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Practice Areas
Bankruptcy
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"We are a debt relief agency. We help people file
for bankruptcy relief under the Bankruptcy Code."
We file many
consumer bankruptcy petitions, including Chapter 7 and Chapter 13
bankruptcy petitions. The policy behind the bankruptcy code is to give
consumers a fresh start and we assist our clients in the endeavor.
Bankruptcy may save your bills and reorganize your financial life.
Filing bankruptcy stops sheriff’s sales, evictions and lawsuits
against you. In complex bankruptcy and reorganization matters we offer
our clients the necessary resources and experience to address not only
the bankruptcy law issues but also the regulatory questions that often
arise in reorganization cases.
Divorce
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Divorce
is the termination of a marriage by legal action, requiring a petition
or complaint for divorce by one party. Some states still require at
least a minimal showing of fault, but no-fault divorce is now the rule
in which "incompatibility" is sufficient to grant a divorce.
The substantive issues in divorces are division of property, child
custody and support, alimony (spousal support), child visitation and
attorney's fees. Only state courts have jurisdiction over divorces, so
the petitioning or complaining party can only file in the state in which
he/she is and has been a resident for a period of time. In most states
the period from original filing for divorce, serving the petition on the
other party and final judgment (or decree) takes several months to allow
for a chance to reconcile.
Child
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Child
support is the court-ordered
funds to be paid by one parent to the custodial parent of a minor child
after divorce (dissolution) or separation. Usually the dollar amounts
are based on the income of both parents, the number of children, the
expenses of the custodial parent, and any special needs of the child. In
many states or locales the amount is determined by a chart which factors
in all these figures. It may also include health plan coverage, school
tuition or other expenses, and may be reduced during periods of extended
visitation such as summer vacations. Child support generally continues
until the child reaches 18 years, graduates from high school, is
emancipated (no longer lives with either parent), or, in some cases, for
an extended period such as college attendance. The amount and
continuation of support may be changed by the court upon application of
either party depending on a proved change of circumstance of the parents
or child. Child support should not be confused with alimony (spousal
support) which is for the ex-spouse's support. Child support is not
deductible from gross income for tax purposes (but may allow a dependent
exemption) nor is it taxed as income, unlike alimony, which is
deductible by the payer and taxed as the adult recipient's income.
Wills
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A
will is
a written document which leaves the estate of the person who signed the
will to named persons or entities (beneficiaries, legatees, divisees)
including portions or percentages of the estate, specific gifts,
creation of trusts for management and future distribution of all or a
portion of the estate (a testamentary trust). A will usually names an
executor (and possibly substitute executors) to manage the estate,
states the authority and obligations of the executor in the management
and distribution of the estate, sometimes gives funeral and/or burial
instructions, nominates guardians of minor children and spells out other
terms. To be valid the will must be signed by the person who made it
(testator), be dated (but an incorrect date will not invalidate the
will) and witnessed by two people. In some states the witnesses must be
disinterested, or in some states, a gift to a witness is void, but the
will is valid. A will totally in the handwriting of the testator, signed
and dated (a "holographic will") but without witnesses, is
valid in many, but not all, states. If the will (also called a Last Will
and Testament) is still in force at the time of the death of the
testator (will writer), and there is a substantial estate and/or real
estate, then the will must be probated (approved by the court, managed
and distributed by the executor under court supervision). If there is no
executor named or the executor is dead or unable or unwilling to serve,
an administrator ("with will annexed") will be appointed by
the court. A written amendment or addition to a will is called a
"codicil" and must be signed, dated and witnessed just as is a
will, and must refer to the original will it amends. If there is no
estate, including the situation in which the assets have all been placed
in a trust, then the will need not be probated.
Personal
Injury go
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We represent
clients with personal injury cases, including automobile accidents,
slips and falls and other accidents involving negligence. In addition to
representing individuals who have been injured, we also have
successfully defended individuals and companies where insurance is
unavailable or inadequate.
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