Bankruptcy Law
People file for bankruptcy for a number of reasons. Some common examples are:
- Stop wage garnishments
- Prevent creditor collections (such as bank levies and repossessions)
- End creditor phone calls and other annoying or harrassing debt collection tactics
- Stop or delay foreclosures or evictions
- Prevent ultilities from being shut off
Most folks get into financial difficulties through no fault of their own. Common reasons are:
- Medical bills
- Unemployment
- Business failure
- Identity theft
- Divorce
Bankruptcy can protect you from creditors while you get back on your feet. Even before you file, I can stop creditor phone calls and other harassments. Most importantly, filing for bankruptcy can provide you with a fresh start. I help people file for bankruptcy and obtain relief from their debts.
But, alternatives to bankruptcy should always be considered. Depending on your circumstances, some approaches other than bankruptcy may actually put you in a better position. If bankruptcy is not right for you, I can help you pursue other approaches, including debt forgiveness, debt elimination, and other suitable alternatives.
Consumer Protection
Consumer protection is rather self-descriptive. I help consumers protect their rights against those who would violate them. For example, debt collectors are notorious for calling family, coworkers, and neighbors in an effort to "find" you. However, they are not allowed to discuss your debt with other or even let on that the call is in regards to a debt. They are not allowed to call you or your family after you have asked them to stop.
But, consumer protection is more than just holding debt collectors accountable for engaging in illegal harrassment. Nearly everyone who sells a financial services (insurance agents, realtors, mortgage brokers, car dealers, etc.) has certain legal responsibilities. For example, just as an insurance agent has a legal duty to deliver your policy and to apply your payments properly, a mortgage company has a legal duty to manage your escrow account correctly. If those duties are not met, then I can help you hold them accountable.
Foreclosures
The country's foreclosure crisis is unprecedented. Between the government's attempts to bailout the banks and selling of mortgages on the secondary markets, the complexity of this issue has only increased. I can help you understand the foreclosure process. I can help you prepare for foreclosure or prevent it altogether. I can also help you avoid the numerous scams, including shortsales being used to strip equity from your home while still leaving you exposed to the mortgage. I can also help you understand your rights of redemption, which usually allows you to stay at no cost in your home for 6 months after the foreclosure.
Landlord/Tenant Disputes
Historically, landlords and tenants have often been at odds. While one wants the rent paid on time, the other wants to get what they are paying for. Usually, both share one common characteristic - they want to be treated fairly. However, when disagreements arise, the results can be expensive for both the landlord and the tenant. Understanding both your rights and your obligations under the law can help resolve the disagreements with minimal expense.
But, if the two sides cannot come to an agreement, then the law requires specific actions from both landlords and tenants. For example, landlords must obtain a writ of recovery from a court before the tenant can be excluded. But, if an over zealous landlord throws a tenant out without first obtaining the writ of recovery, then the landlord can be held responsible for damages. Further, if the landlord removes the tenant's property (in bad faith) without the writ of recovery, then the damages can be multiplied by 3. As you can imagine, the failure to follow the steps required by law can result in harsh consequences. I can help you reach a more favorable result when a dispute arises.