Tips to Find a Good Bankruptcy Lawyer Who Will Provide the Necessary Legal Services

Bankruptcy is quite a serious matter and there is nothing worse for an individual or a corporation than having to file for bankruptcy. It can affect many people and ruin their careers and lives and render them completely helpless. The very word bankruptcy means a legal state of being unable to repay debts that one owes to the creditors. It is also sometimes referred to as insolvency. It can happen to both individual and organizations. Creditors will normally file a bankruptcy petition in an endeavor to recover a part of the money payable to them by the company or organization when bankruptcy happens to an organization. When it happens to an individual then they get buried in so much debt that they find it impossible to recover from it, and have no other option but to file for bankruptcy.

Therefore, whether it happens to an individual or an organization, it is absolutely necessary to seek the services of a bankruptcy lawyer who is well acquainted with bankruptcy law and will be able to shield you against the petition filed by the creditors. The bankruptcy lawyers are quite expensive and they will only render their services once you convince them that it is possible for you to bear their fees, and pay them on time. But since they are expensive and since your entire financial future depends on their expertise you should be careful as to whom you hire and follow some guidelines while looking for a good bankruptcy lawyer.

  1. The first step in hiring a bankruptcy lawyer is to look for an experienced lawyer who has the necessary expertise to handle any kind of bankruptcy. Remember that your future is in the hands of this individual who will represent you in the court of law. It is their knowledge and expertise which will determine how your case unfolds in the court and what is your chance of winning the case.
  2. It will be prudent to do some background research before you hire an expensive bankruptcy lawyer. Ask your colleagues, friends, neighbors, or any of your acquaintances who have gone through the same ordeal or knows someone who have required the services of a bankruptcy lawyer. Internet search can also throw back results about the lawyers in your location and their specialties. Yellow pages can also be a good source from where you can get hold of a lawyer. Any bankruptcy lawyer that is working in your area should be listed there and hence as per your requirements you can get the contact details of such a lawyer. Just look into the bankruptcy section and you will immediately give a list of all bankruptcy lawyers in your area.
  3. Once you have listed the lawyers in your area, it is time for some background checks on the list and then pick one from the list. Through the internet, it is easy to get information on the lawyers and their case histories, their success rate, and client feedbacks. You can also ask for a review on the lawyer you are interested in, by calling up the court and asking them for a review. You will also be able to check which bankruptcy lawyer has the majority number of winning cases. Also important is to find out which bankruptcy lawyer has the maximum experience of working in your area and the local court, because that will mean that the particular lawyer will have good rapport with the court officials. Hiring lawyer who has a winning streak but belongs to another state is a bad idea, because laws change from one state to another and a lawyer who is working in another state may not be successful in your state, as he won’t have enough information to fight your case.
  4. A consultation session is a must once you have shortlisted two or three lawyers. You can always cal up and request them to meet you for a consultation session. These sessions are usually free of the lawyers’ billing time. If a lawyer demands money for this session, it will be best to avoid that lawyer. This session will be the deal maker, and will certainly help you make that final decision regarding which lawyer is best suited to fight your case.

The current world is dominated by credit card users, and people fall into debts because it is difficult to keep a check on the spending for most people who enjoy the good life. But the result can be huge debts which have led to the increase in bankruptcy petitions which in turn has resulted in an increase in demand for bankruptcy lawyers. The above tips can be used as a guideline for finding the right lawyer as there are risks for a lay person without any knowledge of legal matters to bump into a money grabbing legal monster who is only interested in making a few extra bucks while offering poor legal services in return.

No Lawyer Required – Small Claims Court

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?

This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

Starting a Profession As A Lawyer

Many people dream of becoming a lawyer in their lives but for different reasons could not make it. They might be unaware of the facts that becoming lawyer requires several difficult and challenging steps. If you are serious about practicing law, following are given few guidelines for becoming a lawyer.

If you really want to become a lawyer, start doing this from your high school. Taking part in mock trail teams and debates can help you learn few things.

Another important which you need to do is develop exemplary study habits such as reading, communication and comprehension skills.

You need to have great LSAT and GPA scores if you want to take admission in any reputable law school. The high scores can only be achieved through hard work.

You need to enroll yourself in an undergraduate college for 4 years degree program.

After completion of the degree, register yourself for Law Admission Test commonly known as LSAT. This test mainly focuses on to assess the applicant’s verbal reasoning and reading skills often used by schools.

LSAT is held three times a year, i.e. in the month of June, October and December. It is mandatory to pass the LSAT for a number of law schools.

