April 2023

Understanding Chapter 13 Bankruptcy With A Good Bankruptcy Attorney

If you’re struggling with debt and need to file for bankruptcy, it’s important to choose the best Chapter 13 Bankruptcy Attorney in Phoenix Arizona. This type of case allows you to keep your property while paying off your debts over a period of three to five years. However, it’s important to know that if you fail to make your payments on time, your property may be at risk of being taken by a creditor.

There are many different types of debt that can be reorganized in a Chapter 13 bankruptcy. This can include student loans, medical bills, credit card balances and more. In addition to reorganizing these debts, you can also take advantage of various other bankruptcy options that can help with your specific financial situation.

A debtor’s income is taken into consideration in order to determine if he or she can file for bankruptcy under Chapter 13. This includes both the debtor’s income as well as the income of his or her spouse, if married.

This income must be sufficient to support a monthly living expense and repay creditors under the terms of the plan. Depending on the debtor’s circumstances, this means that a budget and a repayment schedule must be submitted to the court for approval.

The court will confirm your Chapter 13 plan if you pass the means test and if no objection is filed by the court or your creditors. This process can be challenging, and it’s important to have a lawyer who knows how to effectively prepare and submit your plan for confirmation.

Your creditors can object to your Chapter 13 plan for many reasons, including that they are not getting a fair or equitable payment from you under the terms of the plan. This is particularly the case with credit cards, medical bills and other unsecured debts.

Cramdowns

A cramdown is an important form of relief in a Chapter 13 bankruptcy. This method of reorganization allows you to pay off your debts over a period of time at a lower rate than the original loan amount. This could be helpful if you have a large mortgage or other secured debt that is unmanageable in your current financial condition.

This type of bankruptcy is especially helpful to those who have fallen behind on their mortgage and need some time to catch up. This can allow them to catch up with the past-due amount of their mortgage while still retaining their home, and in some cases, even save their home.

If you’re considering filing for Chapter 13, contact Stephen Trezza to learn more about his firm and how they can assist you with your bankruptcy. With over 25 years of experience, he and his staff are dedicated to making sure that all clients receive a superior service.

He provides a money-back guarantee on all Chapter 7 cases and can help you understand the difference between a chapter 13 and a chapter 7. He is an expert in debt management and offers the best bankruptcy services Tucson has to offer.

Domestic Violence and Family Law: Legal Remedies Available to Victims of Domestic Violence

If you are a victim of domestic violence, it is important to know what your legal options are. The first step is to contact the police, who can help you file for a protection order or other forms of relief from an abuser. You can also contact a prosecutor or victim advocate for help in pursuing justice.

In many cases, these remedies are enough to restore a victim to a life that is not dependent on the abuser. If you need more help, a Miami family law attorney can also assist you in filing a civil lawsuit against your abuser for monetary damages.

There are two main types of court remedies available to victims of domestic violence: restraining orders and protective orders. Restraining orders are orders that limit the abuser’s access to your home, possessions, and finances. Protective orders, in contrast, are orders that require the abuser to refrain from specific behaviors and comply with certain conditions, such as staying away from your home or not communicating with you.

The problem with these orders is that they don’t always work as intended. The abuser often doesn’t respect them or will violate them, either physically or emotionally. When that happens, you may need to go into family court to seek a modification of the order or even a new one.

If your abuser has committed a crime, the next step is to file criminal charges against him or her. Then you may need to attend court and enter a plea agreement with the prosecutor.

When you have a conviction, it can make a huge difference in how the police treat you, the prosecutor’s office will take a hard look at your case, and the judge will likely try to find a way to punish the defendant.

A domestic violence victim who files a criminal charge against her abuser can be convicted and face jail time, fines, and probation. The prosecution will need to prove the defendant is guilty beyond a reasonable doubt.

In addition, a conviction can lead to a permanent criminal record. This can be difficult to overcome and can affect employment, financial, and educational opportunities.

Once a crime has been charged, you can ask the court for an Order of Protection (OOP), which will require your abuser to keep you safe from harm and prevent them from coming within a specific distance of you or your property. The OOP can last for the duration of your criminal proceedings and can include requirements such as being in a room alone, or not using firearms, or not contacting you.

This process can be stressful and time consuming, but if it is the only way to keep you and your children safe, it’s worth the effort.

Fortunately, most states have updated their laws to make it easier for victims of domestic violence to obtain legal relief. You can also find information on a variety of resources online for victims and advocates in your state.