Is A Bankruptcy Lawyer Necessary?

Anyone who decides to go through with filing bankruptcy needs to consider and think a lot. If you have made this decision after taking all the time you need, then now is the time for you to move forward. The most important thing is that you need to ensure the bankruptcy process goes smoothly and each one is done in compliance with the laws of bankruptcy. To do that, you should hire a bankruptcy lawyer, as he can make sure that your case goes smoothly and successfully.

 

What you may be wondering now is how you are expected to afford to hire a bankruptcy lawyer when you are clearly in financial distress. This is often decided between the court of bankruptcy and the lawyer you hire depending on the seriousness of your case. You will find the more you learn about bankruptcy the more you will begin to see that it is nothing like a simple call and debts are eliminated and you can start over. There are many steps which need to be completed and not every bankruptcy case works the same.

 

The first part of a bankruptcy case you may not be aware of is choosing which chapter of bankruptcy to file. There are 6 different chapters but the most common ones filed are chapter 7 and chapter 13. There is no one better to decide which chapter your situation falls under than a bankruptcy lawyer. The process of bankruptcy from here can be more than overwhelming. You will be inundated with paperwork and documentation to prove your income, your debts, your spending and your banking information to state just an example. It is at this point in the bankruptcy stage people either panic and cancels the entire thing because they do not know what they are being asked to do and they do not understand the process or they hire a bankruptcy lawyer to clarify everything.

 

Once you have decided to hire a professional they will guide you through the next steps which almost always include meetings with your creditors. During this stage of the process creditors as well as the bankruptcy court will try to organize a payment schedule to pay off your debts instead of liquidating your assets; if this can be avoided. Having a bankruptcy lawyer at your side during these meetings can really take a load of your mind and help you understand what is happening and what is best for your situation.

 

Many people assume once they reach the point of declaring bankruptcy, there is nothing anyone can do and it is nothing more than saying “I am bankrupt”. However, there is a great deal more to the process and there is no better step you can take than hiring a bankruptcy lawyer to guide you through to the other side. Don’t try to go through bankruptcy alone, you will find nothing but more stress, confusion and paperwork. It is a great deal of work so why not rely on a professional to help you cope?

 

Michael Krillman is a Minnesota bankruptcy attorney specializing in helping people become educated about their bankruptcy rights and understanding bankruptcy law. Learn more about Chapter 13 Bankruptcy and what you need to do to file.

Should You Trust the Living Trust?

A prospective client called one day, stating she needed me to draft a revocable living trust for her. “Why do you need that particular document?” I asked. “Oh, [insert name of TV pundit] says you must have a living trust in order to avoid probate.” “And why do you have to avoid probate?” I asked in response. “Because [pundit] says probate is a nightmare and you must avoid probate at all costs.” I asked the woman if she had ever dealt with probate before (“no”) and how many probate estates [TV pundit] had ever handled (none, since she is not a lawyer). I assured this caller that I had a lot of experience with probate, that it is not the “nightmare” some would make it seem, and that living trusts are not for everybody. The lady was nonetheless adamant about the trust, she refused to listen to me explain why the trust might not be good for her — or address her legal needs — and she hung up the phone on me.

I don’t like losing prospective clients, but if they do not at least listen with an open mind and discuss these heady legal issues with a professional who has expertise in this area, then perhaps they will not be a good client. The truth is, I would have gladly drafted a revocable living trust for her — since I would have made more money doing that than traditional estate planning — but before I did, I wanted her to understand all the ramifications of using this legal tool.  She was not interested in hearing what I had to say, and she chose to move on. This was alright with me.

Revocable living trusts (RLTs) have gained superstar status in some circles in recent years as a way to avoid probate. It is true, they do help avoid probate — if they are set up and administered properly. They also help avoid guardianship proceedings (more on that in a moment). But what many people do not understand is that often the living trust creates more problems than it solves: For example, the costs to set up the trust, transfer all the assets into the trust, and continue to maintain the trust properly over the Grantor’s lifetime often costs at least as much as probate, if not more. I often say to clients, “Why should you pay the costs to administer your estate? Why don’t you enjoy your money while you’re alive and let those costs come off of what your heirs receive later?” Because the truth is, there is no free lunch. Somebody is going to pay for transferring your assets to your heirs. 

