The Page Law Firm

Bankruptcy is not a decision to be made lightly, but it can be a good option in a situation where you are financially underwater and need an out. The primary benefit that bankruptcy provides is freedom from the debt that is overwhelming you. Your unsecured debts, including credit card and medical debts, will be forgiven. Depending on the kind of bankruptcy you file for, you may also be able to keep your home and other important assets.

Bankruptcy will initially have a negative impact on your credit score, and will remain on your credit report for 10 years, during which time it will be visible to possible lenders. However, you can begin rebuilding your credit score as soon as the bankruptcy is finalized. Most people are able to have a good credit score again within a few months to a year after the proceedings have concluded if they actively work to rebuild it.

Some people think that you have to be at rock bottom before filing for bankruptcy, but in reality, it is designed to keep that from happening. If you feel like you are unable to keep your head above water because you are drowning in debt, bankruptcy can be a way to get your financial footing back and provide a clean slate while you still have some property that can be liquidated or the ability to adhere to a reasonable payment plan.

Yes, you do not have to be unemployed to file for bankruptcy. In fact, most people who file for bankruptcy are employed, but are simply overwhelmed by payments on large debts. Your income is relevant in determining the right kind of bankruptcy. If your income is low or below your state's median income, Chapter 7 is the best option, whereas Chapter 13 is appropriate for higher incomes that can sustain a manageable monthly payment.

Medical debt is an unsecured debt. This means that it qualifies for forgiveness under both Chapter 7 and Chapter 13 bankruptcy. Under Chapter 7 bankruptcy you will be required to liquidate some property to partially repay creditors before the debt is forgiven, whereas under Chapter 13 bankruptcy you will make court-ordered monthly payments toward your consolidated debt for a designated period of time before the debt is forgiven.

Both Chapter 7 and 13 bankruptcy apply to credit card debt, as this is an unsecured debt. If you have significant credit card debt and you are in a position where you are unable to make your credit card payments, you may be a good candidate for bankruptcy if the debt is affecting your ability to sustain yourself financially. However, there may be other alternatives for reducing or settling credit card debt that can also be explored.

The effect that bankruptcy will have on your debts depends on the kind of bankruptcy that you file for as well as the debts that you have. While both Chapter 7 and 13 bankruptcy wipe out unsecured debts, including medical debt and credit card debt, they do not waive secured debts, student loan debts, or secured debts, such as for your house or car. However, Chapter 13 bankruptcy can help you keep that property with a repayment plan.

If you have a relatively high monthly income or own significant assets such that you do not qualify for Chapter 7 bankruptcy, Chapter 13 bankruptcy is a good option. Chapter 13 bankruptcy has the added benefit of allowing you to avoid liquidation of your property. This means you can remain in your home and in possession of your car while making monthly payments for a period of 3-5 years, after which your unsecured debts will be waived.

If you have a relatively low monthly income and/or high monthly expenses, Chapter 7 bankruptcy may be the best option for you. Chapter 7 bankruptcy looks at your disposable income to determine whether you have the ability to repay your creditors. If you do not have the capacity to support a monthly payment, your nonexempt property can be liquidated to partially repay creditors and your remaining unsecured debts will be forgiven.

If you are at a point where you are overwhelmed by your debts and cannot pay your creditors back, you may want to consider bankruptcy. The type of bankruptcy that is right for you depends on the amount of your income, reasonable monthly expenses, owned assets, and outstanding debts. It is always smart to consult with a lawyer before making a decision about bankruptcy, as it is a significant decision and can be a complex process.

If you are experiencing extreme or severe harassment by a creditor, you can sue them for harassment under the Fair Debt Collection Practices Act (FDCPA). You have one year from the time the illegal harassment occurred to bring a lawsuit under this Act. It is important to note that if you lose in court you will have to pay all legal fees and court costs (including those of your creditor), if they lose, however, they will pay all costs.

If you are being harassed by a creditor it is important to keep a detailed record of all harassing actions that they are taking, including phone calls, letters, and any specific comments or behavior that you believe is intended to intimidate or abuse you into paying your debt. You can then send a letter asking them to cease communications, file a complaint with the FTC and appropriate state agencies, or bring a lawsuit against them.

Creditors may not put your name on a list of people with unpaid debts or balances. Doing so constitutes illegal harassment, as do threats of taking illegal action. Any action taken by a credit card company or creditor which is intended to oppress or intimidate an individual into making payment of a debt is considered harassment. Clearly publicly humiliating and exposing someone or threatening to fall into that category.

