Oct 8, 2022 | General Blog
Bankruptcy Lawyer
Filing for bankruptcy is sometimes the only option that either individuals or businesses have to overcome their financial issues and their subsequent repayment of debt. Bankruptcy offers an option to struggling businesses or individuals to have these debts erased. Some negative aspects can come from filing for bankruptcy though, like credit scores going down and having a difficult time securing future loans. However, having debts erased and allowing a fresh financial slate is something positive. Bankruptcy erases debts through repayment plans that will depend on certain details for either individuals or businesses and corporations. Some will see liquidation being needed of assets while others will be placed on repayment plans over a certain amount of time. Keep reading to learn more about the different types of bankruptcy and which one may be right for your circumstance.
Individuals Bankruptcies
Individual bankruptcies can be filed under either a chapter 7 or a chapter 13 bankruptcy. Chapter 7 sees individuals liquidate assets to pay back debts that are owed to creditors. Certain items, like houses, may be spared in the liquidation process. Chapter 13 bankruptcy is when individuals are placed on a repayment plan that will have them repay their creditors over a 3 to 5-year span. The amount they are required to pay back will depend on their income and other financial details. A lawyer who specializes in this realm can help out and offer further insight and detail depending on the specific circumstances.
Corporation and Business Bankruptcies
These types of bankruptcies differ from individual bankruptcies in that the corporation or business needs to continue running during difficult financial times, like bankruptcy. Big corporations and companies typically file for chapter 11 bankruptcy. This allows them to remain operating but they have to undergo a financial reshuffling of debts and other items. They also need to have a plan agreed to with creditors for the financial terms. Chapter 12 bankruptcy is for farmers or fishermen. These types of businesses can continue operating and aren’t required to liquidate assets but they must have a plan in place to repay debts. Chapter 9 is the bankruptcy type for municipalities, like townships and school districts to have their own debt repayment plans. The terms for a municipality are similar to a corporation in that a repayment plan will need to be created and accepted by creditors.
Professional Help
Professional help exists for filing for bankruptcy from either a professional who works in the realm of bankruptcy or from lawyers who specialize in this area of the law. Those who have experience in helping clients with bankruptcy can offer their assistance to others who are thinking about filing in their time of need. Make sure you find someone you can trust and who truly understands bankruptcy and the positives and negatives of going through it. A bankruptcy lawyer from The Law Offices of Neil Crane is a great example of a firm with experience and the knowledge to assist in these difficult financial times.
Jul 27, 2021 | General Blog
Real Estate Litigation Lawyer
Real Estate Litigation
Real estate litigation may be needed to resolve disputes when it comes to buying and purchasing real estate. Numerous issues can arise with real estate transactions that an experienced real estate litigation lawyer can assist with. Zoning, financial reasons, contractual problems, and other matters are all things that may arise with real estate acquisitions. Let’s look into more detail on how a real estate litigation lawyer can help with these issues.
Finances
Financing for real estate and property purchases can come from a wide variety of sources. When issues arise with funding, a real estate litigation lawyer can look into the reasons why the issues are arising. They also can look into disputes over the finances of the property when a lender breaks their agreement or changes their terms illegally. Your lawyer can fill you in even more on the other areas of finance that they can assist with.
Contracts
Leases, sales contracts, purchasing agreements, titles, and more are some crucial things that a lawyer can help out with. Contracts are generally very specific with a large amount of confusing terms and words that people don’t understand. By utilizing the services of a lawyer you can learn more about what a contract is trying to say and understand the terms in a more knowledgeable way. Your lawyer will ensure that the contract is fair and that you are not getting taken advantage of.
Zoning
Governments designate specific areas for specific purposes. Land may be zoned for commercial purposes meaning that a business can be established there. Other areas may be zoned for historical purposes like historical buildings. Industrial and residential are a few of the other types of zones. If you or someone you know have built something on land that it was not zoned for, then legal problems may arise from this. A real estate litigation lawyer knows how to fight these kinds of cases and figure out a strategy going forward.
