When you need legal help in NYC
courtattorney.org is the answer. It happens to the best of us everyday,
something happens to us that involves the law and we have no clue where
to start. We don't know if to to call a lawyer or we do not feel the
issue is a stage to call a lawyer. We would just like to speak to
someone before we speak an attorney. This is exactly why
courtattorney.org was established. We are your mediator when it comes to
the law. We will give you the answers to need prior to speaking to an
attorney. Call us today for anything law related from real estate,
divorce, probate family, traffic, criminal, immigration, SSD, Workers
Compensation, personal injury, debt, bankruptcy, foreclosure and more.
Probate Lawyers Assist With Administrating Estates
Whenever a relative passes on, there is always plenty that needs to be done. It is a difficult time and most people just aren’t prepared to deal with legal paperwork at these points in their life. It becomes even more difficult if you are named as one of the executors of the will. This article will explore a few of the options available to you if you are named as the executor of somebody’s will. A probate lawyer can help you better understand the duties involved with being the executor of someone’s estate and how to best handle that responsibility.
Duties of an Executor
Those designated as executors of wills are responsible for a range of duties all related to the administration of the deceased estate. If you are ever assigned as an executor, it would be best to consult a probate lawyer immediately.
The executor usually needs to collect the estate’s assets, calculate and pay for any taxes or expenses in relation to the estate and making sure that the estate is divided among the beneficiaries in the way intended in the will.
There will be plenty of paperwork involved to make sure everything is divided properly and within the given time frame.
Should anybody ever contest the deceased will, usually a relative, then this opens up several new scenarios and options. The most common reason somebody contests a will is that they believe they were unfairly excluded or not provided with a big enough share.
Another common reason to contest a will is if somebody believes the will estate was not administered properly. You must make sure that you follow the law when acting as executor and that you fulfill your responsibilities on time and accurately.
You must absolutely go to a probate lawyer if you are an executor and the will is contested. You will need legal advice on how to handle the matter.
If there are 2 or more executors named in the will then contentious probate can sometimes occur because the executors do not agree with how the will should be administered. This can happen because the executors interpret the instructions of the will differently from each other. In instances like this, a probate lawyer can give you advice on how to proceed with the matter.
By getting help from a probate lawyer, you can act out your duties as executor of the deceased estates smoothly and save yourself a lot of time and avoid more stress during an already stressful time in your life.
There are multiple things that can happen during probate and these are only a few examples of a number of things that you may have to deal with as the executor of someone’s will. It is highly recommended that you seek out professional legal help should you ever feel confused or have any questions on the matter. Probate law, just like most other aspects of the law can be very complex but the whole process is simplified when you receive help from a professional.
A Queens Ledger Featured Probate & Estate Attorney
Law Offices Of Roman Aminov 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682.
Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 Aminovlaw.com
Ask A Workers Comp Lawyer If Your Insurance Co. Is Cheating You
The practice of good faith insurance requires worker’s comp insurance companies to manage all claims in a timely manner and to cover all legitimate bills related to your worker’s compensation claim. It’s considered bad faith practices whenever insurance companies act negligently and delay payment to legitimate claims. Other commons ways that insurance companies act in bad faith include:
Tampering or hiding evidence that supports an injured employee’s benefit requests
Cutting off the worker’s compensation benefits which is a direct violation of state law
Handpicking the medical care provider to give to an injured victim
Neglected to investigate a claim in a timely manner
If you are trying to claim benefits and you have reason to think your insurance company is acting in bad faith, then here are the next steps you should take:
Review your insurance policy thoroughly
You have to check if your claim fits within the guidelines and limitations of your policy. You may disagree with your insurance company and feel cheated but it may not mean that they are acting in bad faith exactly. If you want a comprehensive review of your policy you should consider contacting a specialized lawyer.
Pursuing a claim against your worker’s compensation insurance company means having to collect plenty of paperwork and documents. You need to have a detailed record of your interactions with the company along with all your medical care. You need to have copies of all written correspondence made by your company, your doctors, and yourself. Keep a record of the names of representatives of your insurance that you talk to along with the date, time, and topic of your conversations.
