Chapter 13 Bankruptcy
Chapter 13 Bankruptcy Lawyer
Free Consultations – Available 24/7 – Experienced – Aggressive

Chapter 13 bankruptcy is sometimes known as a personal reorganization. Chapter 13 bankruptcy allows you to reorganize your debt into manageable payments over a three to five year period.

Individual debtors call upon our Law Firm to assist them with debt consolidation and bankruptcy protection. The bankruptcy laws, including Chapter 13 bankruptcy, can be used to:

Stop foreclosures
Stop repossessions
Stop harassing phone calls from creditors

For a free confidential consultation to discuss your situation with an experienced Chapter 13 bankruptcy lawyer, please call our office toll-free.

Why Should You Choose Us to Represent You in a Chapter 13 Bankruptcy?
We have over 15 years of experience handling bankruptcy and consumer matters. When you retain our services, you get an attorney who is dedicated to helping you. Chapter 13 bankruptcy isn’t right for everyone. If we think you have better options or different options, we will let you know.

We believe you retain our services to provide you with the information you need to make an informed decision, and with the representation, you need to carry out that decision.

When you retain us, you get the services of one of our attorneys from start to finish. We don’t talk with you and then pass you off to a paralegal or junior attorney. You will maintain your lawyer throughout the case.

Whether it is a Chapter 13 bankruptcy, a Chapter 7 bankruptcy, or a solution outside of bankruptcy, you will have an experienced and skilled bankruptcy attorney, by your side fighting to protect your rights.

For a free and confidential consultation to discuss whether a Chapter 13 bankruptcy is right for you, please call us toll-free. You are also welcome to fill out our intake form and we will contact you promptly.

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Chapter 7 Bankruptcy
Chapter 7 Bankruptcy Attorney
Free Consultations – Available 24/7 – Experienced – Aggressive

We believe everyone deserves a second chance. As a Chapter 7 bankruptcy law firm, we assist consumers seeking a fresh start.

Bankruptcy no longer carries the stigma once attached. Everyone realizes that, unfortunately, situations happen and debt accrues. Whether you lost your job or otherwise had your income cut or you incurred unforeseen medical expenses or even if it is the rising cost of fuel and energy or the easy lure of credit card debt, we can help.

For a free confidential consultation to discuss your situation with an experienced Chapter 7 bankruptcy lawyer, please call our office toll-free.

What Is a Chapter 7 Bankruptcy?
A Chapter 7 bankruptcy is sometimes referred to as straight bankruptcy. Although the criteria to determine eligibility to file a Chapter 7 bankruptcy has changed, if you qualify for a Chapter 7 bankruptcy, you can eliminate all your unsecured personal debt, such as most medical bills and credit card debt, and gain a new start.

Recent changes in the bankruptcy laws made it more difficult to file a Chapter 7 bankruptcy and push many debtors toward a Chapter 13 bankruptcy. Nevertheless, there are still many people who qualify for Chapter 7. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy can help stop foreclosures.

We have helped hundreds of individuals just like you over the last 15 years and we want to help you. The bankruptcy laws are complex, and to take full advantage of the debt relief laws, you should retain the services of experienced counsel.

For a free confidential consultation to discuss your bankruptcy options with an experienced debt relief lawyer, please call us toll-free. You are also welcome to fill out our intake form and we will contact you promptly.

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Foreclosure Rights
Foreclosure Rights Lawyer
Free Consultations – Available 24/7 – Experienced – Aggressive

Floating interest rates? Higher energy costs? Income down and expenses up?

If your house is in danger of being foreclosed upon or if you have received a foreclosure notice, we may be able to help.

Our Law Firm has been practicing law for over 15 years. We understand how important your home is to you. More importantly, we understand the law, and we can help you determine if the law can save your house.

For a free confidential consultation to discuss your foreclosure rights with an experienced lawyer, please call our law office toll-free.

You May Have Options!
When you retain our services, we go to bat for you. We will listen carefully to your situation, analyze your predicament and your goals, and present you with your options, including the benefits and limitations of various courses of action.

You will have the information about the debtor’s rights that you need to make an informed decision. In addition, we provide you with well-grounded advice, based upon years of experience and accumulated knowledge. Chapter 7 bankruptcy or Chapter 13 bankruptcy may be one option, but we explore other options as well.

For a free confidential consultation to discuss your foreclosure rights and your options for preventing foreclosure, please call our experienced lawyers toll-free. You are also welcome to fill out our intake form and we will contact you promptly.

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How Do I Go About Filing for Bankruptcy?

If you know at this point that you want to file we have an easy way to start and complete your paperwork. We understand that most people are busy and do not want to lose a day of work to come to a lawyer’s office. Therefore we have made it easy to complete most of your paperwork over the phone, through the mail, and on the web.

If you have questions about how to complete the forms, contact our office and we will assist you. If you need to consult further before deciding what to do, contact our office to set up an appointment. In listing assets, you must list all forms of personal property that you own. Go through your home room by room and list summarize the furnishings. Remember your furnishings are used and should be valued as if they were being disposed by the Trustee. A good rule of thumb is the price a reasonable person would pay at a garage sale. Since 10/17/05 under the new code, it may be necessary for an appraiser to go through your home to make this valuation, or you may take photographs of each room and review this with your attorney in making sure the petition schedules accurately reflect the value of your personal property.