Additionally, in my experience as an estate planning lawyer who also administers estates, most of the revocable living trusts I’ve dealt with have not led to a complete avoidance of probate. This often occurs because, as time goes on, Grantors forget to title new assets in the trust’s name. After death, when the Grantor’s family seeks my counsel in winding down the trust, there are assets that did not make it into the trust and we still have to file a probate proceeding. So what problem did the trust solve?

RLTs do help avoid guardianship proceedings, but there are problems in this area, too. While the trust appoints a designated person to take over finances if and when the Grantor can no longer make decisions, there is no day-to-day oversight on the job they’re doing. The only way to enforce compliance or demand proper performance is to bring an expensive litigation proceeding. The guardianship proceeding, on the other hand, is regularly scrutinized by the court system at a lower cost.

In summary, whether the revocable living trust is right for you is something you must discuss with your attorney. Keep an open mind and explore all your options with a member of the Bar of your state, preferably someone who regularly practices law in this area.

Joanne Fanizza is an attorney licensed to practice law in New York, Florida and the District of Columbia, and maintains offices in Farmingdale, NY, and Fort Lauderdale, FL. Her practice concentrates on estate planning and administration, elder law, real estate, corporate and commercial law, and litigation. She welcomes the opportunity to discuss the contents of this article, and any other legal matter in her practice area, with you. She can be reached at Law Offices of Joanne Fanizza, P.A., 111 Conklin Street, Farmingdale, NY 11735 (516) 586-6036; or 2631 E. Oakland Park Blvd., Suite 205, Fort Lauderdale, FL 33306 (954) 565-5445. You may also view more of her biographical information, plus other helpful information, at her law firm website at http://www.fanizzalaw.com

Trust Funds and Trust Fund Maintenance

When tenants rent units from you they are placing not only their financial investment in the landlord’s hand, but also their trust that you, as the property manager, have their best interests at heart.  When a security deposit or rent is paid, the tenant is communicating their confidence that their needs will be met and their money is in good hands.  That is where the concept of a real estate/broker trust fund comes into play.  Trust funds are separate bank accounts in which only a certain type of money is deposited.  This money is designed to protect the tenant’s investment and ensure that money is available for property expenses and deposit reimbursements.  The Federal Deposit Insurance Corporation (FDIC) insures up to $ 250,000 for each individual who has monies deposited into a trust account. The most common deposits into trust funds come from, including:

1.   Money deposits

2.   Down payments

3.   Rental security deposits

4.   Association dues

Property manager such as our firm who operate in Houston and Dallas, you are required by the new Texas property code, to employ a licensed real estate broker to handle your tenant’s monies. It is important for owner’s to find qualified licensed people to help provide oversight on their property management activities.

 

Trust Fund Maintenance

 

The new Texas bill 747 requires rent collection to be the duty of a broker.  Investors and property managers in the Dallas or Houston areas are strongly advised to hire an accredited broker immediately and to require a trust fund be established for all rental-related monies.  In creating this fund, always keep in mind that the monies deposited are there for a reason.  The rent, security deposits and any other monies associated with your rental properties need to be managed responsibly so there is enough money for property maintenance, refunds, and emergencies.  When discussing the creation of a trust fund with your broker, make certain that the following guidelines are in place. 

1.   The account is clearly labeled and understood by the bank to be a ‘Trust Fund’ or ‘Trust Account.’

2.   All monies collected should be deposited into the trust fund immediately with proof of deposit. 

3.   Maintain complete and accurate records of all deposits and withdrawals.  Document the reasoning for the withdrawal or deposit.

4.   Copies of leases or agreements must be in correspondence with this account.

5.   In the event of an audit, the records will have sufficient evidence of all transactions, including: deposits, cancelled checks, check receipts, etc.

6.   Funds in the trust account will be available for property expenses under certain circumstances:

a.   Written agreement that the broker has authority to use rent monies for property expenses

b.   Sufficient funds are available to fulfill expenses for both the tenants and the property expenses.