Get in touch with your director and commissioner
You’ll need to send a letter to the director of claims at your insurance company and ask them to take review your claim. If they decline, then you will need to contact the commissioner of the department of insurance within your state and ask them to take a look at your claim.
Get a lawyer
If you don’t have a lawyer by this point, you’ll need one that specializes in bad faith insurance practices and federal worker’s compensation laws. All companies that cannot fulfill their responsibilities to their injured employees can be charged with legal action. Once brought to court, companies that are guilty of bad faith practices are responsible for paying claims made in the past and for paying all damages that has been incurred due to their negligence.
Though most companies are professional and can be relied on, bad faith practices are still common occurrences. If you think your company is acting in bad faith, then you are well within your rights to seek out compensation and repayment.
Make sure you get a competent lawyer to defend your rights and fight on your behalf. Most people only get once chance at fighting this in court and failing the first time usually means you don’t get another chance. Do it right and get a lawyer you can trust.
Shulman & Hill Workers Compensation Firm 44 Court St, suite 808 Brooklyn, NY 11201 (718) 852-4700 shulmanwc.com
For more information on this topic Click Here now. You may also learn more on our workers comp recourse site at: shulman-hill.com
Is An Immigration Lawyer Necessary For US Citizenship
get this out of the way first -- An immigration lawyer is not necessary
to become an American Citizen. That doesn’t mean they aren’t useful, it
simply means that they are not a requirement for citizenship. Seeking
out the aid of a lawyer that specializes in immigration comes to a
matter of preference for most immigrants.
All honest and reliable immigration lawyers will agree that everything an immigrant needs to do to become a citizen can be learned -- you just need to know where to look and what to learn. If an immigrant needs to have their green card renewed, they can go to the USCIS website, get the right form, fill it up, and pay the fee themselves. It’s simple and does not require the assistance of an immigration lawyer in most cases.
There are other immigration matters though that may seem simple at first but can become a big problem for immigrants. Filling in the wrong information or omitting certain details in paperwork can case a lot of problems that could have been easily avoided. For example, you could have somebody with a criminal record due to minor misdemeanors like jaywalking 5 years ago applying for naturalization ending up in removal proceedings. Matters like this need to be addressed in a certain manner.
Other things that can cause problems include complex immigration matters that most people don’t know how to handle like submitting different kinds of waiver applications or choosing from the multiple kinds of employment-based visa categories. The most difficult and stressful of all would be being placed in removal proceedings that usually take multiple hearings in immigration court.
With that out of the way, here are more reasons immigrants should consider hiring immigration lawyers.
Immigration laws are very complex
Getting help from somebody who knows the ins and outs of immigration laws and actually keeps up with the constant changes can make all the difference to becoming a citizen with the right to live and work in the U.S. to being deported out of the country.
An immigration lawyer can help you avoid future problems
Since it is so complex, immigrants handling immigration cases on their own have a lot to take in. It becomes even more difficult if an immigrant is pressed for time, which is almost always the case.
Another common problem is immigrants being unaware that they have immigration problems to begin with. This usually manifests at the worst times such as leaving the country and being unaware of the fact that they cannot re-enter the United States for at least 10 years.
As mentioned in the beginning of the article, an immigration lawyer is not necessary in becoming a U.S. citizen. Getting the help from one though can be very helpful and raises your chances of becoming a citizen. Immigration law is very complex and you need to handle it the right way. Most people only get one good shot. It’s up to you how you use your chance. If you still have questions regarding your legal status or need help attaining citizenship you should click here. We always advise all of our clients to take the proper steps today and enjoy all the USA has to offer in a legal way.