After you have returned the completed forms and paid the retainer, we will prepare the documents to be filed with the bankruptcy court. We often find it necessary to contact clients to clarify the information provided. Be sure to give us telephone numbers where we can reach you. After the documents are prepared an appointment will be made for you to review and sign the documents prior to filing them.

Please note: You may file bankruptcy yourself without an attorney, you may obtain forms (Petition, Schedules A-J, Statement of Financial Affairs, Means Test, etc.) from your local bankruptcy court website.

To discuss your bankruptcy situation with an experienced lawyer, please schedule a free confidential consultation by calling us toll-free. You are also welcome to fill out our Bankruptcy Intake Form and we will contact you promptly.

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If You Choose Bankruptcy Protection
We want to be your attorney to guide you through the bankruptcy courts by:

Reviewing of documents necessary to file Bankruptcy Petition and Schedules
Preparing your Bankruptcy Petition, Schedules, and Plan, which generally exceed 25 pages
Attending the 341 Meeting of Creditors
Attending the hearing for Confirmation of the Plan, in the case of a Chapter 13
Preparing responses to Motions for Relief filed by Creditors, who want to deny you your rights
Attending Motion for Relief hearings and any motions and hearings that relate to the above.

The Attorneys identified herein are debt relief agencies. They help people file for bankruptcy relief under the Bankruptcy Code.

Most debtors who file bankruptcy, and many of their creditors, know very little about the bankruptcy process. The following is designed to assist the general public by providing basic answers to some of the most commonly asked questions. The purpose of this overview is to answer the questions about bankruptcy asked most frequently by our clients and to provide an overview of the bankruptcy process. The information contained herein should help you decide whether to file bankruptcy or not. If you do file bankruptcy, this overview should help you understand the process.

How to File Bankruptcy

Notice: Because of the Provisions of 11 USC Sec. 528. of the Bankruptcy Code, if you seek legal advice from a law firm, which constitutes bankruptcy assistance, you as an “assisted person” are required to enter into an agreement within five business days of receiving assistance, with any law firm that is deemed a debt relief agency, and such agreement must clearly and conspicuously disclose the services said firm will render as a debt relief agency and the fees or charges for such services, and the terms of payment; and furthermore provide you with a copy of the fully executed and completed contract.

To discuss your bankruptcy situation with an experienced lawyer, please schedule a free confidential consultation by calling us toll-free. You are also welcome to fill out our Bankruptcy Intake Form and we will contact you promptly.

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Determining Why You May Need A Lawyer

Many times, the thought of hiring a lawyer can leave you confused and a bit frustrated. No matter if you have found yourself on the wrong side of the law, or if you are purchasing a piece of property, it’s helpful to know when you may need a lawyer. It’s also helpful to understand how you go about hiring a lawyer. This article will give you a brief overview of how to determine if your current situation may require some legal intervention.

What a Lawyer Does

While this may seem like common knowledge, many people are not really sure what a lawyer can do and how they can help them with their situation. More on this website

A lawyer will assess your legal situation and advise you as to what they believe the outcome will be. An honest lawyer should tell you whether it’s worth your while to even seek legal intervention or pursue legal action. The lawyer will give you a scenario of what will happen if you are not successful in your legal quest, and help you determine any benefits of your legal situation versus the cost of seeking out legal services. When you sit down with a lawyer to review your situation, they should evaluate all aspects of your legal situation and explain all of your options. This should also happen throughout your entire legal process, should you decide to retain a lawyer.

A lawyer will work hard to research the law, interview anyone who is involved in your situation, and retain experts to back up any claims you may be asserting. They will collect records, formulate a legal strategy, and prepare and file all necessary paperwork. Their end goal is to get you the best outcome possible, no matter what your legal situation is.

Reasons to Retain a Lawyer

While there are really a number of different reasons for you to hire a lawyer, some of the most common reasons include:

An accident that involves property damage or personal injury
Family issues such as child support, custody, and divorce
Adoptions
A real estate transaction
Forming a business
Drafting a will or planning your estate
Criminal issues
Civil lawsuits
Contract negotiations or disputes
If you find that you are trying to handle a legal issue on your own, you will soon come to find out that the issue may be more complex than you first thought. Just sitting down and talking with a lawyer like the ones from our Law Office can give you a better idea of how to proceed.

Concerns About Mortgage Foreclosure
Your Concerns Are Important To Us! Your Concerns Are Important To Us!

Are you upset that your mortgage company treats you like a number, not a name? Are you tired of pressing buttons on your telephone trying desperately to work things out only to be ignored or even disconnected?

Does your lender treat you like a deadbeat, and fail to realize that good people get hurt, get laid off, have their hours cut, lose pay because they need to care for their spouse, children or parents, or other reasons? Anyone can have a financial setback. The truth is that sometimes good folks get into financial problems due to circumstances beyond their control. Foreclosures happen to people from all walks of life. It’s certainly not a sign of failure. It’s a sign of the economic times in which we are living.