 

Current or prospective investors in Texas (like our owners in the Houston and Dallas markets) should rely on a property management firm having a licensed broker who can provide them with and maintain a trust account.  Especially for first time investors who do not know a great deal about property management, they will now be protected that their monies are protected by licensed and qualified firms who under the oversight of TREC.  Investors will soon sit down with property management firm overtime so that they can understand what the property management firm’s policies and procedures are concerning rent collection and trust account accounting.  Trust accounts are, simply put, an accredited way to avoid mismanaging client’s monies in a segregated an clearly labeled bank account.

 

Prepare your property management firm’s around Texas to learn that the days of unregulated property management activities seems to be drawing to a close. TREC supervision will provide a framework to protect consumers from property managers or real estate that are ill advised and educated about the industry providing services and harming public trust for the entire industry.

Jay Raman is the managing director of Ashoka Lion, a Houston and Dallas area property management firm. Ashoka Lion is a full licensed real estate brokerage in the Houston and Dallas Markets, and you can verify Ashoka Lion’s license with the Texas Real Estate Commission. visit: http://rental-property-management.ashokalion.com/

Trademark Law

In the U.S., trademark law regulates registered and unregistered trademarks. It also regulates service marks, although service marks have less legal authority. Trademark law protects the creator of a unique phrase, design, image, word, name, or logo so that other legal entities cannot use them.


Registered and Unregistered Trademarks

Trademark law honors unregistered trademarks as well as those that are registered. Registered trademarks are designated by an R with a circle around it. Unregistered trademarks are designated by a TM.

Even though they have not been registered, common law trademarks are enforceable. They do not, however, offer the exact same level of protection as those that are registered.


Differences in Trademark Law for Registered and Unregistered Trademarks

Trademark law gives more authority to registered trademarks. For instance, a company that uses a registered trademark can prevent anyone else from using it regardless of where they are located. Unregistered trademarks, however, only prevent other companies from using logos, phrases, or designs when they are in within certain geographic boundaries.

Trademark law also makes it much easier for those who register to protect themselves from infringement.


Legal Services for Trademark Law

Trademark law might seem easy to some. After all, you do not even have to register your logo to get basic infringement protection from the court system. Once you begin looking at the intricacies of trademark law, though, you might see why so many organizations choose to hire lawyers that specialize in trademarks.

When you choose a law firm that offers expert legal services for trademark law, you give yourself the ultimate level of protection. If you plan to register your trademark, then you will want to find a law firm that offers you all of the filing services that you might need. This makes the process easier for you and ensures that it is done properly so that there is never any question about your product’s trademark.

For more information about trademark application and trademark offices visit Aplegal.com.

Learn more about intellectual property and patents search at Aplegal.com.

Trusting Each Other

When meeting someone new, do you prefer to be trusted until you have done something to prove yourself unworthy of trust (e.g. your relationship with your newborn), or do you prefer to earn his or her trust over time (most of our relationships with everyone else)?  Which type of relationship is more satisfying, creative, and abundant with possibility (if you can accept that you have a choice)?

For the last 5 years, I have run a business in which each employee stood between the door and tens of thousands of dollars per week of my cash.  If we even projected the slightest amount of mistrust to new employees, we would most likely reject the best people that would work for us. We focused on creating programs, dispositions, and a culture for which the primary intention was engaging the best attributes in other human beings – and we got the best from them, from the best in them.

When we created programs with the primary intent to prevent theft or protect ourselves, people would find new and creative ways to steal.  Did we have systems in place to detect and announce impropriety? Of course, but it was not our primary focus.  Did people still steal? Of course, but we would not poison the water and create a system-wide reaction for something that was not a system-wide problem. If we entered situations unsure of our potential to recover and thrive from even the worst of situations (i.e. letting subtle fear overcome us), we would suffer.

You can never harm me in a way that will not make me stronger. You (or anyone else) can never touch or taint the most valuable parts of me, and yes, that includes potentially taking my life. So what do I have to be afraid of?

Specifically, what do I have to fear from you?

Or more positively – what potential exists if I honor, respect and engage you throughout our relationship with the zest and connection of an enthused infant (if you can accept that I have a choice)?

