Are My Recreational Vehicles Exempt In Bankruptcy?

It depends. You can file Bankruptcy and keep your recreational vehicles if you are willing and able to pay the Bankruptcy Trustee the current market value of the vehicle (if you own it free and clear) or for any equity in it. If you cannot afford to pay the Trustee the market value or equity you have in the vehicle then, you will lose your recreational vehicle when you file for Bankruptcy.

Recreational vehicles such as quads, sand-rails, dirt bikes, jet skis, boats, and ATVs are non-necessity items. These types of vehicles are not considered necessary for you in establishing a fresh start. Therefore, they are not protected under the bankruptcy exemption statutes. Consequently, they are subject to being taken in a bankruptcy proceeding if you do not plan for your bankruptcy properly.

In Chapter 7 Bankruptcy, you generally are not allowed to keep a recreational vehicle. In a Chapter 7 case, you must either: (1) surrender the recreational vehicle to the Trustee, or (2) buy the recreational vehicle back from the Trustee. If you surrender the recreational vehicle to the Trustee, the Trustee will sell it and after withholding the administrative expenses of the sale, pay the remaining proceeds to your creditors. One option you can pursue is to purchase back the asset, typically at a reduced price, from the trustee. The Trustee will then take your purchase proceeds, less his administrative expenses, and pay the creditors.

For example, if you had a quad that was worth $2,500, the Trustee could sell the quad at an auction and perhaps get $2,000 for it. After subtracting administrative expenses for his efforts, as well as the cost of the sale, the trustee would be able to pay $1700 to the creditors. Or, you may offer to purchase the quad back from the trustee for $1500 and keep the quad. The trustee would then pay the $1500 less his administrative expenses to your creditors.

A better way to address the issue with your recreational vehicle would be perhaps to sell it before filing bankruptcy and place the cash proceeds into an exempt asset such as the equity in your home or your primary vehicle. In this scenario, you get to keep the cash, but lose the recreational vehicle.

In a chapter 13 case, you could keep your recreational vehicle. However, you would have to pay the Trustee back the value of the asset over the life of the Chapter13 plan. Chapter13 plans last 3 to 5 years. So, for example, if the quad was worth $2,500, you would pay the trustee roughly $45 per month for five years to keep your quad. Again, this assumes you own the quad free and clear.

Under either chapter 7 or chapter 13, if you owe money on the quad, you simply have to keep making the payment to keep it. If you have a substantial amount of equity in the quad, and still owe money on it, you may have to pay the trustee an amount equal to your equity in order to keep the quad, or the trustee may take it and sell it if he believes there is enough equity in it to warrant the sale. In Chapter 7, if you were going to pay the trustee for the equity, you would have to pay it all in one lump sum. Whereas, in Chapter 13, you can pay the value of your equity over time, in monthly payments, over the life of the Chapter 13 plan.

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Can I File For Bankruptcy More Than Once?

Yes, you can file for bankruptcy more than once. However, several situations separately control how soon you can re-file for bankruptcy.

Refiling After Your Previous Case Was Dismissed
The first situation applies if you previously filed a chapter 7 or chapter 13 bankruptcy and your case was dismissed without you receiving a discharge of debts. In this situation, you can refile for Bankruptcy immediately. There is no waiting period. However, you must be aware that if you are refiling within 12 months of your case being dismissed, the automatic stay will only go into effect for 30 days. Therefore, you will need to file for an extension on the automatic stay if you are refiling within 12 months of your case being dismissed.

If you had two or more cases dismissed within the last 12 months, the automatic stay will not go into effect at all. However, you can apply to have the automatic stay instated. Finally, be aware that if your previous chapter 7 case was dismissed because you willfully failed to abide by a court order or failed to properly prosecute the case you can be barred from filing a new case for 180 days after your case was dismissed.

Refiling After You Previously Received a Chapter 7 Discharge
The second situation applies if you previously filed a chapter 7 bankruptcy that was not dismissed and you received a discharge of debts. In this situation, you can file for chapter 7 again eight years from the date you previously filed your chapter seven bankruptcy petition. If you previously filed a chapter 7 bankruptcy and received a discharge of debts, that was not dismissed, and now wish to file under chapter 13, you can do so four years from the date you previously filed your chapter 7 petition.

Refiling After You Previously Received a Chapter 13 Discharge
The third situation applies if you previously filed a chapter 13 bankruptcy that was not dismissed and you received a discharge of debts. In this situation, you can file for chapter 7 bankruptcy six years from the date you filed your previous Chapter 13 petition. You can file for chapter thirteen again two years from the date you filed your previous Chapter 13 petition.

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Bankruptcy Attorney

Our Bankruptcy Attorney can help you when you find yourself in financial trouble. You are not alone! Many of our clients find themselves underwater due to divorce, job loss, catastrophic medical expenses, or credit card bills.

We have one important goal in serving clients: to free them from debt, either through Chapter 7 or Chapter 13 bankruptcy proceedings. We have streamlined the filing process to make it easier and less costly.
Many Bankruptcy Attorney clients are pleasantly surprised at how stress-free the filing can be. We offer every client a free initial consultation by phone, so you can review your financial situation with a skilled bankruptcy lawyer.

At our firm, we do not ask you to fill in a long, exhaustive questionnaire before making an appointment. Instead, our firm will do the paperwork for you. All you have to do is answer the questions and provide needed financial verification such as paycheck stubs, bank statements, and income tax filings.

Bankruptcy Attorneys explain the Difference Between Chapter 7 and Chapter 13?

As a bankruptcy client, we examine the alternative to help you understand your options. A major advantage of Chapter 7 is that it eliminates most of your debt in just 90 days. In order to qualify for Chapter 7, you must earn less than the median income for a household of your size. For example, a household of four can file if the income is less than $82,602 per year.

However, even if your income is too high, you may still be able to file a Chapter 7 if you can pass the means test. We will work with you to determine if you have enough of the standard offsets and deductions to put you in the category of people who still qualify to file a Chapter 7 even though they earn more than the median income.

Bankruptcy Attorney:
Maximum Household Income For Easy Chapter 7 Bankruptcy

One person $51,161 = $4,263/mo.
Two people $63,930 = $5,328/mo.
Three people $72,275 = $6,023/mo.
Four people $84,442 = $6,869/mo.
Five people $89,322 = $7,444/mo.

Chapter 7 Bankruptcy Eliminates Most of Your Unsecured Debts Chapter 7 bankruptcy is the short form. In most cases, Chapter 7 bankruptcy eliminates your debts in 90-120 days. It eliminates most of your unsecured debts -credit cards, old repossessions, medical bills

If you do not qualify for Chapter 7, you may consider Chapter 13, a debt consolidation-debt reduction plan that allows you to radically write down the total amount you owe as part of paying a portion of it back. Chapter 13 also stops foreclosure and obtains an order from the Court requiring mortgage lenders to give mortgage borrowers the opportunity to catch up on monthly mortgage payments over a three to five year period, so they can remain in the family home.

