Collect-Judgements.com

Effective representation requires open and honest communication from everyone. A client should feel comfortable telling the attorney about his/her financial problems. An attorney should not be afraid to educate a client about how the particular course of action the attorney is recommending benefits the clients and what the potential risks might be. Sometimes this means that the attorney must deliver unwelcome news to a client. You might be surprised how many times I've witnessed someone else's client sitting in court waiting for a meeting of creditors and the client couldn't even tell me why they chose a chapter 7 over a chapter 13, or vice versa. I think that demonstrates that the attorney hasn't spent sufficient time explaining the recommendations. It's not uncommon for lawyers to tell their clients "don't worry about it, I'll take care of it." While this phrase is a legitimate response to someone, I always try to at least explain why I think my client need not worry. Perhaps for some clients, the simple assurance is all they seek, but when a client is deciding on a course of action, I think the client should have more information than that. Another part of communication involves availability. An attorney should be available to address a client's concerns and questions. Unfortunately, I do take many calls from people who have hired other lawyers to do their bankruptcy cases and they now can't get in touch with their lawyer and their lawyer doesn't call them back. While I believe this situation doesn't represent the way the vast majority of attorneys conduct themselves, it does illustrate how important it is that a client can get questions answered and concerns addressed in a timely fashion. In the same way, a client should keep his/her lawyer fully informed of address changes, phone number changes, etc... Communication is a two-way street. When considering a lawyer to represent you, I think you should ask yourself whether or not the attorney you are considering has given you good explanations for the recommendation he/she is making. You should ask about how phone calls are handled in the firm to try to determine whether you will be dealing with a phone tag situation, or whether you can get an attorney on the phone immediately when you call, if the need arises.

By Richard K. Gustafson Unfortunately, relief from financial hardship is occasionally short-lived. It is not uncommon for some people to find themselves in more financial problems at some point after they filed a bankruptcy. It is possible to file bankruptcy more than once. However, there are time limits. One part of the bankruptcy reform legislation that happened in October, 2005, was that time limits between bankruptcy filings were increased in some instances. The new time limits are as follows: Chapter 7 - If you filed and received a discharge in a prior chapter 7 case, you have to wait 8 years after the filing of the prior chapter 7 before you can file another chapter 7 case. - If you filed and received a discharge in a prior chapter 13 case, then the time limit depends on what percentage of your unsecured debt you repaid in your prior chapter 13. If you paid back more than 70% of your unsecured creditors (and that was your best efforts) in the chapter 13, you can immediately file a chapter 7 case without any waiting period. If your chapter 13 case paid less than 70% to the unsecured creditors, you have to wait 6 years after the filing of the prior chapter 13 before you can file a chapter 7. Chapter 13 - If you filed and received a discharge in a prior chapter 7 case, you are eligible to file a chapter 13 case. There is no waiting period. However, if you file the chapter 13 case within 4 years of the date you filed the prior chapter 7, you will not receive a discharge in the chapter 13. Thus, you could use the chapter 13 to catch up on mortgage arrears and save your house, but the chapter 13 won't ultimately discharge any debt obligation, including credit cards. - If you filed and received a discharge in a prior chapter 13 case, there is a 2 year waiting period from the filing of the prior chapter 13 case. This provision would probably not come into play much because most chapter 13 repayment plans take longer than 2 years to complete. Thus, since the time period looks at the filing date, it would be rare that someone would complete a chapter 13 case within 2 years and then immediately need another one. It's possible, but it would be rare.

By Tony Sottile, Esq.

Well, you aren't. According to Howard Dvorkin, president of the nonprofit Consolidated Credit Counseling Services Inc. in Fort Lauderdale, Fla., "Now we're seeing a new crop of people starting to get into trouble." With the Federal Reserve raising interest rates and the sky-rocketing cost of fuel, many people are finding it harder than ever to make ends meet.

Dvorkin discusses several signs a consumer can tell they're in trouble, among them are:

1). Transferring payments from one credit card to another.
2). Making only the minimum payments to each of your creditors.
3). Making late payments to important household bills such as the mortgage, car payments, etc.
4). Delaying necessary expenses like prescription medicine and doctors appointments.

I see clients on a daily basis who exhibit many of these signs and more! As the summer temperatures heat up, don't let your finances spiral further out of control. Do something about it and give us a call.