For consultation and comments, please follow the link: http://www.confidentsolutionscoach.com/blog/trusting-each-other

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Law Coursework

The students who are interested in the field of Law and want to achieve a law degree always come across Law coursework. It is a compulsory part of Law degree education. By doing law coursework students become more exposed to legal cases, they deeply understand the legal language used in the bare acts of different laws, and interpret that language accordingly.

Law Coursework includes assignments, research work and dissertations related to legal cases in the law studies. This coursework makes the students demonstrate their skills of interpretation of different laws they study throughout their academics, so that their law education becomes fruitful.

Law Coursework requires a great deal of knowledge and effort. Students must have a strong command over different laws, their application to different cases and their interpretation. Every case is different from the others; therefore, a successful lawyer handles the case easily if the coursework and studies are done by hard work.

The law varies from country to country, region to region and industry to industry. By doing Law coursework students are groomed to acquiring greater knowledge of legal aspects given in different laws and case studies. The essays, assignments, research and dissertation done by the students require a lot of efforts and hard work. At times, students find it difficult to understand the correct interpretation of a law and eventually they write their Coursework in a different way than one required by the teacher. This leads to loss of grades and waste of all hard work and time spent.

This issue is resolved by us after we saw the students upset of their law coursework assignments and worried because of the deadlines arriving. We have come up with a solution to help you, guide you, and support you by all means to make you a successful law coursework of your choice.

How do we do that? You just have to place an order with us, give a brief description of the type of work you require and the deadline date. We have with us a team of professional law degree holders who will write your essay after a proper study and research. We would then send you the written material so that you could get guidance from it and write the essay in a very short time, without wasting your efforts. So wait no more, we are just a click away.

Please visit http://www.speedyessay.com for custom essay, term paper and research paper.

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Boston Estate Planning Requires Highly Efficient Lawyers

Individuals in Boston, who want to ensure that the needs of their loved ones are looked after in their absence, need to have an estate planning done with the help of a lawyer. An estate may consist of bank accounts, stocks and other investments, life insurance and all the other properties that an individual owns at the time of death. For Boston estate planning and other property-related matters, there are several lawyers who are highly qualified and have enough experience to guide their clients. They help their clients in planning the estate well in advance, so that the beneficiaries are saved from all the troubles that may arise after their death.

Trust lawyers in Boston can help structure the inheritance of their clients’ heir with their expertise. A Boston trust lawyer assists in placing the assets into trusts which can avoid taxes and give details about how heirs can inherit them. These lawyers prepare the trusts according to the circumstances that their clients are in and certain choices and preferences that they might have regarding inheritance of property. Getting such lawyers is very important in Boston estate planning to help resolve any disputes that may arise between the clients and their potential heirs.

Many of the tasks associated with estate planning can be done with the help of an efficient lawyer. The complexity of an estate or its size is not a problem for these professionals. A Boston trust lawyer can help in identifying the members of their client’s family who can inherit the property after the estate owner’s death. The lawyer can also make sure that the property is transferred to the legal heir after the client’s death with fewer legal hassles. The amount of taxes that the client needs to pay for passing on the property to the legal heir is also minimized. The Boston estate planning may also solve many other issues that may crop up in the process of inheritance.

Estate plan may also include the client’s wish to donate certain amount or part of property to a charitable organization. It is always better to donate a part of the estate as charity rather than pay more in the form of taxes. A Boston trust lawyer helps the client deal with the issue of philanthropy in a planned manner. Clients are made to understand the impact of the charity on all the properties that they hold in their estate. The choice is always left to the clients whether or not to donate part of their estates in charity.

Choosing the most appropriate lawyer for the purpose of estate planning is very crucial for ensuring that the beneficiaries or heirs get the desired share of property.  It would take some research to know the credibility of lawyers before hiring them for this purpose. Selection of lawyers in Boston Estate Planning is usually done on the basis of their skills and experience.  The rates that the lawyers charge and the comfort level of their clients in discussing all the matters with them are also considered.