Chapter 13 Bankruptcy is designed to catch up on your mortgage and radically write down other debts.

Chapter 7 Bankruptcy
Our Bankruptcy Attorneys use the short form for Chapter 7 bankruptcy. In most cases, Chapter 7 bankruptcy eliminates your debts in 90-120 days. To prove you are eligible to file a Chapter 7 bankruptcy, we must show that

• You have not completed any kind of bankruptcy filing under eight years ago

• You do not have some very valuable asset like a non-IRA/non-401k stock portfolio, have excessive home equity (401k’s/IRA’s cannot be seized in bankruptcy)

• Your regular net income is less than or barely exceeds your ordinary monthly expenses

• Your total household yearly gross income during the most recent six months was less than the median income for a household of its size. However, the median income test is not set in stone. Even if you are over the median income, you may still be eligible under Chapter 7 if you have certain offsets like high mortgage payments, high car payments, child support payments, or expensive health insurance payments.

In most Chapter 7 bankruptcies, you will be granted a discharge, eliminating the majority of your debts from 90-120 days after we file. Discuss your options with a Bankruptcy Attorney

Chapter 13 Bankruptcy
Chapter 13 bankruptcy gives you time to catch back up on your mortgage while protecting you from your other creditors. Chapter 13 bankruptcy is designed to give you a way to catch back up on mortgages that have fallen behind and to permanently write down the size of your unsecured debt.

Chapter 13 radically reduces your unsecured debts (e.g., credit card debt, medical bills) by obtaining the court’s permission to redirect your available income primarily to catching back up on mortgages that have fallen behind.

You make your payments to the Chapter 13 Trustee, who then pays your individual creditors. Your plan will last from 36 to 60 months. If you have a mortgage and car loans, you will continue to pay for these items in your plan. You also pay a reduced percentage of your unsecured debt in the plan.

Call a Bankruptcy Attorney for a free consultation regarding your legal options.

Thank you for visiting our bankruptcy attorney site, we are here to help you, please call to set an appointment.

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Useful Tips For Avoiding Bankruptcy

The Bankruptcy Abuse and Consumer Protection Act was passed in early 2005 with the intention of reforming American bankruptcy law as we know it. The existing laws, according to Congress and the credit card companies, granted too many debtors who might be capable of repaying at least some of their debts to have them wiped away by the courts. The new law was intended, rightly or wrongly, to eliminate the “bankruptcy of convenience” that allowed many consumers to run up huge debts without repaying them.

Under the new law, filing is much more difficult, time-consuming, and expensive; so much so that it has discouraged many would-be filers from seeking debt relief through the courts.

Given that debt relief through the bankruptcy courts is now so much more difficult, it makes sense that consumers with mounting bills might want to seek alternatives. In order to do that, debtors need to find some other way to manage their increasing debt. Below are a few tips that might help consumers avoid filing for bankruptcy.

Negotiate with your creditors – It is generally a good idea to talk to your creditors as soon as you have a problem. If you are missing payments, call them and explain why. Creditors want to get paid, but they also understand that everyone has financial problems from time to time. They may be able to work out a repayment agreement with you that you can afford. You will receive much more cooperation from your lenders if you are honest and explain your problem than to simply stop paying without explanation.

Seek credit counseling – Credit guidance sessions are mandatory for filing for bankruptcy, but many people with little or no formal financial training could benefit from meeting with a counselor and explaining their financial problems. The agency can offer help with money management and repayment plans. They may even be able to negotiate some better terms with your creditors if you haven’t already done so yourself. Many agencies are nonprofit, so you will generally find their services to be quite inexpensive.

Get a debt consolidation loan – A consolidation loan is one that combines several debts, often at high-interest rates, into one loan at a lower rate. A home equity loan is ideal for this, and thanks to rising real estate prices, many people now have a reasonable amount of equity in their property. As a bonus, the interest on a home equity loan is tax-deductible. Other credit cards with low-interest introductory rates are also good for consolidating debt.

Sell your house – If you do have a lot of equity in your property, it may become necessary to sell your house to pay your bills. This is a drastic step, as you will have to find another place to live, but if the alternative is losing your home to foreclosure, it may be the only sensible choice.

Bankruptcy shouldn’t be taken lightly. Having your debts removed and pay off the debt by the courts will leave a mark on your credit report for up to ten years and will make it more hard and expensive to borrow money or obtain credit in the future. Smart consumers know that avoiding bankruptcy, if at all possible, is a smart financial act.

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I’ve Got Child Support Debt! Can Bankruptcy Help?

Child support payments can become quite a burden when it is put into an already tight budget. And these days, you’d be lucky to find a budget that isn’t tight. You may have to pick and choose which debts to pay and, while it seems that you could push off your child support payments, there is little tolerance from government agencies for not paying it.

If you start to miss payments, an agency can (and will) garnish your wages—but not at the regular rates put forth by wage garnishment laws. If you are head of household, up to one-half of your paycheck can be garnished. If you are not head of household, up to 65% of your paycheck can be garnished. That garnishment makes it near impossible to pay any of your other bills.

Child support debt is not a typical debt—it is considered family support and taken very seriously. In fact, if your child support is the result of a court order, not paying it may be considered a violation of that order. That could possibly result in your arrest for contempt.

Since child support is considered family support like alimony or maintenance payments, it isn’t able to be discharged in Chapter 7. Fortunately, a bankruptcy lawyer can still help you with your child support debt. A Chapter 13 bankruptcy can put a stop to your wage garnishment and help you catch up on your child support payments. While the debt can’t be discharged, back child support payments can be put into a Chapter 13 repayment plan.

Can you imagine how much easier it would be to maintain your budget without the weight of child support debt and wage garnishment? You can finally be back in control of your payments, your budget, and your paycheck. Remember, doing nothing changes nothing. You can change the situation that you are in—but only if you are willing to take action against it.

Child support debt, especially if paired with a garnishment, can render you unable to pay any other bills, sinking you farther and farther into debt. The best move to make next is to start looking at your options. Sure, you can get a free consultation from most attorneys, but the best ones will be able to provide you with great information before you even sit down with them face to face. Read up on bankruptcy FAQs, blogs, and even free publications to help you decide if bankruptcy is the best way out of debt.

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Chapter 7 Bankruptcy 341 Meeting

If you are going to file a Chapter 7 Bankruptcy, you may have heard of something called a 341 meeting. A section 341 meeting can also sometimes be referred to as a meeting of creditors or creditors meeting. Essentially this is a meeting where if you are filing for bankruptcy under this chapter, the creditors that you owe money to or want to discharge through the bankruptcy, can come and ask you questions.

In attendance is usually your bankruptcy attorney, you, and a court-appointed trustee. The trustee essentially is the person who oversees the Chapter 7 Bankruptcy to make sure everything is adhered to according to the bankruptcy law.

Usually, most creditors do not send a representative to the section 341 meeting of creditors. But this does not mean that they cannot show up to ask you questions. Your bankruptcy lawyer will usually have prepared you thoroughly for what to expect at the 341 meeting.