Even though your lender doesn’t produce the mortgage note you signed promising to pay for your home, are they still attempting to foreclose on you?
Did your lender increase your payment and not explain why? Did they then keep on telling you to make your payments to some new company until you were confused as to whom you owed or how much you owed?
Are you in need of just a little bit more time to stop the foreclosure of your home?
Do you need a lawyer dedicated to helping get the pressure off your back by working to get you the time you deserve under the law, to straighten your finances out?
Are you aware that you may be evicted in as little as 60 days unless you properly and timely answer the foreclosure complaint against you?

A Word of Caution!

Over the past 15 years, I have seen many homes lost because homeowners placed their faith in “loan work out consultants’, “so-called paralegals”, “real estate investor groups”, and other scam artists.

Should these characters actually attempt any efforts whatsoever at helping a distressed homeowner, many charge substantial fees which they routinely conceal from their “clients”. Most often their efforts don’t even work. To put it bluntly, most of these types of outfits are simply in the business of selling hope, not results. Thus, the distressed homeowner wishing to fight to prevent the foreclosure sale, must still usually ultimately retain a foreclosure defense or bankruptcy attorney if he or she wishes to fight to prevent or delay a foreclosure sale. Oftentimes, by this point, many of the homeowner’s valuable rights and opportunities have been already been squandered.

The attorneys at our Law Firm will take the time to give you a Free Consultation on the Phone or in our office. For goodness sake call me! It is a Free Consultation. Don’t fall prey to one of these unregulated scammers.

ALSO, do not fall for this old standard line from the lender…….

While negotiating a forbearance or “loss mitigation plan” many lenders will continue with the foreclosure action. At the same time, because the homeowner anticipated a workout plan, or had false hope that the lenders actually cared about them and will work with them in good faith, the homeowners do nothing except losing valuable rights and workable legal opportunities to save their property.

The end result of this mortgage company/lender’s game is that many homeowners lose their homes when they fail to defend against the foreclosure action.

Do You Want a Law Firm Committed to Helping You Take the Pressure off of Your Shoulders? We help by modifying the terms and/or conditions of your existing mortgage, assisting you with reinstating your mortgage, giving you the last chance to sell or refinance your home, or even allowing you to stay in your home as long as possible while exhausting all your legal defenses and bringing to the courts’ attention any defects in the foreclosure papers.

Do You Want to Talk to an Attorney Who Will Take the Time to Give You a Free Consultation on the Phone or in Their Office? Contact us today or get started immediately with our Online Bankruptcy Intake Form.

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How Can I Fight A Foreclosure?

Your lender’s attorney will file a default against you if you do nothing. Then they will proceed to sell YOUR home at a public auction via a court order. Even should you have equity, once this happens, generally no money from this type of sale will be paid to you. Furthermore, your credit will be damaged for years.

Most often, a foreclosure can and should be defended. Many lawyers and the public don’t realize this. Defending a Foreclosure does not usually mean that the homeowner will not have to ultimately pay payments that are actually delinquent. However, when the homeowner’s equity in their home is protected by such defense and they are not subjected to a shortcut foreclosure, a far better chance for the homeowner to economically survive exists.

When a borrower could not pay their lender their monthly payments on time something happens. The borrower defaults on the mortgage and note. (Please do not confuse this with a 20-day default issued if you fail to respond to a foreclosure lawsuit). However, that does not mean the borrower must leave the property immediately as is the case when they cannot pay your landlord their rent.

Instead, a mortgage’s continuing default only gives the lender a right to move toward seeking the judicial sale of the borrower’s residence. This is done by the lender bringing, under Statutes, a foreclosure action.

In the vast majority of instances, and in my experience, the borrower is in the wrong. However, this is not because they arbitrarily wanted to stop paying on the mortgage. Instead, it is simply because life’s events have caused their financial inability to pay on their mortgage.
Although the borrower has technically defaulted and may be in the “wrong” that does not mean the homeowner should just roll over and abandon their home. Nor does this mean that they should just stay there and wait for the inevitable!

As explained, though a mortgage foreclosure defense will not typically avoid a borrower’s responsibility to repay their past-due mortgage payments, in most instances by a borrower asserting his or her rights and forcing their lender to prove their case, the result is that property owner stays in their home for an extended period of time.

It is important to remember that, as a result of an attorney representing you, if the attorney representing the mortgage holder ultimately obtains a judgment in favor of the mortgage holder, or if the homeowner subsequently reinstates or payoffs the mortgage or files a chapter 13 bankruptcy, that their attorney will then be able to bill the mortgage holder additional fees and costs which you as a homeowner will possibly be responsible for paying. Thus, you must determine if you are better off paying these fees if it allows you to keep your home or walk away with most of the equity you have in your home. I can help with this determination.

If you have been served with a foreclosure, contact the firm today for a free consultation with no obligation. You may also complete our Online Bankruptcy Intake Form.

