Bankruptcy Lawyer

You never dreamed that this would happen to you. Losing your job was a bitter pill to swallow. Paying for unexpected medical and car repairs bills have maxed out your credit cards. Now it’s hard to pay even the minimum monthly amount. You’ve missed the last two mortgage payments, and the collectors are calling every day.

Some of your friends are recommending that you file for bankruptcy; others tell you that filing will ruin you financially.

If you or a loved one are contemplating bankruptcy, here are a few things to keep in mind:

• You are not alone. More than 520,000 individuals and companies filed for bankruptcy in 2020.

• You need help. Ultimately, filing for bankruptcy is a public admission that you cannot pay your debts.

Which Kind of Bankruptcy Will You Choose?

While there are six types of bankruptcy, most individuals file under Chapter 7 or Chapter 13 of the federal bankruptcy law. Chapter 7, sometimes called “liquidation bankruptcy,” applies mostly to those with little or no disposable income. Most of your assets could be sold off to pay your creditors. Chapter 13, called “reorganization bankruptcy,” typically applies to individuals who have steady income. It allows them to keep most of their assets if they can meet their financial obligations as determined by the courts.

What Happens When You File for Bankruptcy?

• The nasty collection calls will stop immediately. The court grants an “automatic stay,” which prohibits creditors from contacting you or taking actions against you until your bankruptcy is discharged or a repayment plan has been completed.

• A court-appointed “trustee” will oversee your case until it’s discharged and handle all your communications with creditors.

• Many of your debts will be eliminated, including credit card debt, medical bills, personal loans, past utility bills and rent payments, and more. Other debts, like child support payments, federal student loans and tax debt, must still be paid.

• You may be able to keep your home, but under Chapter 7 you may lose many of your personal assets, including automobiles and other personal possessions.

• Your credit score will take a major hit for 10 years or more. You’ll lose all your current credit cards and will find it nearly impossible to secure a loan for a mortgage.

• Your ability to rent a home or to land a new job could be adversely affected.

• You’ll have to pay for court filing fees, bankruptcy trustee fees, credit counseling fees and attorney fees.

There are important options to consider with regard to bankruptcy, as a bankruptcy lawyer in Cypress and Llano, TX, at a firm such as Winfrey Law Firm, PLLC, can explain.

When you’ve been charged with a crime, you should not delay in calling a criminal defense lawyer in Vero Beach, FL. Handling your case on your own could mean that you enter risky territory without any strategy or roadmap. Your future could be put into serious jeopardy. 

A criminal defense lawyer can protect your rights and interests by developing a defense strategy for you on your behalf. Even if you are only being investigated, it may be worthwhile to consult with our firm. 

Pre-Investigation

The goal of a prosecutor in Florida is to win a case. If they feel they can secure a guilty verdict or plea, they will likely pursue an indictment. This confidence may be based on evidence collected by police during a pre-charge investigation. This evidence may include:

Your own statement

Witness statements

Physical evidence

Photos and videos

Digital evidence

If you believe you are under investigation, you should ask a criminal defense lawyer in Vero Beach, FL to help you. A lawyer will understand how to protect your rights, and will let you know what you should and should not do. At this time, detectives may kindly ask you to talk with them, the reality is that they may be looking for evidence to use against you. One wrong word can get you charged. Don’t expose yourself to any risk you don’t want. Call a lawyer

Sometimes, a lawyer can work with the police and prosecutors to help a client avoid charges all together – in exchange for cooperation. The lawyer might also help police to realize they have been looking at the wrong person. In the event you are charged with a crime, the lawyer who worked with you during the pre-investigation will already be familiar with your case and ready to help you fight your charges. 

Once You’ve Been Charged with a Crime

If you have been arrested and charged with a crime, your Vero Beach, Florida criminal defense lawyer may be able to help you with:

Getting a release from custody at a bail or bond hearing

Make sure the prosecutor turns over all evidence

Assess any evidence and identify problems or weaknesses

Filing a pretrial motion, as necessary

Suppress any unlawfully obtained evidence

Identify whether or not any of your rights were violated

Work with the prosecutor to arrange a plea deal that minimizes the potential consequences

Advocate for you during a trial

Argue for the lightest possible punishment during sentencing

Handle any post-conviction matters, such as an appeal, motion for relief, or expungement

A Vero Beach, Florida criminal defense lawyer can also make sure you understand the charges against you. You’ll know what to expect at each stage of your case, and understand how the evidence may help or hurt it. You’ll know what possible defenses are available so you can make the best decision for your future. If you have been charged with a crime, or are under investigation, don’t wait to see what happens, call a criminal defense lawyer in Vero Beach, FL now. 

It can be really confusing, keeping up with the ways that a restraining order can impact your life, especially if you’ve never had a restraining order before. It is important to know the how this order can impact your life whether you currently have one or may someday in the future be issued one, and if you have trouble understanding the use of an order assigned to you, you can talk to a protective orders lawyer such as the ones available at May Law LLP. 

Restraining orders are one of the most misunderstood legal orders that people have issued to them or against them. When you think of a restraining order, are you accidentally thinking of a no contact order? A no contact order is the order that means a person cannot contact you or go near you, and these are commonly issued in domestic cases, abuse cases, stalking cases or even harassment cases. 