Other Legal Matters
Other problems include landlord-tenant issues. When a landlord and tenant disagree on the terms of their agreements or when rent isn’t being paid, a real estate litigation lawyer can step in and work with the two parties to come to a conclusion. If one of the parties refuses to cooperate, then it may require a lawsuit to settle the problem. Legal matters can be messy, which is why it is advised to have legal counsel on your side. The legal team at Eric Siegel Law has proven experience representing local clients who are facing conflicts amidst real estate transactions.
Jun 30, 2021 | Bankruptcy Blog
Companies not only strive to adequately meet the needs of their desired target audiences but also work to establish and maintain positive relationships with their employees, customers and community. Even with the use of best business practices, situations may arise in which a company is unable to come to a resolution without the assistance of legal intervention as a lawyer, like a bankruptcy lawyer. Having a business lawyer on retainer may help in navigating through such strenuous circumstances.
Understanding Types of Potential Conflict
Conflicts can come about at any time between any two or more parties. Whether it be an internal or external disagreement or accusation, it is important that a company understand all possible scenarios that may potentially occur. Business lawyers employed on a retainer typically have extensive knowledge of common charges and lawsuits that might be filed against the company. Therefore, they may be able to assist in implementing proactive measures to avoid any future liability, as well as develop effective strategies aimed at placating any existing issues. A company may find it beneficial to utilize the skills of a lawyer when dealing with matters relating to:
- Codes of conduct, policies and regulations
- Execution of contracts
- Dissemination of proprietary information
- Wrongful termination and lost wages
- Unsafe working conditions
- Faulty products
- Damage to ecosystems
- Exposure to harmful substances
Easing Undue Stress
Predicting the exact moment that a company will need to retain the services of a lawyer is nearly impossible. In an emergency, a company without representation may struggle to find somebody that knows the inner workings of its company and can adequately provide services in a timely and cost-efficient manner. Having a business lawyer on retainer may be one way for companies to avoid such situations. These lawyers should be knowledgeable of the company’s products and services, executive level management team and financial standing; this greatly minimizes the amount of time spent on company research. When paying a lawyer on retainer, a company is ensuring that it continuously remains one of the lawyer’s top priorities and can request their services at any given time. The company can therefore devote its time to managing the current situation rather than scrambling to find someone to competently defend them.
Although some businesses are lucky enough to never encounter any legal issues, this doesn’t hold true for the majority of companies. Contact a business lawyer to discuss retainer services and how they may assist your company with any legal matters that you may encounter.
Apr 30, 2021 | General Blog
Personal Injury Lawyer
After being injured in an accident, you might feel overwhelmed with all the expenses, and the thought of hiring a personal injury lawyer in Washington, DC, such as from Cohen & Cohen, could exacerbate those feelings. While you need to file a lawsuit to gain compensation to help you with your expenses, you don’t have the funds to pay your lawyer upfront. The good news is you might not have to.
Contingency Fee Agreements
Personal injury lawyers understand that the circumstances surrounding most personal injuries don’t exactly give you time to save up for representation. This is why many of them allow for contingency fee agreements. Instead of you paying your lawyer upfront, or even as you go through the process of your case, pay would be contingent on winning the case. That fee would come out of your settlement. This means if there is no settlement, so if you lose the case, you wouldn’t end up paying the lawyer fee at all.
Many contingency fees range anywhere from 33% to 40%, but could also vary based on a few factors. For example, if a lawyer has more experience and is more sought after, he or she might charge a higher percentage for the fee, such as 45%. This means that 45% of your settlement would go to the lawyer. If your settlement is $80,000, the lawyer would be paid $36,000.
The obvious benefit of a contingency fee agreement is that the fee comes out of the settlement at the end, but there are other benefits as well. For example, you often receive better representation from a lawyer who charges a contingency fee because his or her payment depends on whether the case is won.
