Categories
Bankruptcy

How to Commence a Bankruptcy Process- a Lawyer Tells

When a debtor files for bankruptcy protection, they are indicating that they can no longer pay their creditors. To start the bankruptcy process, a creditor will send a Notice of Bankruptcy to the debtor. This is the first step toward filing for bankruptcy protection. At the first meeting with the trustee, the debtor and their attorneys will discuss how to divide up the debt amongst the two. Click here to get a free consultation with a great bankruptcy lawyer.

Once the official bankruptcy forms have been filed, it is important to remember that a discharge in bankruptcy does not absolve the debtor of their debts. Discharge only gives the power of payment to the discharged individual. Creditors are still responsible for collecting the outstanding debts, as well as the late fees and penalties. When a discharge is filed, most creditors will cease collection activities and refer the matter to the Office of the Superintendent of Bankruptcy. When this occurs, collection activities cease as well.

 

The next step involves the petition. This is where the information provided by the debtor and their attorneys is used to gather the necessary information to file the petition. The petition must be filed in the appropriate court where the bankruptcy has been filed. Most counties will have a special county office for this purpose. The clerk who receives the petition must then enter the petition information on the appropriate forms and then send it to the court.

 

After receiving the petition, the judge will then give the petitioner a chance to respond to the complaint. If the petitioner objects to some aspect of the bankruptcy, they must do so in writing. However, if the complaint relates to minor mistakes, the judge may choose to ignore the objection and allow the proceeding to continue. On the other hand, if the petitioner agrees to a settlement, the case will move forward.

 

Once all of the paperwork has been filed with the court, an official hearing on the bankruptcy petition will take place. At this time, a trustee will attend the hearing and explain the entire proceedings of the case. Generally, the judge will then make his decision and either approve or deny the petition. If the debtor and their attorneys are agreeable to the terms of the agreement reached, a temporary name will be given to the debtor and they can begin rebuilding their lives.

 

bankruptcy attorneyIf an involuntary bankruptcy petition filing has been done, the results can and will be different than expected. Depending on the type of bankruptcy involved, the outcomes can vary greatly. Creditors are generally opposed to voluntarily petition filing as they feel that the original debts should be paid in full. However, if a lender is convinced that the debtor has suffered substantial damage and the only option left open is bankruptcy, he may end up allowing the debtor to file for protection from the creditors.

Categories
Probate

Law 101- Understanding Proceedings in Probate and Guardianship

Probate is the court that supervises the distribution of a deceased person’s property after his or her death. The deceased person’s will is then confirmed by the probate court, and the court then issues a probate court order allowing the distribution of the deceased person’s estate. Once the probate court determines who will administer the estate, a Probate Application Form is completed and must be submitted with the appropriate fees to the Probate Court before the estate can proceed.

The Probate Application includes the name of the deceased person, the date of death, last known address, personal information, heirs’ information, reasons for the petition, names of agents, and other required information. The Probate Application is also filed with the decedent’s personal representative. For more about this, visit www.miamiprobateattorneys.net.

Probate is not the same as being intestate. Although intestate law is a part of probate, the Probate Court typically allows estates to be distributed “pursuant to the exercise of powers conferred upon the Probate Court,” which typically means that the decedent had the ability to decide who would administer the estate prior to his or her death. Although the Probate Court does have the authority to act in behalf of the decedent, it does not have the authority to give final say on issues such as who should pay funeral expenses, manage estate assets, or determine how the deceased person’s property should be transferred to beneficiaries. In cases where there is a question as to who should make these decisions, the Probate Court may appoint an estate planner or personal representative appointed by the Probate Court. There are many Probate Attorneys available in San Diego.

 

Probate attorneys represent the interests of individuals who have been assigned the responsibility of handling their estates following the death of their owner. Probate involves many complex questions and the final answer may come from an attorney who has been appointed to represent that interest. In many instances, a probate application can be the first step in receiving answers to questions regarding how to deal with the estate of someone who has died. Probate attorneys are qualified to provide this type of legal assistance, and in most areas, they retain these qualifications even after a probate hearing has been completed and a decision has been reached regarding the probate.