Vernikov & Mansour NYC Immigration Lawyers 70-20 53rd Rd, Queens, NY 11378 (347) 460-9372
Vernikov & Mansour NYC Immigration Lawyers 200 East 116th Street New York, NY 10029 (917) 753-1862
How Lawyers Can Help You With Chapter 13 Bankruptcy
Depending on your situation, filing for bankruptcy can be seen as the defining failure of your life or a release from the shackles of everything holding you back. Regardless of how you see it, bankruptcy has a massive negative impact on your credit score. It can take a very long time to fix your credit but bankruptcy is by no means the end of the world.
It is important that you review your mistakes and make sure to learn from them. Eventually, you can find a way to become financially stable once again. Regardless of which chapter you’ve filed under, so long as you have your health, there is a very good chance of making it out of this stronger.
So what should you do to get through Chapter 13 Bankruptcy? Listed below are the basic steps you will need to follow. Each point will need to be explored in greater detail but you should get a clearer idea of the bigger picture and what you’re facing after reading this.
Gather all the details you can
Make sure you keep track of all the relevant details of chapter 13 bankruptcy. Find out how it will affect you, particularly, how it will affect your debts. Will any debts be eliminated? Will any debts simply be lessened or not affected at all? It would also be a good idea to understand the difference between Chapter 7 and Chapter 13 bankruptcy programs. If you are confused about anything contacting a local bankruptcy attorney would be the next step.
See what the payment plan will be before filing for bankruptcy
You will need to see what kind of payment plan you will be dealing with once you’ve filed for Chapter 13 bankruptcy. The court will decree and outline the plan so it becomes legally binding. To remove your debt, you will need to follow through with the payments dictated in the plan.
Develop a strict budgeting plan
This should go without saying, but is still a rampant problem amongst those filing for bankruptcy. Chapter 13 is focused on repayment and is also called a reorganization plan. With thorough budgeting techniques, money saved can be used for payments and will eventually lead to paying off the debt completely.
Construct a plan to rebuild your credit score
Along with paying back your debt, you will also need to work on building up your credit score. It may take awhile but it is definitely possible to fix a bad credit score.
Make sure you get proper help before filing for bankruptcy
Filing for bankruptcy is an incredibly complicated process. If you are considering filing for bankruptcy as an option, you will need the help of an experienced bankruptcy lawyer who can help guide you all the way through. Getting a seasoned bankruptcy lawyer can even lead to some of your debt being drastically reduced or written off completely.
Filing for bankruptcy is a major decision that will affect the course of your life for several years. You will definitely want help getting through all the legal obstacles in order to come out of it okay.
Robert A. Bankruptcy Lawyer Queens NY 73-19 174th street Fresh Meadows, NY 11366 (718) 206-1035 7bankruptcylawyersny.com
Legal Advice For Women Seeking A Divorce
Women who are considering a divorce should prepare for all sorts of things. Being prepared will make the whole process go more smoothly and to avoid common mistakes. Majority of divorce cases go through some common mistakes that delay and make the proceedings more difficult but by following the right tips, women can avoid most or all of them.
As soon as you are sure of yourself and have taken the first steps to officially file for divorce, all the financial details surrounding your marriage will need to be collected. You will need to prepare paperwork covering tax documentation, mortgage statements, bank statements, and all other related files dating back to a minimum of 3 years.
What you can expect
In most instances, both spouses will receive half of the marital estates and assets but this will depend on what state you live in. Knowing the value of your estate is very important. Some women, especially stay-at-home moms will feel that since they don’t have an income that they will not be given their half. In most cases though, women in situations like this will still receive their fair share of the estate.
Get a Competent divorce lawyer
Once you have collected all the necessary information, your next step will be to hire a family law lawyer. A competent lawyer will be able to take the burden off your shoulders and answer all the questions you have about the legal process of divorce as well as all of your options and the possible outcomes.
There will be cases where your lawyer will help you settle things out of court with your spouse. A mutual agreement like this will save you and your spouse a lot of time and money as well as be much less stressful than the usual process.
What you should never forget though is the impact that a divorce can have on your children.
You should always follow the advice and suggestions given to you by your lawyer. An experienced lawyer will have seen and handled numerous divorce cases and understands what can affect the outcome of divorces. Below are a few common tips given out by divorce attorneys to women.