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Options If You Have Equity In Your Home

Refinance the house. The rationale for this is to then use the money from the refinancing to pay off the balance to the lender to whom you are in default. However, this option as one can logically conclude may result in a higher future monthly mortgage payment.
Sell the house. It is better to sell it yourself than to have the bank sell it.
You can transfer your home to some nice person saying he is out to help you by placing your home in a family trust and he is the trustee. THIS IS GENERALLY DANGEROUS. YOU WILL IN ALL LIKELIHOOD GET LITTLE OR NO MONEY FOR YOUR EQUITY. Should someone approach you to do this, or someone offers to buy your house and pay you more money at a later date, or purchase your house with $500-$5000 to you, please do not sign papers until talking to an attorney.
If you need time to sell your home with a broker or need time to find a new job to qualify for a chapter 13 bankruptcy, you can fight the foreclosure procedurally with a foreclosure defense attorney and by pointing out all potential technical errors to the court. Remember, though it is wrong to file false pleading raising issues that cannot be proven just to delay the proceeding, there is nothing wrong with insisting on due process of law. This will force the lender’s attorney to correct the errors, giving you much-needed breathing room.
If you qualify for a chapter 13 bankruptcy you can force a repayment plan to your lender with payments over 5 years to bring your home mortgage current.

If you have been served with a foreclosure, IMMEDIATELY contact our Law Firm for a free consultation with no obligation. Or if you prefer please complete the following Bankruptcy Intake Form and an attorney will contact you.

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Options When Facing Mortgage Foreclosure

Below, I will discuss 3 possible options you may take if you have been served a foreclosure lawsuit. I would love the opportunity to discuss these in further detail with you. We are available until 8 PM every day but Sunday. We provide a toll-free number for clients calling from outside the local calling area. Finally, you can CONTACT US via email and we will then promptly contact you.

Option One: Foreclosure Defense

This strategy includes attacking any and all potential legal and procedural defects in the foreclosure suit against you. You have the right to force the mortgage company’s lawyers to correct their paperwork. In most cases, this paperwork often fails to technically meet the statutory, contractual, or procedural requirements of the law. This typically allows you extra time to:

Accumulate money to reinstate your mortgage
Improve your finances so that you qualify to reorganize your debts via Chapter 13 bankruptcy
Hire a realtor who can market your home to allow you to sell and recover much of the equity to allow you to get your life back together or complete a short-sale
Save up more money required to relocate

Option Two: Chapter 13 Bankruptcy

This may be an appropriate choice if you presently have adequate income to resume making the normal monthly payments to your lender PLUS pay the back payments and other associated late fees over a 5 year period. Another advantage with Chapter 13 is that if you also have unsecured debts (credit cards, medical bills, etc.), often a substantial portion of these debts may be discharged (avoided) in a bankruptcy plan. This is the case unless your disposable income is sufficient to allow you to repay the unsecured debts in full.

Option Three: Chapter 7 Bankruptcy

This may be an appropriate choice if you have a high amount of unsecured debt (credit cards, medical bills, etc.) or you have potential liability exposure for deficiency judgments related to owning multiple investment properties which are going into foreclosure.

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When I Get Served With a Foreclosure, What Do I Need to Do?

Be Prepared
Now you are in foreclosure; it is part of the public records. Thus, every scam artist in the world is going to be sending you information on how they can immediately, with little or no cost, work with your lender to fix everything. Do not fall for this. At this point, you are on the clock!

Read The Summons
The summons will generally say you only have 20 days to respond to the complaint. If you fail to do anything the foreclosure attorney representing your mortgage holder will file a motion for default after 20 days.

What Does “Default” Mean?
A default prevents you from hiring a Foreclosure Defense attorney who may be able to raise defenses that are available to you. This is very dangerous. Once a default is entered, your rights are terminated unless you can prove “excusable neglect” coupled with a “meritorious defense”. In simple terms what this means is that it is extremely difficult to set aside a default.

20 Day Period
If the 20 day period is almost up and you have not seen a foreclosure defense attorney, you should promptly present a correspondence to the court clerk. It should reference the case information on the summons, and ask for more time to hire an attorney. Additionally, you must mail a copy to the mortgage holder’s lawyer. By filing (mailing it to the court) this letter they cannot get a default against you without a court hearing. You must receive additional notice of such hearing.

In the majority of cases, a foreclosure defense will not avoid your liability to repay the note. However by asserting your rights and forcing your lender to prove their case, generally results in property owners staying in their homes for an extended period of time.

If you have been served with a foreclosure, IMMEDIATELY Contact our Law Firm for a free consultation with no obligation. Or if you prefer please complete the following Bankruptcy Intake Form and an attorney will contact you.

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Why Fight Foreclosure When You Have Little Or No Equity?

Why Fight Foreclosure When I Have Little Or No Equity In The Property?
You need to determine if the costs involved in defending a foreclosure is cheaper than the cost of renting a place to live. Many clients retain our Law Group to defend against foreclosure. What this does is it forces the lender to prove their case. Though, defenses without merit can not be asserted, never forget, your lender must first prove conclusively that you defaulted on your mortgage. Why concede this? Make them prove their case. By doing this you may be able to stay in your home for 5-6 months. Other options might open up during this time frame.

A well presented mortgage foreclosure defense will not typically avoid a borrower’s responsibility to repay their past due mortgage payments. However, in most instances, by a borrower asserting his or her rights and forcing their lender to prove their case, the result is that property owner stays in their home for an extended period of time.

Are You Sure You Have No Equity?