The type of bankruptcy questions a creditor who attends the 341 meeting may ask you could relate to some of the information you may have filed out on the original application you made to the creditor when applying for credit. The bankruptcy questions asked by the creditor could be something to the tune of why there is a discrepancy between the original application and the information on your bankruptcy petition.

One of the concerns a trustee may have at the 341 meeting of creditors is that prior to filing bankruptcy, the debtor may have paid a large sum of money to one creditor and not that much to another. Bankruptcy law does not like favoritism of one creditor over another and the trustee may inquire why this was done or require the favored creditor to return the money to be distributed more fairly. The bankruptcy attorney will usually ask the debtor what sort of payments they have been making in the few months prior to filing bankruptcy.

Many times bankruptcy attorneys have had to deal with nervous clients that fear a 341 meeting of creditors may not go well and there is something that will come up in the bankruptcy law that will throw them off. A bankruptcy lawyer will provide the client with a wealth of bankruptcy information first and plays a critical role in assuring the client the 341 meeting of creditors will proceed without any problems and the client filing for bankruptcy will go smoothly.

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Chapter 7 Bankruptcy Information: Nice And Simple

Chapter 7 bankruptcy is one of the most if not the most drastic financial maneuvering an individual or a corporation can make. Considered as the last resort, this kind of bankruptcy relinquishes the right to assets, properties, and personal belongings to the care of the court for liquidation. These liquidated assets are then used to pay off creditors and outstanding accounts. Though considered to be extreme, it also provides fast and efficient relief to financial woes that are becoming more and more unmanageable. Chapter 7 bankruptcy information is vital to the formulation of the decision to file for it or not.

So what are the primary considerations to bankruptcy? What you can do is to assess for yourself (at first) your financial status. You can write down your debts and credit accounts and total them to see the big picture of just how much you need to pay. Then you list down sources of your income and deduct from its total monthly expenditures just to stay afloat. When none is left as expendable income, Chapter 7 bankruptcy is your best bet to pay off obligations as soon as possible.

If you have fears to lose all your assets, it is best to have an assessment with your lawyer. This way you have a better decision to follow. There is a provision within Chapter 7 that gives you the right to keep a part or all of your properties when you have the means and the ways to do so. It is even possible that under Chapter 7 bankruptcy, you can continue paying for your home and car mortgages. But this entirely depends on the depth of your financial troubles.

Straight bankruptcy or Chapter 7 bankruptcy is a straightforward approach to keep you back on track with your financial life. Some are very hesitant to even entertain the idea of bankruptcy but the truth is that it is a sensible solution to certain financial situations. 1 million Americans filed for bankruptcy in 2018 just to improve their financial standing. And to some extent, that action might have saved them from losing their homes, cars and getting rid of persistent phone calls from their creditors that might be considered harassment.

Chapter 7 bankruptcy information is considered to be a necessary foreknowledge before jumping onto the bankruptcy bandwagon. Needless to say, bankruptcy is not a highly anticipated event in life, but it is a relief at the same time for many people who are in the midst of debts that are practically killing them softly. Enough assessment with qualified Chapter 7 lawyers will ensure that your decision to file under this bankruptcy provision is the best for your current financial crisis.

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How to File Personal Bankruptcy For Free

Filing for Bankruptcy costs money and even if you do the filing all by yourself you will still need to spend money on documents, papers, and other information requirements. If you want to know how to file personal bankruptcy for free then you will just find yourself with no answers. What you can do is to learn the ways to cut costs when you file bankruptcy. To get into that, you must have a basic understanding of bankruptcy. You do not need to become an expert on it but just become familiar with the bankruptcy laws.

Bankruptcy is considered a privilege by many because it has the capacity to eliminate the debt of a person. The two types of bankruptcy you should be learning should be chapter 7 and chapter 13. These two types of bankruptcy are the most commonly filed by people. There are advantages and disadvantages with each type and learning them can help you make preparations in which type you will be able to file.

Chapter 7 is the straight or liquidation type bankruptcy. This bankruptcy works by liquidating the properties of a debtor. The amount of money that will be produced from the liquidation will be distributed to the creditors. Debts that are unpaid by the completion of the liquidation are categorized as forgiven or eliminated and therefore, cannot be claimed by the creditors anymore. The debtor can keep properties that are called exempt properties. These types of properties are exempted from the liquidation; other properties that are not categorized as exempt are put through liquidation.

Chapter 13 is referred to as a reorganization or repayment plan. This type of bankruptcy works to resolve debts by letting the debtor propose a plan to pay the debts he owes from his creditors. The only way he can be eligible for this is to prove that he has an income that exceeds his expense. Currently, most people are encouraged to file this type of bankruptcy because of the new requirement of the new bankruptcy law which is that a person must attend a credit counseling session conducted by credit counseling agencies. These agencies provide the repayment plan for you so indirectly influencing you to file a chapter 13.

If you want to know how to file personal bankruptcy for free or at least at a very minimum cost then I can suggest a few ways in which you can achieve this. The first thing you can do to cut costs in filing your bankruptcy is to do it all by yourself. This is hard work and most likely will take you time to get things done. Also, adding to the problem is the risk that you might make a mistake preparing your papers.

The best thing I can suggest you can do is to hire a petition preparer or a bankruptcy lawyer to prepare your papers. This way, mistakes can be avoided. You just pay their flat fee and then you do the rest of the work. You do not have to spend a lot of money when you file bankruptcy.

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Bankruptcy Exemptions – What Things Can You Claim As An Exemption When Filing?

What are bankruptcy exemptions, and how are they determined? First off, these are only for individuals filing for bankruptcy and not businesses, and they are something that allows you to keep up your standard of living by protecting some of your personal possessions from being taken by the court to pay off your debt.

As I’m sure you are aware, in bankruptcy what often happens is that the court will take away your possessions to liquidate them and pay off your debts. Knowing what the court can take away and what they can’t is very important to determine whether or not you should file for bankruptcy.

If they can take away basically everything you own, then obviously filing is a bad decision. However, if a lot of your things fall under bankruptcy exemptions, then it might be a smart thing to file, and get rid of your debts so that you can start over.

The way it works is, you can sometimes choose between the state and national bankruptcy exemptions, in the case of states who allow national exemptions. Each has its own rules on what can be considered an exemption and what cannot be.

However, oftentimes, you must go with the state exemptions, as certain states (the majority, actually) don’t allow national exemptions to apply to them.

It’s a long story, but for now, that’s the way it is, and I will leave it at that. If you live in a state that allows national bankruptcy exemptions, you have to decide on which rules you want to go with, and can’t just take portions of each that apply to you. You have to choose one or the other.

This is basically how it works. First, when you claim something as a bankruptcy exemption, you have to show the value of it right now, and not when you first obtained it, since this is obviously the amount the court will get for it by selling it.

There are only certain things that can be claimed, of course, otherwise why not just keep everything? Since each state is different, for the purpose of this article I will cover the more prominent of the federal exemptions.