If a creditor calls you and refuses to tell you who they are when they call you this may constitute illegal harassment. This tactic is often used in tandem with repetitive or incessant phone calls, which is also a form of harassment. Harassment and actions intended to oppress or abuse debtors by creditors are illegal, and debtors have options for fighting back against that kind of treatment. A lawyer can help you determine your options.

It constitutes illegal harassment under the Fair Debt Collection Practices Act (FDCPA) for creditors to misrepresent how much you owe, or to make misrepresentations about who they are, if they are a lawyer, or what consequences you may face if you are unable to pay off your balance. If you are being harassed by a creditor you have options available to hold them accountable, such as filing a complaint or bringing a lawsuit of your own.

Yes. Creditors cannot threaten you, lie to you, or use other abusive tactics to get you to pay your debt. Doing so constitutes illegal harassment by a creditor. If you are being threatened by a creditor you can take action to protect yourself and hold them accountable. You can file a complaint with the FTC or state agency or even bring a lawsuit against them. Talking to a lawyer can give you an idea of your options.

Creditors may lie or try to scare you into paying your debt by saying that they will have you arrested, however, it is important to understand that nonpayment of debts is a civil matter as opposed to a criminal one. While they can sue you, they cannot have you arrested and you will not go to jail. Additionally, threatening to have you arrested or saying you will go to jail likely constitutes illegal harassment by a creditor.

If you are being harassed by a creditor there are a number of actions that you can take. You can start by filing a complaint with the Consumer Financial Protection Bureau (CFPB). You can also send a certified letter citing the Fair Debt Collection Practices Act (FDCPA) and setting boundaries for further communication. Alternatively, you can sue the creditor under the FDCPA. If you are successful, the creditor must pay all legal fees.

Creditors are allowed to pursue repayment for outstanding debts or to collect missed payments, but they cannot engage in harassing tactics to do so. Behaviors and practices designed to oppress or intimidate a debtor into making payments are considered harassment. This covers a wide range of actions including incessant phone calls, threats, offensive or foul language, misrepresentations about who they are or how much they owe, and more.

Collection calls are supposed to be reasonable so it depends on what you mean by repeatedly. Give us a call at 214-618-2101 and schedule a consultation.

Many times credit card companies will use fear mongering tactics to try and get you to pay your balance. It can also seem really intimidating when you receive a court summons to appear because you are being sued by your credit card company. However, it is important to understand that this is a civil matter and you cannot be arrested or sent to jail for non-payment. You should consult with a lawyer to determine the best course of action.

While parent coordination differs from mediation, it does utilize it, in addition to other alternative dispute resolution methods. The primary difference is that in the context of mediation, a mediator is a neutral third-party, whereas a parenting coordinator is an impartial third-party. This allows parent coordinators to remain impartial while siding with one party on a single issue. It also gives them the power to make some decisions.

Parent coordination is a great option for you if you are looking to save money, time, and avoid the trauma of putting yourself and your child through custody litigation. If you and your co-parent have a high-conflict relationship and struggle to communicate and make healthy decisions that are in the best interest of the child, parent coordination could help you build the skills you need to be a stable parent and co-parent.

The number and frequency of parenting coordinator meetings can vary based on the needs of the parents. If your parent coordinator is court-appointed, the court order will stipulate the length and number of meetings. Generally, one two-hour meeting per month for the first three months is standard, but of course that amount can and may be adjusted based on the circumstances.

The method of payment can vary. If your parenting coordinator is appointed by the court, the court order should stipulate how the parenting coordinator's fees are to be paid. In many cases, the fee will be split between the parties proportionate to their salaries, so the higher earning parent would pay a greater share of the fee. If you and your co-parent privately hire a parenting coordinator, you can discuss the fee with them.

A parenting coordinator uses mediation and other alternative dispute resolution tactics to try and guide the parties to a solution or settlement that they can both agree on. However, sometimes an agreement is not possible. In such instances, the parenting coordinator generally has authority to make a decision. This decision is made in the child's best interest and remains binding until it is reviewed by the court.

A parenting coordinator can be mutually and voluntarily hired upon the agreement of both parties. Alternatively, the judge may order parenting coordination and appoint a parenting coordinator for the parties to use. This is particularly common in high-conflict and exceptionally contentious situations. However, you and your partner always have the option to retain a parenting coordinator on your own before you head to court.

A parent coordinator generally meets with both parents a number of times to help them develop a parenting plan and strategy, as well as the skills they need to have a healthy and collaborative co-parenting relationship. The frequency and number of meetings will be determined by the parents and the coordinator, or will be ordered by the court.