Sometimes this determination is easy. But, do not assume you can always figure this out yourself. Unless it is obvious, seek the opinion of a real estate property professional. Find such a person who not only works at real estate full-time, but also someone who knows your neighborhood. Consult with them to discuss what your house is actually worth. As a general rule of thumb, if this figure is more than 10% greater than what you owe on all outstanding mortgage balances, there is a good chance you might have some equity.

If this is the case, you need to develop a plan on how to protect the equity, or your right to keep your home. If you simply fell a few months behind due to a job layoff, and are you are now again working you might be able to convince your lender to work with you.

However, please be careful! Once you are served with foreclosure papers, just because the lender is talking to you does not mean the foreclosure case is not moving forward. Working with the lender’s loss mitigation department does not change things as far as the court is concerned. Often lender’s loan mitigation representatives are just passing time. They’re real goal is not trying to make a deal in your best interest. Often, they are just leading you on. They do this so that you do not get an attorney to defend the foreclosure. It makes their job easier. The next thing you know; you get summary judgment hearing notice on the foreclosure. At this point, typically, you are procedurally in deep trouble in the foreclosure. Typically, at this point the lender’s attorney has obtained from the court a default judgment against you for not properly answering the foreclosure complaint.

Should a default be entered against you, provided you file bankruptcy before the hearing you can likely stop the Circuit Court Judge from entering a judgment. Our Law Group also provides bankruptcy information and services. During bankruptcy you often have the option of selling your home, paying off the mortgage and walking away with Your equity.

If you have been served with a foreclosure, contact our Law Firm for a free consultation with no obligation. Or to get started immediately, complete our Bankruptcy Intake Form.

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Mortgage Foreclosure FAQ

Bankruptcy Attorney − Frequently Asked Questions
(Q) What do I do? I have just been served with a Summons and Foreclosure Complaint.

Respond in Writing and/or Serve and file an Answer and Affirmative Defenses within 20 days of service.

(Q) What will happen if I do not do anything, but ignore it?

A Default and Default Judgment will be entered, and the Clerk of the Court will auction your property, usually within 25 to 30 days from entry of a Default Judgment.

(Q) Do I have to get out of the property 20 days after the summons is received?

No. However, once the property is auctioned by the Court Clerk you will be facing being removed from the property unless you vacate the property.

(Q) How much time do I have to get out once a foreclosure sale takes place?

As little as 12 days.

(Q) What will happen if I do not get out?

The Sheriff’s office will physically evict you and remove you and your personal property from the foreclosed property.

(Q) What can I do?

Hire an experienced and knowledgeable lawyer. Do not delay valuable rights and options may be lost.

(Q) What will the lawyer do?

File an answer containing Affirmative Defenses, if any.

(Q) In the Answer, is a denial of the Lender’s Complaint all that I need to do?

Most often not. Your attorney must state all Affirmative Defenses. Failure to properly assert these defenses may result in there being waived..

(Q) What are these Affirmative Defenses?

They are special defenses which must be specifically alleged. These typically include things such as truth-in-lending violations, usury, fraud and other specific types of improper conduct by the lender, which may defeat or partially defeat the lender’s claims presented.

(Q) Why are Affirmative Defenses different than just an Answer with Denials?

The Plaintiff has a much more difficult burden to obtain a “quick” or Summary Judgment of Foreclosure. When moving (asking) for Summary Judgment in cases where there are Affirmative Defenses, a Plaintiff (Lender) must do more than merely establish the case made by its complaint, it must also show the insufficiency, inapplicability or falsity of all the Affirmative Defenses so interposed.

(Q) How can an attorney just delay the case without any real justification?

An attorney can’t delay solely for that purpose. However, in the full exercise of your legal rights, delays may result as a by-product of a proper defense. Usually these delays are caused by the Plaintiff not properly and promptly responding to your attorney’s lawful demands.

(Q) Does a lawyer he automatically get more time to file an Answer and Affirmative Defenses?

No, the 20 days continues to run. If a Default is issues against you, it will result, at a minimum, substantial difficulties in getting the Default set aside. Also it will limit your attorney’s defensive arsenal otherwise available for him to use on your behalf.

(Q) What price will the property bring if it is sold at auction by the Court Clerk?

Typically it will sell for far less than its Fair Market Value. In most cases foreclosure sales are for the total amount of the mortgage, or even less.

(Q) Will I get any of the sales proceeds from the foreclosure auction?

Only if the property is sold for more that what is owed in total to the Plaintiff and all other mortgages and liens on the property.

(Q) Would this mean I would lose any equity I have in the property?

Yes.

(Q) If the property is sold for less than the total owed, can the lender collect the difference?

Yes, but only if the Lender also obtains a Deficiency Judgment.

Q. Can I sell the property and get my money out?

Yes, you can sell or refinance so long as the Plaintiff is paid in full, prior to the foreclosure sale date.

Q. Do I have the right to bring the mortgage current?

Not unless your mortgage or mortgage note specifically gives you this right. However, many mortgage lenders often voluntarily consent to reinstatement.

Q. What about Chapter 13 Bankruptcy?

A Chapter 13 Bankruptcy may allow you to make up the arrearages and reinstate your mortgage, over a period of time, usually 60 months. It means you make a regular payment and part payment each month until you are back current.