Follow your attorney’s suggestions and not anyone else. They are speaking from experience and generally know better than family or friends.
Learn more about divorce laws in your area and draw up a to-do list of what you need to do.
Maintain a lifestyle as close to normal as possible. Avoid any sort of significant change to your sleep and diet.
Divorce results in all sorts of negative feelings. Set aside enough time to process and heal from the situation.
Expect to handle a lot of paperwork. Stay organized and on schedule.
Always stay calm in a courtroom. Avoid any urges or temptations to panic or lash out. It is likely that you will not get everything you expect and losing your composure will only hurt your case.
- Avoid bad mouthing husband around your children. It is usually better to allow them to continue a relationship with their father and to let them figure out for themselves what they want.
Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com
Understand Personal Injury Law Prior To Speaking With An Attorney
Let’s start with a common misunderstanding about personal injury laws -- Medical negligence and car crashes do not fall under personal injury laws. Any kind of injury that comes as a result of someone else’s negligence is counted as personal injury and is filed under tort law of your state.
So keeping that in mind, car accidents, truck accidents, aircraft accidents, slips and falls, pesticide exposure, DUI accidents, medical malpractice, wrongful death, dog bites, and product liability are all under personal injury cases if somebody’s negligence results in harming a third person.
Every area of personal injury law will have lawyers and law firms that specialize in that area only. This goes to the farthest extreme and it isn’t unusual to find slip and fall lawyers, accident attorneys, car crash law firms, medical malpractice lawyers, DUI lawyers, etc., are all available to help victims get compensation.
If you should ever find yourself in an accident due to somebody else’s negligence, you’ll want to consult a lawyer immediately to maximize your success of suing the guilty party. Since personal injury laws are defined within a state level, your personal injury lawsuit will be handled within local courts. So if you have an accident outside of your state of residence, you will need to take legal action within the state the accident occurred in.
is the very reason why you only work with state or local attorneys
only. State lawyers are simply better equipped and hold more in depth
knowledge of state laws thus providing more helpful. Seek out
experienced attorneys within your state to raise your chances of winning
your case. Personal injury attorneys will provide guidance for their
clients, helping injury victims throughout the whole case.
Part of a personal injury lawyers job includes devising the best plan of action, gathering injury or accident evidence from doctors, collecting other supporting documents and aggressively fighting the case until justice is served.
Law firms that focus on personal injury can provide more specific help with all kinds of personal injury complains. The moment you get in touch with a reputable law firm, you will have advice on how to go to trial, what you need to say in court and what you shouldn’t say, how to address and speak to opponents and several other key aspects for winning your case.
Certain accidents, such as a slip and fall, can lack evidence. Basic motor vehicle accident injuries that are a result of poor road-maintenance or poor management on the part of a business can cause all kinds of damage but proving the guilt of a business owner will be very difficult. This is where experienced and capable personal injury lawyers come in gathers all the necessary evidence, follows all the procedures, tackles the case in the right way, and wins that difficult case and gets you the proper compensation you need to take care of your injuries and get you back on the road to recovery. When it comes to getting properly compensated, make sure you work with a competent and reliable lawyer, you get one shot. Make it worth it.
Robert A. Personal Injury Law Queens 134-29 Kew Gardens Rd Jamaica, NY 11418 (718) 206-2512 injurylawyerqueensny.com
How Real Estate Attorneys Can Help You Buy Or Sell A Home
A lawyer that specializes in real estate law can be tremendously helpful and can streamline the entire process for you. They will document and review all property transactions including purchases, appraisals, inspections, and leases. They will help out with fixing any environmental and insurances issues should there be any. Should any real estate transaction fall through, a real estate lawyer can defend property owners in court if there are any lawsuits.