A parent coordinator can help you avoid the expensive and traumatic experience of child custody litigation, instead allowing you and your co-parent to determine your own custody and visitation plan in an informal setting, over a period of sessions. They will also provide education, training, and feedback to help you build and maintain a healthy co-parent relationship that prioritizes the needs of your child.

A parent coordinator is an impartial third-party who helps separated or divorcing couples develop a custody and visitation plan if one is needed. They also mediate disputes regarding the custody and visitation agreements when they arise. Unlike mediation though, a parent coordinator may have authority to make temporarily binding decisions if the parents cannot come to an agreement.

Parent coordination is an alternative to child custody litigation that utilizes mediation and other conflict-resolution techniques to help high-conflict parents reach mutually-acceptable decisions on parenting issues and to develop and strengthen their relationship as co-parents in a healthy way.

If your spouse is serving in the military overseas, you can get divorced. The divorce should be filed where you and your spouse reside. Generally, when one is in the military, their state and county of residence is where they came from and not necessarily where they are living as part of their station. If your spouse is in a combat zone or is not allowed electronic communications, the divorce may take longer and you may have to wait until they are home or at a station where they are allowed electronic communications. Often the courts will allow the military spouse to appear by phone or Zoom for any necessary hearings.

Equitable distribution is the process of dividing all marital assets and debts based on equity. While courts will often determine that a 50-50 split is the most equitable option, judges are not limited in how they allocate amounts, provided their rationale is based on the factors of fairness that their state adheres to. For instance, an equitable distribution may be a 60-40 split.

Spouses can agree on spousal support. If they are unable to come to an agreement, a judge can make a determination of how much spousal support will be issued based on the relative financial positioning of each spouse and factors of equity, such as whether one spouse put off a career to support the other or maintain their household, and if there are shared children that would preclude one spouse from promptly rejoining the workforce.

You do not always have to go to court to get divorced, but you may be required to make an appearance. The best way to limit your time in court is to be open to negotiating with your spouse and attending mediation to resolve all outstanding issues outside of court. This may completely eliminate your need to appear in court, or you may simply need to make an appearance so that the court can grant your divorce request.

Debt in a divorce is divided much like assets. The first step is conducting a thorough accounting of all debts and assets. Debt that each spouse had coming into the marriage belongs to them alone, and shared debt can be divided equally or in combination with the distribution of assets as a way of balancing things out. For instance, one spouse may get to keep a high value asset, like the house, but assume a greater amount of the debt.

The cost of your divorce will depend on several factors like whether you are retaining an attorney, whether it is contested or uncontested, and whether you are proceeding on no-fault or fault-based grounds. The size of your estate matters. The more time you spend in court, the more your divorce will cost. If you are able to limit your time in court, by utilizing collaborative divorce methods and mediation, you can control the cost.

Many factors influence the divorce timeline, including the assets involved and whether there are shared children. The main factor is whether or not a divorce is fault-based. If no time has to be spent in court assessing the grounds for divorce, it will move along quickly. An uncontested, no-fault divorce may take three months while a contested, fault-based divorce may take over a year.

In order to bring a legal action, you must have standing to do so. Standing means you have a legal basis for bringing an action in court. For divorce, the basis can be that the marriage is irretrievably broken. This is known as a no-fault divorce. All states allow no-fault divorce, but the requirements vary. Some states allow you to choose between a no-fault or fault-based divorce, such as adultery or abandonment.

Most states require that in order to file for divorce, you or your spouse must have resided there for a certain period of time. In most states, the minimum residency requirement to file for divorce is six months, but some states may require shorter or longer periods of time. If you and your spouse live in separate states, consider which state's divorce laws would be more advantageous to your situation prior to choosing where to file.

Filing for divorce requires completing necessary paperwork and filing it at a local court. The paperwork requirements vary from state to state, but all divorces will require something to be filed that states your desire to dissolve your marriage and initiates the proceedings. The complaint must be delivered directly to your spouse. Service of process is a constitutional right; if it is not completed properly, the case will not proceed.

Yes, spousal support payments are also known as alimony payments which is a more dated term commonly associated with payments husbands made to wives upon divorce. However, spousal support payments, while serving the same purpose of equity, have no ties to gender. If one spouse is in need of financial support and the other spouse has the means to prove it, it may be awarded regardless of whether the spouse in need is the husband or wife.

The way each state determines the length of time that spousal support payments must be made varies significantly, however, nearly all states rely heavily on the length of the marriage in making the calculation. In some states you can expect to receive payments for an amount of time equal to half the length of the marriage, provided it was less than 10 years, while other states award payments for 60-70% of the length of the marriage.