Q. What about a Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy may allow you to keep all of your exempt assets have the Bankruptcy Trustee sell the rest and apply proceeds to pay and satisfy all of your dischargeable debts. Also, Bankruptcy may be a legal and legitimate way to delay foreclosure, to protect your equity in the property.

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Road Rage Rampage Directed at Bicyclists? Driver Hits Several Bicycle Riders

I often end up reporting in this column about bicycle accidents, but what I am writing about today was no bicycle accident! This was an attack on bicycle riders! As an avid bicyclist myself and a bike injury lawyer, I am outraged by the story that developed late Wednesday night. Three cyclists were apparently targeted by a driver in some sort of road rage episode. According to witnesses, the driver intentionally hit four bicyclists as they rode on the public street.

Three bicyclists suffered serious personal injuries including broken bones, lacerations, and internal injuries after a driver went on a road rage rampage in the city in four separate incidents. Only one received treatment at the scene; the others remain hospitalized, one in critical condition.

In the forefront of our thoughts are the rapid and complete recovery of these innocent bicyclists, but I also want to note if you are a bicyclist or a pedestrian hit by a car, even if it is a hit-and-run driver as in this case, please see a personal injury lawyer. There could be a liability on the part of the driver, or there could be other ways to recover, such as your own uninsured motorists’ insurance coverage.

If you are covered by an automobile insurance policy, on your own car, or on a car in your household, you might also then be covered for hit and run under the uninsured motorist provisions in the policy. Car insurance covers bicycle accident injuries and pedestrian accident injuries. If a car hits you while crossing the street or even in an unlikely location such as your own home, you could be covered for medical payment coverage and uninsured motorist coverage, and underinsured motorist coverage. Call a bicycle accident attorney or pedestrian accident lawyer right away to make sure that you are compensated for your losses. And, if the accident is not your fault, your insurance rates should not go up.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided here. Get a consultation. The best law firms will provide a free confidential consultation to “not at fault” persons like those named in this article and their family members.

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Motorcycle Accidents

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Dangerous Products

Unsafe Products Can Result in Serious Injury or Death
We live in a complex and technical world in which we expect the products we purchase and use to be designed and manufactured in such a manner that they are safe for our use. We also expect that the sellers and manufacturers of products will give us reasonable warnings of the dangerous propensities of their products.

Unfortunately, not all designers, manufacturers, and sellers of products live up to these expectations and the requirements of our laws with regard to their products. We are a highly specialized law firm dedicated to the representation of survivors who are seriously injured or killed as the result of defective or incorrectly designed or manufactured products. Our lawyers help clients who have been injured as a result of unsafe or defective products. We handle a wide variety of product liability cases that involve serious injuries or wrongful death. We handle claims against the manufacturers of all types of defective medical devices; defective drugs; and any other dangerous or defective product that caused a serious injury.

We Sue the Makers of Dangerous Prescription Drugs
Unfortunately, it seems that pharmaceutical companies place more value on profits than on public welfare. Claims against the manufacturers and sellers of defective drugs are becoming more and more common. Some of the prescription drug litigation with which we have dealt with are Zyprexa, Baycol, Ephedra, Propulsid, PPA, Meridia, Rezulin, and Phen-Fen.

When Medical Devices are Defective, You Need Protection
Defective medical devices have also provided the basis for serious claims, and we handle claims against the manufacturers of all types of defective medical devices as well. Some of the claims we pursue relate to devices such as silicone breast implants, contraceptive devices such as IUDs, Shiley heart valves, hip prostheses, and knee replacements.

If A Defective Product Has Affected You, Call Us
Our mission in pursuing product liability cases is to obtain just compensation for our injured clients and to create an economic incentive for those in the stream of commerce to produce safe products and provide sufficient warning of the dangers of their products, ultimately resulting in the saving of lives. Cases involving defective products are usually complex, involving significant time and expense. It is important to discuss your claim with an experienced attorney, so you can decide the best way to proceed.

When an injury or wrongful death results from a defect in a product’s design, manufacturing process, or warning label, we can help you decide whether or not you have a claim. If you or someone you know has been injured or has died as the result of a defective product, please call us toll-free.

About Defective Products
The three basic ways a product may be defective are by design, manufacture, or failure to warn of dangerous propensities of the product. In some situations, manufacturers may be liable for punitive damages.

Companies responsible for the manufacture and sale of a product must take reasonable measures to ensure the safety of their product. The design must be tested, the manufacturing process must be reasonable and the accompanying instructions or labeling must clearly warn about any dangers. A product liability claim can often be brought against the manufacturer, supplier, or distributor of a defective product when it has failed in its responsibilities and has created a dangerous product, created a flawed product, failed to inspect a product, failed to properly test a product or failed to discover or warn of a danger associated with a product.

If you or someone you know has been injured or has died as the result of a defective product, please call us toll-free for a free consultation.

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Pedestrian Accidents

Victims of pedestrian accidents – or their family members – are encouraged to contact the pedestrian accident lawyers of our Law Firm to schedule a consultation at the earliest opportunity. Whether you were a pedestrian hit and run victim, were injured by a vehicle that ran a red light, or were hit in a crosswalk we are well qualified to ensure that you receive proper compensation from all available sources.