First, the equity of the main residence you live in is exempt for up to a certain amount and you can use this money to live somewhere else once you lose your current place. Pension and retirement plans can also be claimed should you claim them, life insurance that is at least a certain amount, and also unemployment benefits can’t be taken as well if you claim them.

There are quite a few other smaller things, and of course, your lawyer will be able to give you an extensive list, so that you can determine what you will have to lose and what you can keep. Remember, this only applies to chapter 7 bankruptcy, as with chapter 13, the individual follows a court-ordered payment plan, and you aren’t discharged of your obligations, as you are with chapter seven.

Your lawyer will be able to help you with bankruptcy exemptions, so while this is an introduction to the topic, it is no substitute for a competent attorney who can explain to you the ins and outs of this somewhat complicated topic.

Trying to decide whether or not to file for bankruptcy? Determining the bankruptcy exemptions you can claim is a good start.

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What Will Happen in a Bankruptcy Court?

Filing a Chapter 7 bankruptcy is scary, and most people are falsely convinced that it would ruin them financially. But the reality is that bankruptcy can often improve your credit score because a person who declared Chapter 7 in the past is not as high a credit default risk as one who is suffocating under a mountain of debt. Events happen that are out of our control. Job loss, foreclosure, illness – there is a multitude of reasons why you may need the help of a bankruptcy lawyer.

Ultimately, filing for Chapter 7 bankruptcy protection may be the right choice for you. Chapter 7 is known as a “straight liquidation bankruptcy” and is the most common type of consumer bankruptcy. It has generally been the bankruptcy used by those with few or no valuable assets.

To help you understand Chapter 7 bankruptcy, our bankruptcy law firm, is publishing a series of articles. This one will deal with the meeting with the US Trustee in the bankruptcy court, a meeting also known as the 341 hearing.

At the bankruptcy court 341 hearing, the United States Trustee asks the person filing for bankruptcy several questions. You should keep in mind that the Trustee is not a judge and does not rule on your bankruptcy case.

Answer these questions directly, without elaborating unless asked to clarify by the Trustee. Make sure to bring your driver’s license and social security card.

Please note you must bring your social security card and Drivers’ license [it must have the same address that is on your petition] to the hearing.

QUESTIONS THAT ARE USUALLY ASKED:

1. Name, social security number, and address.

2. Did you read the Bankruptcy Information Sheet?

3. Did you sign the petition, schedules, statements, and related documents you filed with the bankruptcy court?

4. Have you read the petition, schedules, statements, and related documents?

5. Are you personally familiar with the information contained in these documents?

6. Is the information in these documents accurate?

7. Do you see any errors or omissions in these documents?

8. Are all of your assets identified on these documents?

9. Have you listed all of your creditors?

10. Did you ever file bankruptcy before?

POTENTIAL PROBLEMS

A. There are several types of loans that are nearly impossible to be discharged. One of them is the student loan. For such loans, one must prove inability to pay, which sounds much simpler than it really is. There would have to be an adversarial proceeding proving much more than what one would normally need to prove in a bankruptcy.

Likewise, parking tickets, child support, alimony, and income taxes are not discharged via a Chapter 7 bankruptcy. Large payments to family, as well as anything related to fraud, may not be erased by declaring bankruptcy.

You should also remember that your loan co-signers won’t be discharged just because you filed a bankruptcy. They may be forced to pay your debt even though your Chapter 7 bankruptcy was approved.

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Are There Options When You’ve Defaulted on Student Loans?

Do you feel lost in your student loan debt? Don’t worry you are not alone. It’s easy to push them to the back burner when you are trying to cover other bills like rent health insurance, car payments, etc.

Student loans can get you into a quick financial hole quickly, even if they don’t seem as important as other bills you are paying. Getting behind on payments toward your defaulted student loans can end with bill collectors harassing you, lawsuits, judgments, and even your wages being garnished or your bank account frozen. The courts can take future tax refunds you may receive in order to get their money.

You may be wondering if you have options if you are in a bind with your defaulted student loans. Some common questions of defaulted student loans are: How do I stop the harassing phone calls from bill collectors, or should I file bankruptcy?

When you miss payments on your student loans, you are given another opportunity to pay off the loan, which is a rare occurrence. This process is called “rehabilitation” and many bill collectors don’t want you to know about it, so they may play dumb.

When you rehabilitate your student loans, you have the option to follow a short-term payment schedule. If you pay the loan in full, it’s taken out of the hands of bill collectors, which also stops the constant calls from the collection agencies. They try to keep this process quiet because every time a collection agency goes through it, they lose the 25% bounty they would’ve received if the full loan amount was collected.

You should call your debt collector and ask to “rehabilitate” your loan, and as long as they cooperate, you may not even need a lawyer. In order to successfully rehabilitate, you need to make 9 full payments over a 10 month period, and if you fail to do so, you could be in trouble. It is difficult to get your student loans discharged by filing bankruptcy. Serious undue hardship must be proven, which means repaying your student loans will cause you and your family to live below the minimal standard of living. You better have stopped breathing to prove undue hardship, it is very difficult to use this to discharge your student loan debt.

Filing for bankruptcy may not be the right decision if most of your debt includes defaulted student loans, so you may not even need a lawyer. On the other hand, if they consist of only part of your larger financial debt, filing for Chapter 7 bankruptcy may help you towards a fresh start. Before you speak with any bankruptcy lawyer, sign any forms to agree to consolidate your debt, or talk to any bill collector, you need to gather information so you can arm yourself with the right questions to ask before you make a decision you later regret.

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Eliminating Credit Card Debt – How to Eliminate Your Credit Card Debt and Avoid Bankruptcy

You lose all your money and your market reputation. Losing money is not that bad because you can earn it again. However, it is impossible to earn a reputation that you have lost. If you are a businessman, your suppliers and customers will not be comfortable investing their finances even if you walk out of bankruptcy. There are various other ways of eliminating credit card debt. Even if you have an urgent requirement of eliminating credit card debt, bankruptcy is not the right way to do it.

Changes in bankruptcy laws for small businessmen and working people

Have you heard about Chapter 11? If you are a businessman operating with limited resources planning to file for bankruptcy, you need to file an application for chapter 11 as well. According to this new chapter, you cannot get all your liabilities exempted by declaring bankruptcy. You still have to pay a minimum sum to the bank. This is not a standard amount and is decided according to the financial situation of the client.

Along with businessmen, working employees also have to file for chapters 7 and 13 along with their applications for bankruptcy. These laws differ according to the state. Hence, you should look at the average income of your state before you decide to file for bankruptcy.

Avoiding bankruptcy

The best way to avoid bankruptcy is to focus on your expenditures. If you are spending ten thousand dollars a month without a job, you are heading for serious trouble. Bring your expenses to half or even less if possible. You need to interpret your financial condition in the right manner. Try to hire a counselor who can study your transactions and help you in eliminating credit card debt.

When the bankruptcy laws had not been modified, a lot of people took undue advantage of this situation and got their liabilities exempted. This resulted in further problems for money granting companies. In the United States, most banks are going through their worst financial phase. They are running after their clients to recover billions of dollars. The increasing rate of bankruptcy does nothing but worsen the situation for eliminating credit card debt.