Other Costs
Keep in mind there are other costs associated with personal injury cases. These are often not included in the contingency fee, but it depends on your lawyer. For example, the agreement with your lawyer might allow you to pay these additional costs after you reach a settlement. It might be included in the contingency fee because the lawyer would pay for them along the way. In another agreement, a lawyer might require you to pay these additional costs along the way. Be sure you know and understand what they are, as well as what and when you are required to pay.
Contact a Lawyer Today
When you’re injured in an accident that could have been avoided, you deserve to be compensated. Contact a personal injury lawyer today with any questions.
Mar 18, 2021 | General Blog
We are proud to announce that as of February 25th, 2021, the Law Offices of Neil Crane have become official Friends of the Southern Poverty Law Center! The SPLC is a non-profit organization that fights for racial justice in and beyond the southern region of the US “working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people.”
The organization is currently monitoring over 1,600 extremist hate groups across the nation including the Ku Klux Klan and neo-Nazi movement. They work to expose these groups’ actions to the public as well as file investigative reports and train law enforcement officers. In 2020 alone, they tracked 838 American groups which can be found in their comprehensive Hate Map on their website. The SPLC has published an annual census of hate groups operating within the country since 1990.
SPLC also works closely with educators and students within their Learning for Justice program. They provide free resources to schools in order to supplement curriculum while not only transforming communities into inclusive, safe spaces but also implementing the value of social justice into the development of children that they will carry to their adulthood. Currently, the Learning for Justice program includes more than 500,000 educators who subscribe to the organization’s resource materials.
In terms of legal triumph, the Southern Poverty Law Center has battled through several landmark cases starting with Smith v. Young Men’s Christian Association in 1969. The city of Montgomery, Alabama closed its recreational facilities instead of integrating them and when the local YMCA took over its programs, they continued to exclude Black people. Morris Dees, the SPLC co-founder, sued and won this case forcing the YMCA to integrate its programs. Throughout the years, SPLC continued to fight for the human rights of Black people, disabled people, women, children, immigrants, and the LGBTQ+ community.
We are more than honored to be Friends of the Southern Poverty Law Center because of their monumental work throughout history and continued determination to achieve social justice across the entire country. For more information contact The Law Offices of Neil Crane today.
Mar 18, 2021 | Tax Debt Resolution Blog
The recently passed American Rescue Plan includes another stimulus check in the amount of $1,400 but be very careful because this relief payment will be different from the rest. Unlike the first $2,000 check and the second $600 check, this payment can be garnished for unpaid debts.
Typically, there are three kinds of debts that can be paid via garnishment:
- IRS tax debt
- Other governmental debt
- Private debt
The first two stimulus checks were protected from all three types of debt but this upcoming payment is only protected from tax and governmental debt and outstanding child support. It is still vulnerable to garnishment by private creditors.
On Monday, March 8th, 2021, consumer and banking trade groups sent a letter to Congressional leaders pleading for this stimulus payment to be exempt from garnishment saying, “otherwise, the families that most need this money – those struggling with debt and whose entire bank accounts may be frozen by garnishment orders – will not be able to access their funds.” They urged Congress to pass a separate bill in order to prevent the checks from going directly to people’s creditors.
Unfortunately, this protection was not enacted by the legislature and therefore these stimulus funds remain accessible to banks and private creditors. This is particularly important here in Connecticut where the state collection courts have reopened allowing old garnishments to continue and new garnishments to be granted and enforced. Be careful since creditors know about your existing accounts.
Since it is difficult to change bank account information with the IRS, the only other way to prevent garnishment to the direct deposit is to close the account and wait longer to receive the check by mail. If you receive paper checks, you could cash it at retail stores or check cashers, but you run the risk of very high processing fees.
We stay updated on all governmental changes and adjustments made during this pandemic in order to provide the best advice and available options. If you are facing overwhelming debt and are concerned about your incoming stimulus check, please do not hesitate to contact a debt attorney from The Law Offices of Neil Crane call us at (203) 230-2233.