Causes and circumstances of pedestrian accidents include the following:

Pedestrians who have been hit by cars, trucks, or motorcycles in crosswalks while crossing the street or a parking lot
Pedestrian inattention, or crossing outside the crosswalk
Hit and run of jaywalking pedestrians
Accidents caused by speeding taxi cabs
Injuries to children who have been run over or struck by cars due to driver inattention, including accidents occurring in parking lots
Speeding cars that failed to stop or yield at dangerous intersections
Traffic lights that are too short to allow for elderly people to cross completely on a green light
Defective roadways or dangerous construction sites

Preserving Evidence After a Pedestrian Accident
Proof of your injury following a pedestrian accident is not enough to recover the compensation to which you are entitled. You will also need evidence showing how, why, and when you were injured. This evidence is best if collected immediately following the accident, and it can be obtained by interviewing witnesses to the accident, photographing and documenting your injuries, and creating a record of the accident scene.

All too often, a pedestrian accident becomes a fatality. The pedestrian accident lawyers at our Law Firm pursue wrongful death claims on behalf of surviving family members. When a hit and run or intersection car/pedestrian accident is not a fatality, a pedestrian accident often causes severe or catastrophic injuries, such as the following:

fractured bones
head injury
brain injury
paralysis
spinal cord damage
injuries to children

The experience and dedication of our pedestrian accident lawyers await your call or email to explain how we can help after your accident.

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Tourist Accidents

The Texas coast, theme parks, and natural beauty make it a vacation destination for people all over the world.

Tourists come here from all over the world, and when one of them is injured in an accident, this melting pot of people results in a diverse and somewhat confusing situation where people may be governed by different laws, have different insurance companies and types of policies and may have an altogether different system of justice.

At our Law Group, we help tourists who are injured in accidents. We are sensitive to the needs of visitors to the area who are injured. We understand that there may be language barriers, time constraints, and other pressures on you to recover from your injuries and return home. If you are injured in an accident, we will take the time to explain the law and the legal process to you. Our goal is to educate you and represent you, utilizing our skills, knowledge, and experience to get you the most compensation possible.

For a free confidential consultation to discuss your accident claim with an experienced personal injury lawyer, please call our office.

Types of Accidents We Handle
We handle a wide range of claims in Florida involving tourists and visitors including the following:

Auto accidents/other motor vehicle accidents
Premises liability/slip and fall
Hotel accidents
Resort accidents
Jet Ski accidents
Parasailing accidents
Boating accidents
Motorcycle accidents
Construction accidents
Pool accidents
Dog bites
Truck accidents

If you are visiting and injured in an accident, please schedule a free confidential consultation to discuss your claim with an experienced personal injury attorney. Call us toll-free. You are also welcome to fill out our intake form and someone from our office will promptly contact you.

Contact Us Today

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ulder to cry on. For those who choose the best lawyer, one with years of practical experience in personalized injury law then you certainly may rest assured that they will passionately pursue justice for you.

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Prompt treatment following an injury might include prescription medicine, bedrest for recovery, or surgery. Intense treatment is necessary for individuals with spinal cord damage. Physicians will counteract issues that include blood clots, bed sores, and muscle contractures. A rehabilitation program may be advised and medicine may be prescribed to regulate discomfort and muscle spasms.

A far more serious injury from an automobile accident is a brain injury. Hitting the motor vehicle windows or being thrown out of an automobile while not using a seat belt, are the most common causes of head injuries in car accidents. Aside from unconsciousness, head discomfort, bleeding, and visible head injuries, other signs that may indicate a head injury are tenderness or instability of skull bones on applying pressure.

The sufferer might also encounter difficulties with recollection and concentration, nosebleeds, impaired vision, hearing, smelling, or odd sensations in any part of the body, and weak or disabled limbs. Also, one typical car crash injury that sometimes remains undetected is retinal detachment. Blurred vision soon after a car accident is undoubtedly an emergency. Retinal detachment has to be taken care of immediately by surgery in order to avoid lasting vision loss.

An auto accident attorney will execute an exhaustive investigation into precisely why your car accident occurred. A car accident attorney understands how to cope with insurance companies. Insurance companies are usually reluctant to pay a claim. The attorney will manage negotiations with the insurance company. If he does not get the outcome he seeks, he will not hesitate to take the auto accident claim to a court of law.

If you or a loved one has suffered injuries or damages in an auto accident, contact our Law Firm for a free consultation.

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Soft-tissue injury cases constitute a significant portion of personal injury litigation in the United States today. A majority of soft-tissue injuries occur from rear or side-impact collisions at speeds of 20 MPH or less. Since in many of these cases there is only minimal property damage, it is often assumed that they cannot result in serious, permanent injuries and that anyone who files a claim is attempting to obtain a large settlement for a “minor” injury. Yet despite these widely held perceptions, some victims of low-impact collisions continue to experience a broad range of persistent symptoms most frequently involving the neck, head, shoulders, and lower back for months or even years after the accident.