The United States government took strict notice and brought some big changes in the bankruptcy laws. As a concluding statement, I would say that bankruptcy is never the ideal way for eliminating credit card debt.

Getting out of debt through a debt settlement process is currently very popular but you need to know where to locate the best-performing programs in order to get the best deals. To compare debt settlement companies it would be wise to visit a free debt relief network that will locate the best-performing companies in your area for free.

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What Filing for Bankruptcy Cannot do for You
As a bankruptcy attorney, I have heard all of the misnomers of what filing for bankruptcy can and can’t do for you. There are a lot of misconceptions around and unfortunately, that has stopped people from filing for the protection they need in some cases, and in other cases, it has set their expectations way off.

When you are reading blogs and learning about different types of law it is very important to realize that each and every case is as unique as the person who files it. Keep that in mind while doing your research.

When you file for a Chapter 7 bankruptcy you will still have to pay your child support and alimony debts. If your bankruptcy is filed under the Chapter 13 code, the repayment plan will include full payment of all child support and alimony payments.

Student loans are often called non-dischargeable debts in bankruptcy. In practice that is pretty much accurate, but the laws do read that student loans can be discharged if in fact that there is no possible way that the debt will ever be able to be repaid or if in making the payments on your student loans there will be an undue hardship placed upon you. This is very difficult to prove, as you will not only have to show that currently the payments will cause hardship but at all points in the future this debt will be a hardship on you.

It has been said that the only two certainties in life are death and taxes. Bankruptcy can eliminate some tax burdens, but only if several requirements are met. It is very difficult to get your tax debts eliminated in bankruptcy, but in some cases, certain taxes can be eliminated or paid back at a fraction over the course of time.

Any debt that is not listed on your bankruptcy petition will not be discharged. The logic behind this is simple, when you file your bankruptcy petition with the court your creditors are put on notice and afforded the opportunity to appear at the 341 meeting to ask you questions pertaining to your debt. If they are not put on notice of your pending bankruptcy, they will not have the opportunity to fight your bankruptcy if they so choose to. Other debts that will still be owed upon completion will include most penalties and fines set forth by the government along with any judgment that arises out of a lawsuit that involves intoxicated driving.

By no means is this list meant to be comprehensive. I compiled it as a quick reference to try and clarify some of the most common questions on dischargeable debts during bankruptcy. It would be wise to seek the help of an experienced bankruptcy attorney. They will be able to look at your individual situation and help you determine if filing for bankruptcy is something that might be right for you. Our office offers a free initial consultation and encourages people to call us as soon as they get into financial trouble, it is never too early to seek advice from someone who deals with these types of situations on a daily basis.

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There are lots of things going on in the internet and almost all things are done through this big World Wide Web. Some people even try to file chapter 7 online. Although people can download PDF bankruptcy forms online and do their filling up electronically with the help of petition preparers or lawyers that are online, you still need to physically go to a bankruptcy court to file your papers.

Before you file Chapter 7 online, there are other alternative types of bankruptcy that you can choose from to avoid liquidation. You can choose a chapter 13 type of bankruptcy which is a repayment plan. This type of bankruptcy can help you save your home and catch up with your past debts through a repayment plan.

Chapter 7 is a type of bankruptcy where a group of trustees will try to sell the debtor’s non-exempt properties. The liquidation will generate cash that will be distributed to the creditors for their claims over the debts the debtor owed to them. To be eligible for this type of bankruptcy, an individual must take a means test. The test result will evidently reveal whether or not a person is capable of paying his debts.

A person starts to file bankruptcy chapter 7 by filing a bankruptcy petition in court. It is also required to file documentation of credit counseling with the petition. The new requirements under the bankruptcy law state that a person should enroll himself in a credit counseling session, with the documentation, to be filed to the bankruptcy court.

There are differences in how people file for bankruptcy in each state. If you want to file this type of bankruptcy by doing it yourself, you need to research on what are the things applicable in your state. Research on where your income is placed regarding your state. Having a below-average income can render you in having positive results on your eligibility for Chapter 7.

If filing for chapter 7 gets grueling for you to handle, you need to get a bankruptcy lawyer to work on your bankruptcy. This will take you much further than handling your bankruptcy alone. Your bankruptcy lawyer will point you in the right direction, represent you in the bankruptcy court, and manage your papers. But you do not need a lawyer to file for bankruptcy unless you have a lot of extra money to pay for the lawyer because it can cost a lot.

There are many ways you can file bankruptcy at a bargained price. Beginning with filing bankruptcy online, this is user-friendly and very handy for people who do not like to go out of their house. It takes only a computer and an internet connection for you to be able to do this. One other way to cut costs is to carry through the filing without any help from anyone. This can be challenging for anyone because you need to learn things in just a matter of days. Remember that if you do not know what you are doing when filing your papers, you might have just gambled more of your properties than what is on the line.

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Bankruptcy Trustee: Who Is That and What Do They Do?

It almost happens in every meeting. I will be explaining how things work in a bankruptcy case and I will make reference to the “trustee.” Usually, my clients won’t interrupt me but sometimes I can just tell by the look on their faces that they have no idea who I am talking about. I don’t try to talk over my clients’ heads. Actually, I try to make things as simple as possible so that I only have to go over it one time. As much as I try to make it easy I do make mistakes and forget that my clients don’t do this every day.

The “trustee” is the person who administers the bankruptcy case. The “trustee” is not a judge. I like to tell my clients that the trustee is sort of like a referee in a sporting event. His job is to make sure all the parties are going in the right direction on the field and following the rules. When someone breaks the rules or how an issue should be administered, the trustee or other interested party (debtor, creditor, etc.) can ask the judge to get involved.

One of the trustee’s duties is to conduct a “First Meeting of Creditors.” We also call the meeting a 341 meeting. This meeting or hearing is scheduled about 30 days after you file for bankruptcy. The trustee who is assigned to your case will be at the hearing and is required to ask you a series of questions. Most of these questions are questions that we have already discussed. Some of the questions include but are not limited to:

Do you still live at the same address as when you filed?

Did you list all of your assets and debts correctly?

Were you being garnished when you filed?

Did you transfer any assets or property to a family member in the last two years?

Did you pay any one creditor more than 0.00 in the 90 days before you filed?

The questions they ask are not intended to harm you in any way. Instead, the trustee is asking questions that will help them to administer your case.

The trustee is required to review all of your assets and determine if any of the assets are not exempt. This means that the trustee is trying to determine if he has to take the asset, sell the asset, and use the proceeds to pay creditors. An example would be a client who has a speed boat. Let’s say the client’s speed boat is worth 9,000.00 and he doesn’t owe any money against the boat. You need to know that boats are not exempt except for situations where the boat may be used for work (this is very rare). The trustee would be required to sell the boat and take the proceeds to pay the client’s creditors.