One of the most important tasks a real estate lawyer will handle for you is to make and revise all documents involved in the real estate transaction and ensure that it is all in adherence with real estate law. Lawyers will make purchase contracts, financing agreements, conveyance transactions, leases, and rental agreements and will help you understand where you stand in each case. You also need to understand that property agents can help their clients with these kinds of paperwork but only a licensed real estate lawyer with the right experience can draft and revise these documents.
Real estate lawyers with experience in several kinds of property transactions usually receive requests to negotiate better terms and conditions on their client’s real estate deals. This kind of work involves working with other brokers, lawyers, investors, and developers.
A few lawyers specialize solely in reviewing and giving sound advice regarding real estate transactions. In cases like these, clients usually negotiate their own transactions and even sign the contract after which they will have the real estate lawyer review their transaction and give their professional advice on it. The involves looking through the title issues, and environmental issues as well as any reports, contracts, or other documents that will affect the deal. These lawyers exist because they are properly trained to find and point out issues that most people would not find or recognize.
Real estate transactions can fall through for all sorts of reasons and when things don’t go as planned in these transactions, they usually end up in a lawsuit. This is when you’ll really need an experienced legal expert. Real estate law attorneys will draw up the legal pleadings to file with the judge, file all the necessary appeals when needed, and bargain with the legal counsel on the opponent’s side to work on a settlement deal. Real estate lawyers will participate throughout all the necessary court proceedings and hearings.
Real estate attorneys are specially trained to handle mortgage and trust foreclosures. They are most active during difficult economic times and will help their clients better understand the foreclosure process or find mistakes that were made and make it clear to their client. They are also there to help devise a settlement to stop the foreclosure from progressing.
Real estate lawyers are crucial in many cases involving real estate law. The duties and responsibilities they have in brokering all sorts of deals have saved countless people from financial difficulties. If you’re ever in a tight spot in the middle of a real estate transaction, find a lawyer you can trust and you can be sure to get out of it with minimal damage.
Robert Aronov & Associates, PC 1172 Coney Island Ave, Brooklyn, NY 11230 (718) 206-4107
Robert Aronov & Associates, PC 1225 Franklin Ave #325, Garden City, NY 11530 (516) 512-8967
Robert Aronov & Associates, PC 305 Madison Ave, New York, NY 10017 (212) 807-5525
Real Estate Lawyer Westchester: Aronov Esq 75 S Broadway, White Plains, NY 10601 (914) 819-5787
Robert Aronov & Associates, PC 88-02 136th St Jamaica, NY 11418 (718) 206-1555 realestatelawyernys.com
Consulting A Traffic Lawyer Pays Off Big
Everybody hates getting ticketed -- Especially New Yorkers where the prices of speeding tickets and moving violations are through the roof. If you ever been ticketed in any part of New York, it would be best for you to consult a Traffic lawyer. It might seem a bit of an overreaction for what seems like an ordinary inconvenience but going to a lawyer that specializes in traffic law will be worth it and will save you time and money. Traffic lawyers know exactly how to plan the right strategy to fight all kinds of tickets. You can expect the charges to either be reduced or even be dismissed completely. Your lawyer will take care of it for you.
So is it worth fighting a ticket?
Most people think the best course of action is to simply pay the traffic fine and move on with their life; usually if its for offenses like illegal parking. The misconception here is that people think these things are nothing to make a big issue about. This is wrong.
Misdemeanors and offenses can rack up points and are tied directly to your driver’s license. This can result in your license being suspended or even revoked. Also, your insurance costs can go higher since insurance companies have access to this information and will definitely use it as a reason to raise prices.
If that isn’t enough to convince you, here are more reasons to consult Traffic lawyers:
Lawyers specializing in traffic law know how the whole process works and how to negotiate the accumulated points on your driver’s license. It takes 11 points for you to lose your license. If you are caught for speeding, you can be penalized up to 9 points on a single ticket, depending on your speed.
Charges that you plead guilty too will be on your record for up to 3 years. If you ever get ticketed once a year, your driving record may result in a suspended or restricted license.
Having your license suspended or revoked can also come with a steep fine. People usually drive cars as a means to get to work. If their only means transportation is taken away, fines become much more difficult to handle.