Yes, there are different types of spousal support available depending on your needs. Spousal support may be ordered temporarily or permanently. It may be ordered just for the duration of the trial, or for any amount of time afterward. It can be intended to rehabilitate the spouse temporarily to get them employable and self-sufficient, or as a means of supporting them for life depending on their age, needs, and abilities.

Whether you qualify for or will be required to pay spousal support often hinges on one question: does one spouse need financial support and is the other spouse able to provide it? Other factors may also be considered, such as couples' standard of living, the length of the marriage, their age and health, whether they have any shared minor children, and if additional marital assets are available.

The best way to ensure that your marital settlement is fair and equitable is to retain a lawyer to represent your interests throughout the negotiation process. Your lawyer will perform due diligence to verify claims and financial information presented by your spouse to ensure that you are working with full and accurate data. Your lawyer will also override complicated interpersonal dynamics that may make it hard to assert yourself.

If your ex-spouse is not adhering to the terms of your marital settlement agreement, it is important to notify the court by filing a formal request or motion. Be prepared once you get to court to demonstrate how your spouse has breached or violated the terms of the agreement. For instance, your spouse may have failed to pay the mortgage, children's school tuition, or other agreed-upon expenses.

A marital settlement agreement (or divorce agreement) outlines how all communal assets and debts will be allocated between the spouses. It also includes child custody and visitation agreements and the terms relating to child support and/or spousal support, if applicable. This agreement can be created by the spouses alone or with the help of lawyers. If the spouses cannot come to an agreement on their own, it will be decided in court.

50-50 property division only comes into play in community property states. Only a handful of states follow this method, and they are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Even in these states, the 50% share only applies to community property acquired during the course of the marriage.

You may be able to avoid the courtroom if you and your spouse can mutually agree on the terms of the divorce settlement. By yourselves or with the help of a lawyer or mediator you can decide together how your property will be divided. Once you have come up with a proposed divorce settlement, your lawyer can submit it to the court for approval. This also allows spouses the maximum amount of control over the outcome.

Assets are not the only thing that has to be divided up in a divorce, debt does too. In general, any debt accumulated during the marriage is treated as community property, which can be divided in half or based on principles of equity depending on the state that you are filing in. In some cases, allocating a greater or lesser share of debt as compared to assets can help spouses reach a fair resolution.

The value of your shared assets and debts will be calculated by the judge, who will then allocate a percentage share of the total to each spouse. If you live in a community property state, that share will be 50%. If you live in an equitable distribution state, the percentage will be determined based on principles of equity, such as the duration of the marriage, contributions made by each spouse, and whether you have minor children.

Whether you will keep or continue living in your marital home depends on a number of factors, including whether the home is community property, whether you have shared minor children and primary physical custody, and what other assets and debts make up your estate. Generally, the parent with physical custody will be permitted to continue living in their home with the children.

Put broadly, community property is any assets or debt acquired during the course of the marriage. Separate, or non-community property, is anything that was independently owned prior to entering into the marriage. Some things acquired during the course of the marriage may still count as separate property, such as inheritance, court awards, and loans taken on explicitly by and for the purpose of one of the parties.

possible. If you and your co-parent are able to work together, with lawyers, or with a mediator to reach an agreement that you can both accept, your lawyer can simply submit this agreement to the court for approval. Mediation often helps to build communication skills and avoid hostility that enable a better co-parenting relationship.

A parenting plan essentially covers everything that you need to operate as a parent following a divorce or custody hearing. This includes clarification of each parent's role, a comprehensive time-sharing and visitation schedule, and designation of all child-rearing responsibilities. The plan should also outline how parents will communicate with each other and the child, and a Uniform Child Custody Jurisdiction and Enforcement Act form.

Parenting plans can be modified even after they are approved by the court. However, you must generally be able to demonstrate that there has been a significant change in circumstances necessitating the modification, or that the agreement that was in place was failing to meet the child's needs. If you and your co-parent can mutually agree on the change you may be able to avoid court altogether, but always check with a lawyer first.

The court determines custody based on what is in the best interest of the child. The child's best interests are assessed based on a number of factors that vary from state to state, but generally consider things like whether one parent has been the caretaker and if they can provide a stable environment. However, the court must only determine custody in the event that the parents cannot come to an acceptable agreement on their own.

A parenting plan governs the relationship between parents and their child or children, and is commonly developed during a divorce or while determining custody. The plan includes a time-sharing schedule, designation of responsibilities and care-tasks related to the child, and clarification of each parent's role. Parents can develop these terms on their own, or, if unable to agree, they will be determined by the court.

Hi Alberto! Thank you for reaching out. That is a really hard question to answer because it depends. I'd love to schedule a time for you to come in and meet with me and we can discuss.