A restraining order is an umbrella term as there are many types of restraining orders that are used based on the scenario they are used in. A restraining order can be a civil or criminal, depending on the type of order. The type of order you are issued will depend on who requested it, the victim and who they were, and the circumstances surrounding the case. 

Types of Restraining Orders

Domestic violence restraining orders are civil restraining orders, and can be asked for one if they are in an intimate relationship with somebody who is abusing them in that domestic relationship. The abuse can be physical, psychological, emotional, or sexual. Having this order against you does not mean criminal charges will necessarily be filed, but criminal charges may be filed if you violate the order. 

Civil harassment orders are another type of order that may not necessarily lead to criminal charges. A person can request this order to prevent someone else from harassing them. These orders are issued in cases that are not related to domestic violence. The person asking for the order is not asking the court to file charges against you but asking instead of protection. These do not lead to criminal charges unless they are violated.

Criminal protective orders are another type of restraining order. These are issued in criminal cases where a victim or witness needs to be protected from the defendant. These orders are issued in criminal cases involving domestic violence, other forms of assault, abuse, or harassment. They can be issued at any point once the offending person has been arrested. In more serious cases, the order may be issued on the spot so that the victim is immediately protected. There are short term, emergency scenarios, or long-term orders in this category. This could lead to criminal charges if violated. 

Violating any kind of restraining or protective order can cause you to acquire criminal charges. You could face jail time, fines and if you are on probation, it’ll affect you too. You could be charged with misdemeanors, a felony, or with contempt of court for violating these orders. Contempt of court is reserved for when a defendant willfully and intentionally disobeys the court’s orders. 

As you likely already know, workers’ compensation is a type of business insurance that provides benefits to you if you sustain an on-the-job injury or develop a work-related illness. Each state has its own workers’ compensation laws, which vary from state to state. 

For instance, some states, including North Dakota, Ohio, Washington, and Wyoming, require employers to participate in the state work comp insurance program. Other states, including Nevada, New Jersey, Oklahoma, and West Virginia, allow employers to carry private work comp coverage or to self-insure. Only Texas allows employers to completely opt out of providing work comp benefits to employees.

The Law in Texas

In Texas, an employer who opts out of workers’ compensation is called a “nonsubscriber.” If your employer is one of these, you can still recover damages for work-related injuries and illnesses by suing it directly. Unlike in a work comp claim, your employer cannot assert that you caused or contributed to your injuries or illness.

You can tell whether or not your employer is a nonsubscriber by checking your workplace bulletin board. Nonsubscribers are required by law to post a notice in an easily accessible area giving information as to what, if any, benefit program it has in place for injured workers and who to contact.

Self-insured Texas Employers

If your employer is self-insured, it can require you to do the following:

• See only pre-approved doctors and other health care professionals for assessment and treatment of your injury or illness
• Give recorded statements to claim investigators
• Waive your right to seek additional benefits after receiving treatment
• Refuse to pay you for any wages you lose as a result of your injury or illness

Even if your employer chooses to pay you a portion of your regular income, this likely will not be sufficient to cover your living expenses. In addition, your employer can stop making these payments to you at any time.

Obtaining Legal Representation

If you wish to sue your nonsubscriber employer for personal injury, you need the advice, counsel, and representation of an attorney experienced in these types of cases. He or she can guide you through the entire process and serve as your aggressive advocate in your claim for recovery of the economic and noneconomic damages your on-the-job injury or illness caused you.

Keep in mind that just because your employer chose to opt out of the workers’ compensation program, they still owe you a duty to provide a safe workplace. Consequently, an attorney, like a workers’ comp attorney from Polsky, Shouldice, & Rosen, P.C., can help you amass evidence that your employer acted negligently in this regard.

A will is a document that becomes effective upon your death. It is one part of a comprehensive estate plan that should include other legal protections to outline your wishes for your property. While a majority of these will go into effect after you die, there are some aspects that you should consider including that become active while you are still alive. A power of attorney is one such tool that an estate lawyer, like from the Yee Law Group, may recommend including in your comprehensive estate plan.

What Is a Power of Attorney?

Simply put, a power of attorney is a legal document you create, allowing another person to make decisions and take action for you when you are unable to. These documents temporarily transfer your personal legal right to make medical, legal and financial decisions to a person you choose. Creating one or more of these tools and incorporating them into a larger estate plan can allow you peace of mind that your best interests are represented by a person you trust.

What Is a Durable Power of Attorney?

Appointing someone to act on your behalf while you are unable to is something that a durable power of attorney does. This personal representative may be tasked with a specific task such as making medical decisions. You may create a durable power of attorney before you go into surgery, for example. Since you are unconscious and unable to authorize medical action, a durable power of attorney allows your representative to make these decisions as they arise. A durable power of attorney can be in effect before you are incapacitated and continue until your death.

What Is a General Power of Attorney?

When you are unavailable to sign a legal document, you may create a general power of attorney, allowing another to perform the task. This type of authorization allows a temporary transfer of your legal rights to another to perform a specific task on your behalf. An example of this is signing legal documents when buying or selling a house. A general power of attorney terminates when the particular task is complete.

Putting your affairs in order before your death is crucial to ensuring your family is cared for when you are gone. However, taking care of your own needs when you may be at your most vulnerable is just as important. An estate planning lawyer can be an excellent resource for this and other end-of-life matters.