Fighting the traffic violation on your own or with a lawyer that doesn’t specialize in traffic law can lead to even worse circumstances. You could be made to go to traffic school which is time consuming, expensive, and can potentially ruin your schedule.
Successfully fighting a traffic ticket can spell the difference between affordable car insurance and the risk of driving without insurance -- which is illegal in New York. Too many points racked up against your license is used by insurance companies to raise your rates or refuse your business.
you ever get a traffic violation in New York, your next move should be
consult a traffic lawyer. It may not seem it like it but now that you
are slightly more well informed, you know why it will definitely pay off
in the long term.
Benjamin Goldman Law Office 189 Southwoods Dr, Monticello, NY 12701 (845) 391-3615 upstatenewyorktickets.com
Make Sure You Get Title Insurance From Your Real Estate Lawyer
After years of working hard, making the right financial decisions, and saving enough money, you finally have enough to make that first down payment on your dream home. You bargain with the seller and get a great deal. So far, everything is going your way. But before you even get the chance to settle into your new life, you receive a court order telling you to vacate the property. It seems your new home is tied up in an old legal issue.
This painful scenario has happened to a some property owners and the unforeseen legal expenses have ruined a number of lives. All of it can be avoided though if proper title insurance was in play.
What is Title insurance?
This is insurance that protects you from loss that comes from title problems. These problems can include, but aren’t limited to the following:
outstanding property tax piled up from the previous owners
people claiming to be the true owners of the property but have not showed up untill now.
invalid title documents
several other issues
Some property buyers tend to overlook certain details in a real estate transaction. This leads to problems like the aforementioned scenario and these problems can lead to:
possible loss of property
Applying for title insurance will make sure you never have to deal with problems like these.
How do you get title insurance?
When you apply for title insurance on a property, the first step of the process is a title search before the purchase of the property. Seasoned property lawyers or title insurance companies will handle this for you.
Thorough checks are done on documents at the local land records office looking for any title defects like liens, pending mortgages, pending taxes, previous property transaction problems, and a myriad of other issues related to titles.
If the property is clean and passes this rigorous check, title insurance is granted and then you can feel safe purchasing the property. The responsibility now lies on the insurance company and title insurance lawyer who conducted to check should any problems regarding the title come up in the future.
Once you have title insurance, any kind of loss incurred protecting your title will be covered by your insurance. The insurer will take care of all legal fees and will even reimburse you should the property be seized.
Finding the right title insurance form
Title insurance rates will be different with each firm you check. Do your best to find and compare different policies to see which one is the best deal on your property. It’s a good idea to try talking to the clients of a firm before making your decision. It’s also worth noting that a lot of firms offer discounts if your property fall under certain criteria. See if you are eligible for these discounts.
Before signing an agreement, you have to know what exactly you are getting into. If you find yourself confused or with more questions than answers, your next step would be to get a good title insurance lawyer you can trust to check the document for you. All this work will be worth it if it means avoiding any problems regarding your title.
Chapter 7 & 13 Bankruptcy Law In NY Explained
While every businessman has a strong desire to succeed, being in business does not always mean being on the good side of deals. There may come a time when the expenses become bigger than the profit. Whatever the reason may be, a businessman must bear in mind that every problem has a possible solution. When there is no clear choice, an alternative outlet is a great help. Sometimes businessmen try to solve things out of court. But it doesn’t always work that way. That is when bankruptcy is the next action.
From the Italian word “banca rotta” which means “broken bench” in English, bankruptcy is a person’s state of inability to pay his debts. Depending on the situation, there are different types of bankruptcies. The process begins when a debtor files for bankruptcy in court. The filing can be done by individual proprietors, spouses, and even by a company.
It helps businessmen and debtors find a way out of debts by liquidating their properties and making a structured plan to maximize the value of liquidated assets. The distribution of proceeds to the creditors is then done to help the debtor as part of their repayment plan. Through this, the aggressive collection of creditors can be avoided thus giving the debtor piece of mind whilst trying to free themselves from their financial crisis.