Unfortunately, many people (i.e. insurance companies and jurors) consider soft-tissue injuries as highly suspect because the extent and severity of the injury is not always obvious and cannot usually be documented by X-rays or other objective diagnostic tests. Successful resolution of soft-tissue injury cases is, to a large extent, dependent upon maximizing medical proof of damages which is often difficult to establish without objective, clear-cut medical proof of a significant injury. So how can you maximize medical proof in soft-tissue injury cases?

To develop an effective strategy in soft-tissue litigation, you first need to understand the complex nature of many of these injuries. That doesn’t necessarily mean that you have to immerse yourself for hours in intricate medical treatises which describe in painstaking detail the biomechanics or pathophysiology of soft-tissue injuries. At a minimum, however, you should be familiar with several authoritative, peer-reviewed journal articles published in the medical literature which describe the many possible underlying causes of the wide range of physical and emotional symptoms associated with soft-tissue injuries. Why should you, as an attorney, bother with even a few medical journal articles? Isn’t this one of the primary reasons why you retain a qualified medical expert?

Here’s just one compelling argument that you can’t afford to neglect. Most patients who sustain a soft-tissue injury in a low-impact collision are examined initially by an emergency room (ER) physician and are then referred to a family doctor for further follow-up and treatment. The ER physician may be a resident or intern who had only minimal, or worse, no experience in “working up” patients who sustain low-impact soft-tissue injuries. Many times even experienced ER physicians look no further than for obvious clinical signs of injury such as a radiograph showing a definite dislocation or fracture.

Often overlooked during the routine physical exam of a patient who has sustained a soft-tissue injury are less obvious “hidden” causes such as a closed-head injury or temporomandibular joint dysfunction (TMJD) which may account for the patient’s persistent complaints of recurrent headaches, neck pain, jaw pain, and visual or auditory disturbances. Unless the initial evaluation was done by a specialist such as a neurologist who is “tuned-in” to screen for the possibility of a closed-head injury or an oral surgeon who is trained to recognize the symptoms of TMJD, the chances of linking the patient’s persistent physical symptoms to a specific underlying cause may be significantly diminished. If your client continues to experience neck, shoulder, head, jaw, or lower back pain despite the lack of any objective medical evidence that may account for these symptoms, you need to take charge and ensure that he/she is evaluated by one or more medical specialists.

Another major area that may be neglected or overlooked in patients with soft-tissue injuries who continue to experience chronic pain is the psychological or emotional component that may be associated with these injuries. People react to chronic pain in different ways. Some are able to cope with pain better than others and can move on with their normal lives. Others, however, may suffer from periods of anxiety or depression, lose their appetite, find it difficult to concentrate at their job, and experience difficulty in sleeping. In such cases, it may be necessary to refer the patient to a neuropsychiatrist or a clinical psychologist who is trained to diagnose the source of the patient’s emotional problems and implement effective treatment. Remember, it may only be classified medically as a “soft-tissue” injury but that tissue is part of a human being whose psychological well-being may be adversely affected as a result of this negative experience.

One final point is deserving of mention if you litigate a fair number of soft-tissue cases. You need to develop and maintain a positive relationship with the medical professionals who are involved in the management of your client’s case. In preparing these doctors to provide expert testimony, you need to ensure that they are not only familiar with the patient’s case history but also that their expert opinions are supported and substantiated by the medical literature. But don’t expect the doctor to do the research for you.

There are literally thousands of peer-reviewed journal articles published in the medical literature related to soft-tissue injuries resulting from motor vehicle accidents. You need to be aware of the fact that most clinical doctors are office-based physicians who just don’t have the time, resources, or inclination to keep up with this vast amount of literature. So it’s up to you to prepare your experts by ensuring that the research gets done and then presenting the doctor with the most authoritative, peer-reviewed journal articles to substantiate his/her expert testimony.

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If You Have an Injury Claim, Don’t Delay

People who have been wronged must decide whether to make a claim. Sometimes they ponder this question a long time before deciding. When considering whether to make a claim, people must also think about statutes of limitations. Statutes of limitations put time limits on when actions may be brought. If you wait too long to make a claim, and the statute of limitations passes, your claim will be denied – even if it was valid. Recently, a man who was hurt while getting off a plane made a claim against the airline to recover damages. A court noted that the statute of limitations for personal injury actions had passed, so his claim was dismissed and he lost the chance to recover from his injuries. Harsh Results Statutes of limitations have harsh results. Thus, if you are considering whether to make a claim, consult a lawyer promptly to assure your claim is not lost by delay. Also, even if it seems like a claim arose long ago, there could be grounds to overcome the statute of limitations. Here are answers to some frequently asked questions about personal injury matters.

Q. I was hurt in an accident. If I make a claim, how long will it take to resolve?

A. The answer depends on many factors, including whether there’s a dispute over who was at fault, the nature of your injury, and the other side’s willingness to resolve the matter. Many claims are resolved very fast, while others take longer. Every attempt will be made to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for your injuries and losses.

Q. I was hurt in an accident in which I may have been partly at fault. Can I still make a claim?

A. Yes. In most states, accident victims can recover money even if they were partly at fault. Your recovery will be reduced by the amount of your fault. For example, if you are 20% at fault and your damages are $10,000, you will recover $8,000. This provides general information. Due to complexities and constant changes in the law, exceptions to general principles of law, and variations of state laws, seek professional legal advice before acting on any matter.

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