The trustee does have some discretion as to whether he takes an asset or doesn’t take an asset. An example that we see many times a month is the situation of “extra” cars. Consider a car that doesn’t run, has body problems, and is most likely worth less than the repairs that would be needed to make it road-worthy. Usually, we value a car like this at salvage value but most likely never more than 500.00. We almost never want to claim the car as exempt because we would rather use the exemption for a more valuable vehicle if the client has one. Keep in mind what the trustee would have to do with a non-exempt 500.00 car. The bankruptcy trustee would be required to liquidate the car (sell the car); take the proceeds from the sale of the car; first pay the expenses from the sale of the car (tow fee, auction fee, etc.); and take the remaining balance and distribute it among the clients’ creditors. In reality, it is more complicated than what I just explained and can take many months to complete. Good news! To do all that work the trustee would be paid something like 10% of the gross. The trustees work hard for a living, however, they don’t work stupidly. There is no value in doing all the work and distributing less to the creditors. More plainly stated, trustees will likely abandon a car in this condition and the client will get to keep the car.

I hope this explains who the trustee is and what they do. Everyone who files for bankruptcy gets a trustee who administers the case. The trustees in our area are really nice guys who have always been there to help me when I have asked. You don’t need to be afraid of the trustee when you see them at your 341 meeting. They probably would rather be at their offices working on something productive.

So that, in a nutshell, is who the bankruptcy trustee is and what he or she does. If you have any questions about bankruptcy and what the trustee does, be sure to contact a bankruptcy attorney in your area.

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5 Reasons To Hire A Personal Bankruptcy Attorney

When you decide to file for Chapter 7 bankruptcy, it’s always tempting to try to do it alone. After all, you’re already in a financial fix—why spend more for just a small convenience? Well, the truth is that a personal bankruptcy attorney does more than just sign your forms. They can also help you better understand your situation, negotiate with creditors, and tell you everything you need to know to ensure a successful filing. Here are five more things a personal bankruptcy attorney can do that you can’t get by filing on your own.

They know the laws.

The Bankruptcy Code is complicated even for some lawyers. An experienced personal bankruptcy attorney will know which laws apply to you and which ones you should know as a debtor. Also, since the rules are always changing, it helps to have someone who’s up to date to let you know what’s going on and how you can adapt.

They protect you from lenders.

Creditors can get pretty insistent the more debt you have, or the further behind you are on payments. But when they know you’ve got a Chapter 7 bankruptcy attorney, they’ll be much less inclined to harass you for payments. You can simply mention that you’ve filed personal bankruptcy and refer them to your attorney next time you get a call.

They get things done faster.

When you file Chapter 7 bankruptcy alone, you have to stop once in a while to figure out what certain forms mean and find the right person to talk to at the bank. A personal bankruptcy attorney will have connections that help get the case moving. They can explain the rules as you go, show you a few shortcuts, and generally ensure a smoother transaction.

They prevent costly mistakes.

There’s a lot of paperwork involved in a Chapter 7 bankruptcy, and a slight error can lead to much bigger problems. While you’ll have to provide the data yourself, a personal bankruptcy attorney can give you a hard in filling them out and making sure there are no false or misleading data.

They can negotiate with creditors.

Finally, a personal bankruptcy attorney can help you reach a more reasonable agreement with your creditors. Some of them will contest the amount of discharged debt in a Chapter 7 bankruptcy, or file a lawsuit during the waiting period. With a personal bankruptcy attorney, you can face such hurdles with confidence and come out with a deal that works for all parties.

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Whether to File for Chapter 13 Bankruptcy

Our firm strives to educate our clients on all of the opportunities they have to settle their debts and urge them not to rush into any decision too hastily.

Many homeowners are looking for a quick fix to their problems after they are bogged down by financial struggles. All that they want is to clear their debts and start over. Unfortunately, however, when you fall too far into debt, there is no “quick fix.” It will take some careful planning and dedication, but in time you will be able to regain a firm grasp on your finances.

As a homeowner involved in financial struggles, you need to review the advantages and disadvantages of every choice, including filing for Chapter 13 bankruptcy. In order to qualify for Chapter 13, you will have to prove that after the filing you will have enough money to repay your debts in a timely manner without falling behind again. This could be from issues such as inheritance, job wages, or spouse’s job wages. But, for many people who are facing foreclosure, this can be a difficult task to fulfill. In fact, 78% of Chapter 13 filings fail within the first 90 days because people fall behind again in repayments.

Contrary to what many people perceive, filing for Chapter 13 bankruptcy does not start you with a clean slate. Instead, the main goal is to help you consolidate your debt, reorganize your bills, and establish a means for you to settle all your debts. And within only two months after filing, you will be expected to resume paying your regular monthly mortgage payments and make a monthly payment to a bankruptcy trustee, which will be used to pay off all your debts.

In general, you will make this payment to the bankruptcy trustee for three to five years. And afterward, all of your debts should be settled, and your car loans and credit cards should be paid off. In theory, it sounds like a great plan. Unfortunately, if you were having trouble paying your bills to begin with, the increased payment to the trustee will only add to your financial struggles, especially if you have to begin paying your bills within a month or two of regrouping.

In some cases, your best option may be to use Chapter 13 in conjunction with other tactics that your attorney can help you secure. For example, if you are able to modify the terms of your mortgage prior to filing for bankruptcy, then you will be able to increase the chance that the filing will be successful. Modifying your loan can decrease your monthly payments, therefore allowing more of your money to go towards paying the monthly bankruptcy trustee fee that will help extinguish your debt.

However, I always advise my clients to weigh the pros and cons of all of their choices instead of rushing into Chapter 13 bankruptcy. In fact, most of my clients use one of the many other forms of loss mitigation to settle their debts and keep their homes from being sold in foreclosure.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.

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Bankruptcy Filings – Thinking About Bankruptcy?

Are you considering bankruptcy? Do you know what you will be getting yourself into with bankruptcy filings? If you are thinking about bankruptcy to clear your debts and get a fresh start you need to understand exactly what you are getting yourself into. Here is what no bankruptcy attorney will ever tell you about what you will be doing if you file for bankruptcy.

First, you will be telling your creditors that your word, signature, and agreement with them were never good and will never be good. This is a huge blow to your pride and to your sense of trust. When you give people a reason not to trust you, you also give yourself a reason to struggle to trust others. This is one of the major side effects of bankruptcy because it can become a way of life.

There are people that use credit cards until they cannot get anymore and have run up their limits completely, then they file bankruptcy. After their bankruptcy, they do it again until they can file for bankruptcy again. This is not meant to be a way of life, but some people have made it a way of life.

Bankruptcy was meant for those that are in a pit, black hole, or just cannot make it happen on their income. They have been working very hard and have been trying to pay off their creditors, but they just cannot do it. This could be caused by being laid off, losing a job, or a medical emergency.

Second, bankruptcy will completely kill your credit. This will make it as hard as possible for you to get a loan for at least 2 years, except for credit cards. They will try to get you to go for the highest possible interest rate and the loan or credit card will cost you more than it is worth.

