Hire A Bankruptcy Lawyer Before Filing For Bankruptcy

If you are considering filing for bankruptcy, you should first discuss all options available with a bankruptcy lawyer. There are many options to be explored before one files bankruptcy, and a bankruptcy lawyer can go over the pros and cons of every option before you file Chapter 7 or Chapter 13.

One option a bankruptcy lawyer can assist you with would be dealing with a payment plan that satisfies your creditors. A competent bankruptcy lawyer can work with your creditors to develop a plan that is affordable enough to meet any budget. This will also keep creditors from harassing you about missed or late payments.

Creditors will be satisfied with most payment plans that are presented to them by a bankruptcy lawyer, because it shows the good faith effort that one is making an attempt to pay of their debts before resorting to bankruptcy.

If a bankruptcy lawyer can not develop a suitable plan for his or her client then he or she can advise the client about which form of bankruptcy would be in the client’s best interest.

A bankruptcy lawyer can file a Chapter 7 bankruptcy for clients. This type of bankruptcy allows one to liquidate assets and property to pay off creditors. When filing a Chapter 7 bankruptcy, one is not required to sell all of their property. A person is able to retain enough for financial stability once the proceedings have been completed.

A competent bankruptcy lawyer would handle the task of filing for the bankruptcy, obtaining documents to prove assets and worth and work with creditors to pay of as much debt as possible from the liquidation proceeds.

If one chooses to file a Chapter 13 bankruptcy, the bankruptcy lawyer can handle the proceedings for these cases as well. A Chapter 13 bankruptcy allows a person 3 to 5 years to pay off his or her creditors following a payment plan set by the presiding Judge.

The bankruptcy lawyer would gather the paperwork required to show how much a person’s earnings are and how much would be a reasonable payment each month.

Bankruptcy does not cover all types of debts, and if one is not sure if a debt is covered if one were to file bankruptcy then they should consult with a bankruptcy lawyer for clarification.

In both types of bankruptcies, both 7 and 13, a trustee is appointed to handle overseeing the payments or liquidation of the assets. If one hires a competent bankruptcy lawyer, he or she would be able to ensure that one has a trustee that is reliable when handling claims.

Before filing for bankruptcy, one should always consult with a bankruptcy lawyer to ensure that there are no other alternatives available that one can pursue. Bankruptcy lawyers handle more than just bankruptcy cases; they also assist in helping a client work with creditors if a client is hesitant about filing bankruptcy.

If one has filed for bankruptcy then a competent bankruptcy lawyer can also provide advice on how one can re-establish good credit. There are quite a number of things one can do to re-build their credit.

If you are in debt, then you certainly should contact a bankruptcy lawyer about your financial problems. He or she can work with you to eliminate your debt using one or more methods. If bankruptcy is considered as your only option, then he or she can handle the bankruptcy proceedings for you. By contacting a bankruptcy lawyer and turning one’s financial troubles over to him or her, one can live knowing that the stress of their debt is being lifted.

This gives one a chance to start a new financial beginning in one’s life.

Megan’s Law – It’s Only Half The Battle

Spend some time in any PTA meeting, Mommy & Me group, or even a playdate with friends and it isn’t long before the conversation turns into a worried discussion about Megan’s Law and the sex offender information that parents can now readily access with just a few clicks of their computer mouse.

Parents everywhere are feverishly checking these websites, sometimes weekly or even daily, to see if a registered sex offender resides nearby. Unfortunately, there are a few flaws in this perceived “safety net” that well-intentioned parents should know.

Don’t get me wrong, I am a HUGE proponent of Megan’s Law and the information it provides. I strongly believe that once a sex offender has been released back into the community, the public has the absolute right to know their whereabouts.

But… focusing solely on this component of child safety can do a serious disservice to our kids, IF we stop there.

A Basic Overview of Megan’s Law

Megan’s Law is a federal law, signed on May 17, 1996 by President Bill Clinton. It is named for 7 year old Megan Nicole Kanka of Hamilton Township, New Jersey, who tragically, was sexually abused and killed in 1994 by a twice-convicted pedophile who lived across the street from her home. Unaware of his presence and criminal history, Megan’s parents, Maureen and Richard Kanka, were devastated and outraged. They established the Megan Nicole Kanka Foundation and lobbied government officials to create a law which would require all 50 states to release information regarding the presence of convicted sex offenders in our communities. In it’s most basic terms, the law mandates that the public has the right to know the whereabouts of convicted sex offenders once they have been released, and that all 50 states must make this information available to the public.

Many states have created a dedicated Megan’s Law website, to which the public can log onto through their own personal computer and research the data pertinent to their town or local community.

There are several ways you can check the Megan’s Law sex offender register in your state. In my home state of California, the website is meganslaw.ca.gov. To access the information in your state, you can visit familywatchdog.us. This website provides a free national sex offender registry link and also contains excellent safety information. You may also check your state’s Attorney General’s website, your State Police website, or visit megannicolekankafoundation.org.