Mack Jake is the author of this article on Boston Estate Planning. Find more information, about Boston Trust Lawyer here

Wills & Executries Scotland: Providing amazing guidance and suggestion to client

Inheritance to property is a very thorny issue and must be handled with care. People often fight among themselves when wills are not maintained in a proper manner.

Family members are bonded with love and care but property dispute can create huge problems and it might lead to lots of problems. If you want to write a will you can hire the services of experienced Wills & Executries Scotland which would help you to prepare legal document in an effective manner. Real estate is a prized piece of asset because it is costly and its price increases over a period of time. In order to legally qualify for a will, you must be adult and have a sound mind. One of the best options is to prepare for eventuality at an earlier stage, so that you are ready with delegation of responsibilities after your death. It would help you to secure the future of your family members. It is a well known fact that over a period of time real estate value of your house would increase and simultaneously the insurance cost as well, due to the increasing price rise over all the spectrums of economy. There are many instances when individuals want their wealth to be awarded to charities or distributed among friends or relatives. You must be very clear about the requirements. It would help to resolve any issues or differences on the distribution of your wealth in distant future. Sometimes people do not have time to manage their property dealings. In order to avoid this situation they can assign power of attorney to other individuals, so that they could carry out financial transactions on your behalf. There are other benefits that the legal company offers you in this regard.

Legal advice and Consultation about confirmation process:

• There are times when sudden demise of individuals might create problems when papers of the property or other assets are transferred in the name of family members. There are certain criteria that need to be fulfilled before the property is eligible for confirmation. •

• The price must be more than ten thousand dollars so that the ownership could be given to a particular individual. Same holds true, if there are any insurance policies that do not carry will. Wills & Executries Scotland lawyers ensure that you get the confirmation permission in a given time frame. •

• You can access more data about the various aspects of inheritance to different types of assets. In this case you can send an enquiry mail to the website of the company mentioning your email address, along with the matter about which you want information. Legal experts would contact you with further details so that they are able to help you in a better way. •

 

John Smith is the author of this article and writes about legal news . For further details about Wills & Executries Scotland please visit the http://www.wilsonandfish.co.uk/.

Choose the Right Bankruptcy Lawyer

The current American depression is hitting everyone hard. Many people were having trouble staying afloat before the depression capsized their finances. To end their debtors calls many are considering bankruptcy. Bankruptcy is not a path to take lightly. Choosing to file can follow you for years and you need to see a professional so that you are sure its the right step to make. One of the biggest decisions you can make for your future, when faced with bankruptcy, is which lawyer to see.

There are many attributes that make a good bankruptcy lawyer, but even more which will mean a bad one. By knowing what to look for you can find a lawyer who will help you.

Many people who are considering bankruptcy look for lawyers who offer a free consultation. Make sure you find a lawyer who offers a free consultation as it means they have nothing to hide. If they ask for money upfront there is no way to know what their service is like before you pay. The lawyer will outline your options an suggest which ones they think are best for you.

Just like you, lawyers need to make money. Some lawyers only collect money once you file for Chapter 7 bankruptcy. Do not allow a lawyer to rush you into a decisions. Its you financial future not theirs. Even though you do not have a lot of extra money to spend you will save money by spending a little on a good lawyer. A good lawyer will be able to save you money and assets or help you find a better way of dealing with your credit issue. Spend money on a good lawyer, it pays off.

A lawyer who is not attentive to your questions does not have your best interests in mind. If you feel that your lawyer is not listening to and answering you questions you should find a new lawyer. Lawyers see a lot of client and they have likely deal with a case just like yours but that does not give them the right to provide you sub par service. Fortunately there are many lawyers who will give you their undivided attention, just make sure you find those that make you comfortable.

Just as you choose a lawyer you should look for a law firm. Busy law firms often take batch cases and assign paralegals to bankruptcy cases. A lawyer who is to busy to talk to you is a direct message that your case is not important to them. If you don’t feel comfortable with a law firm after your free consultation you can always look elsewhere.

It is also a good idea to do a little research on your own. Before showing up to a law firm find a little out about the many paths of bankruptcy. Research the meanings of Chapter 7 and Chapter 13 or how to build credit afterwards. Above all make sure to think about your financial future whether that be choosing a lawyer or asking for a loan.