Last, you have to know how to deal with your credit after a bankruptcy. You need to get some counseling and hire a financial advisor to help. Sometimes there are volunteers at local churches that will help you set up a budget, and they will even help you take care of your debts if you choose not to file for bankruptcy.

You need to know what you are getting into with bankruptcy filings. Make sure to ask each and every question you have and get the answers you need so that you know what you are getting into and what to expect.

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How Anyone Can Avoid Bankruptcy

Are you trying to avoid bankruptcy, but don’t know how to do that? Then you have to understand the ways that you can use to achieve that goal.

There are many ways that you can use to prevent bankruptcy, but don’t eliminate this option altogether. For many people, bankruptcy may be the only solution. This is a decision you will have to make on your own or with the help of a professional.

Now, below are the different ways that can be used to help you prevent bankruptcy. Below are also the different steps that need to be taken for preventing this.

1. Get organized – For anyone that is serious about avoiding this solution for eliminating debt, you have to get organized. Getting organized will allow you to get a good handle on your debts.

It will also help you manage your money better, which is definitely important for debt elimination.

2. Get in contact with your creditors – No one wants to have to do this step, but it is imperative. You have to let them know that you are searching for a way to prevent bankruptcy. You may be surprised when they are able to provide you with a solution that you didn’t know about.

3. Get professional help – This is very important for avoiding bankruptcy. The professionals know what other options are available for you. Some of the different options they may suggest can include:

– Debt consolidation: This will help you get your debts paid off without having to use bankruptcy. Just be sure you check into this option carefully with the aid of a professional so you can decide if this is right for you.

– Debt management plan: With this option, you will set up a management plan with a consultant that will help you pay off your debts. This can be beneficial for eliminating debt and for getting your future finances under control.

– Personal budgeting: This is a solution that will work for some people, but is definitely not right for everyone. You have to be careful if you use this option to learn all you can to help you do it correctly.

If you don’t, then you will stay in debt and you may eventually have to take the bankruptcy option to get you out. Don’t eliminate the bankruptcy option altogether because this may be your only solution.

Be smart and talk to a professional about how to avoid bankruptcy so you can find the best solution for you in particular. Just be sure you don’t make a rush decision about the option you are going to use because it is a big decision to make and will affect your future. So, be sure that you are making the right decision from the start.

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Chapter 7 Personal Bankruptcy FAQs

Filing for Chapter 7 personal bankruptcy can be a very confusing process. The following information addresses the most frequent concerns people have when they consider bankruptcy.

Am I eligible to file bankruptcy? Once every 8 years, you can file a chapter 7. The rules as to when you can file a Chapter 13 and how often are more complicated. Your eligibility to file a chapter 7 does not depend simply on the amount of your debt nor the amount of your income each month. Our job is to help determine if you can file and if not now when you would be eligible to file.

What is the difference between chapter 7 and chapter 13? A chapter 7 bankruptcy is often referred to as liquidation bankruptcy. You file, eliminate what debt you can, keep what assets you are allowed to keep, and are done in about 90 days. Chapter 13 is where you agree to pay back to your creditors some percentage of what they are owed over a period not to exceed 5 years. In exchange, you get to keep your assets.

When do the creditor calls stop? Once you file, the bankruptcy law imposes a barrier against any creditor continuing to contact you by phone or letter, continuing any lawsuit, or levying against your wages, as a general rule, all creditor activity to collect on a debt must stop.

Will I be able to get credit after filing? Yes, but it might take a few years. The more time that passes since your filing, increases the likelihood that you will get credit in the future.

How long is the difference on my credit report? Your credit report will usually carry the filing for 10 years. Initially, your rating will take a deep drop. You might find it will drop down to 400. But we often find your rating, after about 3 to 4 years and no new debt, will bounce back to the 700s.

What can I keep if I file for bankruptcy? There are rules as to what you can keep under Federal law and under state law. Generally, you can keep your household goods and furnishings. You can protect a certain amount of equity in one vehicle per debtor. Your house is also protected by a certain amount of equity. Retirement accounts (IRAs and 401(k) are almost always protected. Beyond that, the equity in your other assets will determine what you can keep and what you have to buy back from the bankruptcy court.

Are you considering bankruptcy? Are you tired of being hounded by creditors, and losing your hard-earned pay to garnishments? Do you want a lawyer who cares more about you, than the contents of your bank account? Contact our firm today and get your fresh start!

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Child Custody

Custody Laws and Keeping Your Kids Safe

Unfortunately, it is happening more often lately, that the children become caught in the middle of their parent’s battle. Often it becomes more of a desire to beat the other parent than it does about the parent’s original intent, to spend the most time with the child they love. Sometimes, however, the battle is for less worthy reasons. Regardless of your reasons for seeking child custody, we all need help with custody laws, so here is some advice to keep in mind.

In dealing with custody laws, have you given any thought to avoiding outright court by trying a mediator instead? Most judges in some states won’t even hear your case until you’ve seen a mediator with the other parent. Your attorney has the right to represent you even during the custody laws mediation process. What you need to worry about is that you make sure that you really do try hard to work with the custody laws mediator and your kids’ other parents. You have the right to ask for new custody laws mediators if you feel the one you have is biased in any way. Your lawyer will explain the specifics of custody laws mediation to you.

Even though most parents don’t want to hear this, there are times when neither parent is given custody of the child in question by the custody laws. If the situation warrants it, a judge will involve other family members or even child services and award custody laws to one of them. The judge will determine that neither parent qualifies for sole custody, and is then forced to resort to this custody law. If your lawyer tells you this is an option of the custody laws, be sure and prepare yourself for it.

One part of receiving optimal child custody help is to better yourself. Make sure that all of your paperwork has been filled out in the proper method. You will be able to get help with this from your attorney. It is rather critical that your paperwork is filled out the right way, the first time. The last thing you want or need is to have your case delayed even further because you forgot to sign something or include a required document. Ask your lawyer to go over your documents before they get filed to make sure that everything is dotted, crossed, and signed. There are many reasons to seek help with custody laws. Perhaps there are options you weren’t aware of and you just want to know for future reference? Perhaps it’s a loved one or relative? You should never lose sight of the fact that there are more people involved than just the adults. This is not a trivial matter. These custody laws are the reason that the family court is its own entity. Be very careful with custody laws.

Custody Rights of the Parents

Nobody wants to get in a dispute with their ex, regarding custody rights. The fact is that having quarrels with the other parent of your kids about custody rights can be quite agonizing to everyone else in your family. Having arguments about custody rights is sometimes inevitable. There are a variety of reasons for people to fight when it comes to custody rights. When they do, they make a lot of innocent people suffer along their way. How do you take care of your children while still making sure they are totally free from harm? In this article, we will discuss some of the resources that you can check out for assistance with child custody rights.

During your pursuit of custody rights, you will be asked lots of questions, some even multiple times. Working with a mediator or even going to court will mean even more questions. It is imperative then for you to be honest. While answering don’t embellish the story, or lie about what happened. Trying to make the other parent look bad or yourself better will be tempting but should be avoided. It is best for you to answer as honestly as you can and stay close to the facts, even more so if you are looking to get to spend more time with your kids. Your case will suffer if any lies or manipulation on your part are discovered, and in most cases of custody rights, it is.