Once you have cleared your LSAT, you are now ready to apply in a number of schools. Make one thing certain here that the law schools where you are applying should be accredited by American Bar Association (ABA). Application fees are usually high for law schools, so a careful and wise selection of the schools is required where they have an application waiver.

If you are one of those who meet their expenses on their own then it is the time to save some extra bucks for you for your school will not allow you to work for the first year.

Studying law involves a lot of hard work. You will not get enough time to waste. To complete your law successfully, you need to spend a lot of time in researching case laws, reading cases, writing briefs and preparing answers for class questions.

After the completion of first year, you should try to get a place in a law firm as an assistant, file clerk or messenger.

After graduating from law school one has to pass the Professional Responsibility Exam and later has to register him/her for state Bar Exam. This exam you can take in summer after completing your school.

This is the last step where you have to find a position as a lawyer. It is not easy as a lot of intense competition. Having any prior internship experience at a law will firm will definitely help.

Those who are good students and attend best law schools have got more job opportunities than others. Obviously, the competition is usually intense for best jobs and high grades.

Feed Dog Food to All the Lawyers

Have you ever noticed that Lawyers are not such nice people? It is because they do not live in the real world, but rather a world of trickery wrapped in a fa├žade of meaningless words and dribble? Obviously they are not happy living in this world and scraping the cream of society for their own personal gain without providing any productivity to our noble civilization in anyway.

There is probably not a more dog eat dog world than the fake world that lawyer live in. Some say they are the worst of the worst and worth less than a dog turd, while other say that they are merely a necessary evil and part of all that is bad with the sleaze of the world. I have a solution to allow the lawyers to see the truth about who and what they are. Never allow them to eat anything but dog food during their stay here on Earth. This is fair as some say they are dogs anyway.

Of course all the lawyers think they are God? Perhaps they are both right and the lawyers are merely dyslexic and read “Dog” backwards? You know how they have such a way with words in their mixed up world. So what blend of dog food should we feed them now that you agree?

Well no sense in feeding them science diet or any of the expensive stuff and no need to worry if the meat comes from downer cows or those with Mad Cow disease, as we do not need them anyway and may as well give them the scraps of our society. What do you think? Oh, by the way I am not joking, not one bit and if I were in charge I would make it law. Trust me! Vote for Lance.

What Is Business Law?

In today’s society, many people are starting new businesses and they need to legally register their company. If a business is not registered, the owners may be breaking the law as they would be accused of running the business illegally. When a company wants to merge with another firm, they should have a written contract which both parties need to sign. These agreements should be drafted by a business lawyer who should guide the firms during the process. Business law covers a wide branch of knowledge across a variety of disciplines.

Business law covers all aspects of trade from the registration of a business to hiring employees and selling goods across the globe. A business may need a lawyer to help with the relevant terms of agreement and sales and present them to the other parties. When a company wants to bid for tender or have a project, the lawyer needs to come up with various proposals to present to the other parties. At times, disputes arise and when there was no binding agreement, the business suffers a huge loss.

There are some companies that do not keep in mind the terms and codes of trade especially within their intentional market. Failing to comply with the law is a serious offense and the company may end up folding as a result. A company should look to hire a lawyer who is aware of the business laws set by the Department of Trade and the lawyer ought to find out how the company performs in their industry without bypassing federal laws.

Business law also covers the partnership aspect of the company. At times, the companies who want to merge but they may still want to maintain their rights and recognition within their market. A good contract should be put in place and both parties should agree to work within the laid down rules and regulations in the contract. Many partnerships have landed in court simply because some codes were not met or the other party had more benefits than the other party did. Some aspects like profits, shares, and investments need to be addressed fully before signing a partnership agreement.

Before someone starts any business, they need to know the codes, laws, and terms of reference. Business law applies to all types of businesses whether it is a corporation, a sole proprietorship, or a company. The law requires that all companies and businesses need to be registered and trade within the law. When someone trades in illegal goods, they are required by the law to stand trial. The codes of trade need to be enforced fully and that every businessman understands what they mean. Business law terms are difficult to understand hence there is sometimes a need to hire a lawyer to interpret the message and ensure that the client know what each business documents entail. At times, some businesses may want to trade with other companies and need advice from their lawyers and other business professionals on the proposed plan. Business law can also cover issues such as privacy, copyright and issues involving tax.

All in all, business law ensures that a company practices in the correct way and that the business runs smoothly and that all the parties involved in the various commerce sectors understand the codes of operation.