Make sure you hav proper legal consultation. Contact the Minneapolis Bankruptcy Lawyers at schleckpa.com to make sure you are make sure you are making the right decision.

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Some Steps To Take When Looking For A Lawyer

For people who do not know much about law, the legal system can be overwhelming and scary. You will feel better once you have a reliable lawyer on your side. Continue reading for many tips on choosing the best lawyer for your case.

Do not hire the first lawyer you see. Make sure that you research attorneys thoroughly to avoid making a bad decision. Ask others, and find out the things you want to know about lawyers.

Make sure you have a fee schedule for any lawyers you are thinking about retaining. The fees will vary depending on a lawyer’s background, and it is smart to be aware of what you are going to pay before you retain him. It would be a shame to lose your lawyer after your case has already begun.

TIP! If you spend a high amount initially, you may make it back in the money you win in your case. A lawyer with advanced knowledge of the subject matter will not need to devote as many hours to information regarding your case.

Ask for a fee schedule from any lawyer you’re considering. The fees will vary depending on a lawyer’s background, and it is smart to be aware of what you are going to pay before you retain him. It is highly problematic to lose your attorney after your matter is already underway.

Before beginning your research, seek the advice of the people you know. If possible, ask friends or relatives who have dealt with similar issues in the past. They may pay lots of benefits later and reduce your work.

If you don’t feel comfortable, do not hire that lawyer. You also need to be comfortable with the fees they are charging you. Don’t give a blank check to them! Get an estimate so you can keep costs low and they don’t get out of control.

Although you should always be mindful of any advice provided by your lawyer, understand that this person works for you, not the other way around. Do not be scared to say something if you’re unhappy with things they say. There are several cases that they work on at once, so they could overlook something.

TIP! When choosing a lawyer, research their reputation thoroughly. Looking at online reviews and the state bar association can help you see if you should choose a certain lawyer or not.

You should only hire a trustworthy lawyer. This is especially important when retaining an attorney for financial matters. They may ask for retaining fees and blank checks. If you sign a blank check, you are putting your finances in your attorney’s hands. You should protect your own well-being.

Hire a lawyer who specializes in cases such as yours. You should be able to find lawyers specialized in divorces, bankruptcy, real estate law or many other things. Get the right lawyer the first time, so you don’t have to make changes to your team later on.

Comfort is key. A top lawyer has the right expertise and good people skills so that you feel completely at ease when you see him. Find a new lawyer if yours isn’t friendly.

Try using lawyer referral services. These services can be used to browse through listings of local lawyers. Some are better than others, so make sure you do your research because some don’t screen or have any qualifications to list lawyers on their site. Other services will list lawyers who only meet the bare minimum required by law. These are things that you want to look at before deciding which referral service to go with.

TIP! When seeking out a lawyer, it is important that they are experts in the field your case falls under. Lawyers can specialize in a wide variety of subject areas.

Your case may be put off by a lawyer if he or she is too busy with other cases. Discuss time availability with a prospective lawyer in advance. A good lawyer will upfront about his schedule and be able to tell you how much energy he can expend on your behalf.

Use online services to browse through listings of local lawyers and even look at reviews written by clients. You’ll still need to do some legwork, but you can schedule some promising consultations this way.

If you want to save a lot of money and time, you should prepare as much as you can before even going to see a lawyer. They can easily give you an estimate, in this case. You also save money when you come prepared.

Have paperwork in order before you meet with your lawyer to save money and time. The lawyer will be able to provide you with a better estimate if they have all the information available. Exercising some efficiency will go a long way in keeping costs down.

TIP! It’s important to understand that lawyers cannot wreak miracles. If a lawyer says he can surely win your case, you must run the other way.

Keep in mind that lawyers cannot snap their fingers and win every case. If you find a lawyer that assures you he or she will win, no matter what, that means that they’re lying to you and need to be avoided. There aren’t guarantees with the law, and you should avoid a lawyer that says they win all the time.

No one likes to need a lawyer. If, however, you are educated on how to select and work with a lawyer, you will feel much better about the entire process. The advice provided here should hopefully have assisted you if you ever need a lawyer.