In some unfortunate cases, neither parent is awarded custody rights. Unfortunately, some instances require the judge to award custody rights to a family member or child services. If neither parent can prove that they deserve to be the sole provider for the household, the judge will resort to this less than ideal situation.

If your lawyer tells you this is an option, be sure and prepare yourself for it. There are a lot of pros and cons to taking custody rights to court. The best way to help yourself with your child custody case is to familiarize yourself with these.

Happy, safe children are a very good pro, once the child is placed with the most qualified parent or guardian. The downside of this, especially if the custody battle is particularly nasty, the child will be yanked through this. Discuss all your options and any negative outcomes with your attorney prior to making a decision on custody rights issues. Nobody desires to confess they need a helping hand with custody rights.

When a child is born the parents rarely imagine a day when they may need the law to step in and decide what is in that child’s best interests. The most imperative thing to bear in mind when contending with custody rights is that it is your child’s best interests that need to be fulfilled in this situation and not your own. Tread carefully and make sure you know the laws in your state. You don’t want to be caught unaware of these custody rights.

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Child Custody Laws

Even though divorce has been going on for centuries, the courts look at child custody cases a bit differently today. There have been many changes over the years, and most of it has to do with the way society works today as opposed to years ago. Back in the 1800s, if man and wife were getting divorced the father would be the custodial parent. This was due to inheritances of estates and properties, as well as property laws.

During this time mothers were never allowed to receive custody. Once we reached the 20th century things began to change. Courts found that when the divorce involved younger children, the mothers were a better fit to care for them.

Now that we’ve hit the 21st century there have been additional changes, but the overall concept is the same. Somewhere in between, it was the mothers who were awarded the children the majority of the time. The courts believed this was in the best interest of the children, even when it wasn’t the case.

However, when you think back to years past it might not have always been in the best interest of the child when fathers were automatically awarded custody. In order to even the playing field, the courts needed to provide a few standards that would allow the child or children to have a good life in a divorced family.

There are some instances where the fathers have won child custody cases, but not near as much as the mothers. While this may be true, several states believe it is unconstitutional to place children in the mother’s care at all times. The funny thing is most of them do anyway.

These actions helped to create the Equal Protection of the Fourteenth Amendment. It’s a decree that was ruled in favor of by the Supreme Court so the child custody cases that went through lower courts couldn’t base their decisions solely on the generalization of the parents.

It is thought that even if the father doesn’t get child custody they have much more influence and visitation rights than they used to in child custody cases since this decree from the Supreme Court. This allows the father to be more active in the child’s life and on some occasions he can even receive joint custody. So even when the children live with their mother, he is still involved in making decisions about health care, education, religion, or various other fundamental issues.

Some courts will appoint guardians to visit the homes of both parents. This way they can see the living conditions, the type of parenting plans that are in place, and whether or not one parent’s household would suit the interests of the children better. Remember, they no longer give the children to the primary childcare parent so you cannot consider this a given in child custody cases anymore.

Parents can also try to change or modify the results of child custody cases once they are in place. If circumstances change for the custodial parent then the non-custodial parent may win sole custody, but again it will differ from state to state. It is always best to consult with a professional when looking at child custody cases as each case is different and the best interests of the child are at stake.

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Deadbeat Dads, How Do You Keep Your Kids Safe?

The fact of the matter is, arguing with deadbeat dads can be disturbing to all your other family members. Unfortunately, these arguments are going to happen. When they do erupt, they cause a lot of problems. How do you take care of your children and make sure they are totally free from harm? It is important for you to remember that regardless of what is going on with you and your child’s father, your child has specific needs that you need to meet.

Try not to let the deadbeat dad take precedence over the kids. If possible, keep the children from knowing the details of the battle unless necessary.

It can be tempting to talk badly about the deadbeat dad as a pawn in the divorce. Keeping the children first is the priority for most parents in these situations, but it is always good to be reminded! Be sure to make time for them and give them the support they need. This situation is hard for them also.

In most cases, sole custody is awarded for very exact reasons. For cases where deadbeat dads have a drug problem, a judge will make sure the kids are living in a drug-free home. Study other deadbeat dad’s cases. The importance of this increases if you find yourself on the “wrong” side of your case. You may find, that for your case to end in your favor, there may be changes to your lifestyle that you will need to make.

Your kids have an opinion on this too, don’t forget that. Most people fail miserably when it comes to talking to their kids about deadbeat dad matters. When your kids are very young, this is good. When they get older, however, it is a good idea to ask them what they want to do. Even as early as age 4 or 5 children can be very opinionated about whom they choose to spend the bulk of their time with. Many judges will ask to hear from the children in question, especially if the case gets tense or tricky. There are so many things that can quickly become complicated when you need to work out a custody arrangement with your children’s deadbeat dad.

It is of the utmost importance to be mindful that keeping your children in good spirits is much more important than the issues you have with your child’s father. Don’t let this slip your mind when you need to request his help. The more sympathetic you are to his case and the brighter you are about being the most optimal parent you can be, the more advantageous it will be for your kids.

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Divorce Attorney – Is divorce right for you?

No one has as much experience, knowledge, or expertise in Texas divorce cases as we do. Want to file for a quick and easy divorce? We specialize in getting you divorced as soon as possible. We have been helping couples and families with divorce cases for nearly 2 decades. We have experienced attorneys on staff and affordable legal representation.

Hiring our Texas divorce lawyers can help your divorce process go smoothly and timely. When looking into hiring a divorce lawyer, you will need to find a divorce lawyer that will meet your needs and help you acquire a fair settlement. Divorce is rarely easy to go through and it’s never fun for anyone. Finding a divorce lawyer that will take the time to understand your case and what is required will help you finalize your divorce and start your life again.

Divorce lawyers range from a great amount of experience to hardly any experience. As you search for your divorce lawyer, ask for references from friends and family and also ask the lawyer you are interviewing for their past history. A divorce lawyer will be able to provide you with how many cases they have worked on that included divorce, what the case included, and how well the outcome was. If you have special circumstances, you need to make sure your divorce lawyer has the proper knowledge on how to handle your case.

A special circumstance within a divorce can range from the custody of children, personal assets and property, and investments you have made as a couple. Your divorce lawyer should have the knowledge of the state and city laws and know how to equally divide what you own and make sure you will have the necessary means to live your day-to-day life.

Some questions you should ask your divorce lawyer before you hire them could make or break your divorce case. Listed below are some questions to consider asking before you hire a divorce lawyer.

• How long have you been a Texas divorce lawyer?

• Do you specialize in any fields that may help me with my divorce? Such as child custody, domestic abuse, dividing personal assets equally.

• Will my divorce case have to go to court? If so, how long will it take to finalize our divorce?

• How much money will I be spending to use your services?

There are many more questions that you can ask your Texas divorce lawyer, make a list, and be prepared when you interview them. You are the client that is spending money, make sure you get the services you need.

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