In certain conditions, some considerations can be given to the debtor. United States Courts have released their Bankruptcy Basics wherein the considerations, processes, limitations, and restrictions for filing bankruptcy are discussed and explained. Chapter 7 is one of the most talked about Bankruptcy options. Once done, it can only be repeated after a period of six years. Here, full control over the properties and debts are given to the bankruptcy courts. With this type of Bankruptcy, the court can relieve the debtor of paying certain debts.
There is also the process of “Automatic Stay” which restricts the creditors from collecting the owed item or property. It also involves the exemption of the property the debtor bought after filing for bankruptcy. In the event that a trustee finds a non-exempt property in the debtor’s custody, he has the option to surrender it or pay the equivalent amount to the trustee. Though still making up for the financial trouble they got into, the debtor can be given a start in terms of financial strategizing, since there still are lenders who will lend money in spite of hearing about the bankruptcy. However, after this process there will be a discharge of debts except for child support and student loans.
There are so many elements that can contribute to the success or failure of a business. At times, resources, strategies, connection, and wisdom may not be enough. No matter what the reason may be, bankruptcy is just an alternative step to help businessmen from falling completely into the pit. If possible, try all other options to have the issues resolved before having to file for bankruptcy. Filing for bankruptcy is usually done as a last resort.
Chapter 7 is by far, the most common choice when it comes to filing for bankruptcy. But among all chapters of bankruptcy filings, Chapter 13 is the second most common choice and together with the new law, a lot of debtors will definitely find themselves filing for Chapter 13. Chapter 7 has its own complications including the new salary limitations which may lead people to go for chapter 13. This and other few newly added regulations have caused quite a stir, leading people to choose more carefully between their options.
The truth among all this is that no matter what chapter you choose, if you're not qualified for chapter 7, you are not eligible to file for it at all. You will have to file for a good alternative to suit your needs. Eligibility issues aside, many people would still opt for Chapter 13 because it has several options to offer that no other chapter does.
Here are some of the cases in which Chapter 13 would be applicable as the best alternative for the debtor.
1. You own a house
Chapter 13 does have some major inconvenience that individuals may not be so willing to agree on. It might take 3 to 5 years for this type of claim to be discharged. Also, the debtor must pay for those debts and they will not be written off instantly like chapter 7 claims. But this chapter tends to have less troublesome effects on assets such as personal properties as it works just like a repayment plan.
Houses are one of the most important things that a person can own. When filing for chapter 7, there's a higher risk of your house getting repossessed. Unlike chapter 7, in chapter 13 bankruptcy your properties won’t be in danger of being repossessed provided that you successfully repay the debt. Individual homeowners usually prefer to pay back their existing debt for the assurance of keeping their properties safe.
2. You have a non-dischargeable debt(s)
Non-dischargeable debts are debts that cannot be discharged through bankruptcy; these include, but are not limited to: alimony debt, child support, student loans, etc.. Chapter 7 might not be worth it cases like these. It is true that the rest of your debts will be eliminated but the remaining ones will have to be paid. However, proceeding with chapter 13 might be wiser so you have the option to work out a repayment plan for the remaining debt.
3. Your Co-signer on one of the loans you have
Having a co-signer always gives a boost on the loan approval rate and most of the time, people have their friends or family members as a co-signer. Remember: once somebody agrees to be a co-signer on your behalf, they become an immediate co-debtor. Proven that you are unable to repay any of this debt and you have decided to proceed filing chapter 7 bankruptcy, the debts will be discharged on your end, but not for your co-signer. Instead of creditors going onto your doorsteps pressuring you, they will go after the co-debtors instead. Chapter 13, however, does not pose a threat to the co-debtor. As a matter of fact, creditors will never harass that person if you keep up with your debts with the repayment program.
Mishiyeva Law- Bankruptcy Lawyer NYC 80 Wall Street New York, NY 10005 (646) 736-6328 kmbankruptcylawyerny.com