 

Estate planning is not a simple task. Probate court permits a probate application to be filed if there is to be a meeting of the estate for which there will be no representatives. If this is the case, the applicant must provide documentation outlining the details of the decedent’s will and also must provide letters from important people that have been designated as agents for the decedent. These documents should include the Probate Court’s agent and should be signed by the Probate Court clerk. It is not uncommon for probate applications to be required before minor decisions regarding the estate can be made.

 

Probate attorneys can often provide more detailed answers to questions regarding how to handle the estate of a person who has passed away. Probate attorneys may be called on to assist in wills, to negotiate the settlement of estates, to decide on the division of property and other concerns regarding the administration of probate. Probate is the proper term for the process that occurs after the death of an individual. The court may appoint an administrator or a financial advisor to oversee the probate proceedings and to make decisions about the decedent’s property and other affairs.

 

Even if the Probate Court does not issue an estate plan or Probate Appraisal, it may still be possible to sell some or all of the estate for a settlement. If the decedent did not make a Will, his/her estate may be subject to Probate Appraisal. Probate attorneys can provide information about Probate and the assets that may be required for a settlement. Probate may be the proper term to describe the entire process of handling an estate following the death of a senior citizen.

Categories
Family Law

Things Parents should take into account when seeking a child custody lawyer

The experienced Child Custody Lawyers and Attorney’s at Seattle, Washington are uniquely committed to ensuring your legal rights are protected and ensuring your child’s best interests are first and foremost on any Child Custody, visitation or support issues. Parents are encouraged to seek the advice and representation of an attorney as soon as possible following the termination of their marriage or relationship.

There are a number of important considerations, parents should take into account when seeking the services of a child custody lawyer and/or attorney. These include but are not limited to: determining the child custody laws in your state, understanding the process and litigation procedure, and knowing the legal rights of your child. Many times a father or mother will make arrangements for visitation or may even agree on joint physical custody. However, the ultimate decision regarding where the child will spend most of her time will rest with the court and the child custody lawyer.

In deciding upon child custody arrangements, the courts are concerned with the best interest of the child, which is always considered the best interest of the child under the circumstances. For example, many cases revolve around the question of paternity. If the father is unable to prove he is the biological father, he will be awarded visitation rights. If the father does prove he is the biological father, he and the mother can work out an arrangement where she has sole legal custody of the child and he has primary physical custody. These are just a few examples of the kinds of cases the courts consider when deciding child custody arrangements.

Every state has different laws regarding visitation and custody. Although all states recognize the right of joint physical custody, the family court will consider what would be in the best interest of the child under the given circumstances. For example, in the case of a parent that has a serious alcohol addiction problem, it is very likely the other parent will be awarded sole legal custody. The parent may be required to participate in meetings with the child or have frequent contact with the child. If the parent is suffering from a serious mental illness, he may also be ordered to participate in meetings and be supervised by a psychiatrist or psychologist.

Some parents wonder how they should proceed if they are in a dispute over their parental rights and want to work out an amicable agreement between the two parents. Most parents agree that if they can reach an agreement, the child will benefit from both parents cooperating together and sharing their parental rights. Sometimes parents choose to go to court to pursue a custody dispute and their chances of winning greatly increase. In contested cases, the parents usually have to go before the family court to establish the paternity of the child. In these cases, the parents have usually agreed on a parenting plan and a custody agreement and have decided on which parent they will live with and which parent they will trust with their children.

There are many factors that can be considered when determining what would be in the best interest of a child under the given circumstances. Often times, it is determined that joint physical custody is in the child’s best interest. There are also times when one parent will try to establish a visitation schedule that is favorable for them financially. Once the parents have determined what would be in the child’s best interest, they can work together to establish and maintain an agreement that ensures the child has adequate medical and other needs. When parents are working together to establish a parenting plan, they are usually happier and the child has more access to both parents.