local Bankruptcy Lawyers, providing one-on-one personal assistance with all of your legal needs. They are not a referral service or a distant law firm; located right in your neighborhood, they are real people who both live and work in Riverside County. Here’s what you can count on with the Law Offices of Cortright, Valentine & Associates as your Banruptcy Attorney, they take the worry and fear out of filing because they are with you through every step of the process. You can be confident they will do whatever is needed to make your bankruptcy successful.
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505.
“We look forward to meeting with you!”
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
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