Only Part of the Solution…

While Megan’s Law is an excellent awareness tool and provides vital information to the public, parents must remember that it can only do so much.

To begin with, a sex offender register is not a perfect system. In some instances, registered offenders may or may not actually be living where they are listed. Depending on which state you live in, you may even have some registered offenders whose whereabouts are not made public due to an exclusionary clause in the law. For example, some offenders fall into the “undisclosed category” – which means they areregistered with the state, but their information is not accessible on the website. According to the California Dept. of Justice, approximately 25% of registered offenders are excluded from public disclosure by law, depending on the type of crime that person has been convicted of.

More importantly, parents must remember that there are plenty of sex offenders out there who simply haven’t been caught, and therefore, are not listed on any register. As a result, we need to protect our kids from those who may be “flying under the radar” as it were.

What’s A Parent To Do?

Be a PRO-ACTIVE parent rather than a REACTIVE one. A PRO-ACTIVE parent can beat a sex offender at their own game. By now, many parents are somewhat familiar with the real statistic that 90% of child sexual abuse happens by someone the child knows, not by a stranger. Since that’s the real issue, it’s time we started looking at prevention education in a way actually protects our children.

Kids need to be taught how to recognize and defend their personal boundaries with adults they interact with. They need to understand what is appropriate and inappropriate behavior from a grown up (or even an older child), and what to do if they get a red flag or “uh-oh” feeling from someone’s improper actions.

In plain English, kids need to know what to do if “Coach Smith” tries to touch a private part of their body, or if a babysitter or relative wants to play a physical “touching game” that just feels weird or “yucky”. These are much more common scenarios than the stranger who may or may not be living down the street.

Megan’s Law is a good start in protecting our kids. Yet, it’s still only half the battle. With smart prevention education in conjunction with Megan’s Law, we can offer each other a real solution to keeping our children safe.

10 Prevention Tips for Parents

1. Don’t equate stranger with danger. Teach your child how to recognize a potentially dangerous action or situation instead. (“Thumbs up or thumbs down!”)

2. Be involved in your child’s activities. As a “visible parent”, you’ll have a better opportunity to observe how other adults interact with your child.

3. Screen caregivers and babysitters carefully. Always check references – no matter who they come recommended by.

4. Pay attention to clues and cues in other adults’ behavior around your child. A predator’s grooming tricks can be very subtle at first. For example, is there someone who continually tries to arrange “alone time” with your child, often working very hard to create the opportunity by using flattery or suggesting outings that don’t include you?

5. Listen to your child, especially if they consistently don’t want to be around a particular person, such as a babysitter, relative, or family friend. They may be sensing “a red flag” that you are unaware of.

6. Let children decide for themselves how they want to express affection. Do not force them to a hug or kiss another person if they don’t want to.

7. Spend quality time with your children. Kids who are starved for affection or attention can be vulnerable targets for a child molester or predator.

8. Be alert to anyone who insists on being physical with your child (hugging, kissing, tickling, wrestling, touching) especially when the child seems uneasy or has asked them to stop.

9. Let children know they have the right to say NO to any unwanted touches or physical attention. It’s okay to say NO even to a grownup or a bigger kid, and then immediately tell a grownup they trust (like mom or dad) as soon as they can.

10. Review and practice basic safety skills with your children often. Children need to hear the information more than just once to really understand.

The Lawyer Business Coach: Humor Means Health! Are Lawyers ‘Legal Eagles’ Or ‘Legal Beagles’?

Yes, I’m a lawyer. Please don’t hold it against me. Many people don’t like lawyers. They say they seldom return phone calls. Others complain that they charge too much money. Many say they don’t speak plain English, and instead speak what is sometimes called ‘legal gobbledegook.’ Some even think lawyers are all crooks.

Many people think lawyers should be eliminated altogether. But America loves lawyers. We have more lawyers, per capita here, than any other nation in the world. When I passed the bar and started law practice, the registration number I was assigned was 2,386. That’s how many lawyers there were in Colorado, USA. If I were to tell you how many Colorado lawyers there are today you wouldn’t believe me and you would think I was lying. By the way, you do know how to tell if a lawyer is lying don’t you? If his mouth is moving.

Again, many people think lawyers should be eliminated altogether. Shakespeare, in Hamlet, has the line, “The first order of business should be to kill all the lawyers.” Heaven forbid! Pogo, our cartoon philosopher friend, gave us an alternative: “Let’s just shorten their legal pads.” This sounds like a much more realistic idea to me. Doesn’t it to you too?

I write different types of articles: business, spiritual, and human development. I call myself ‘The Lawyer Business Coach,’ and ‘The Gospel Coach.’ Most people can understand me writing law-business articles. But many can’t understand me writing spiritual articles. I’ve had people say, “How can you be a lawyer, and a Christian too? Isn’t that a contradiction in terms?”

At a funeral service the minister said, “Here lies a lawyer, and a good Christian man.” One fellow asked the minister: “Did they bury two men in the same grave?” But, yes, I do write spiritual articles. My focus is living daily life in the power of the finished work of the gospel of Jesus.

My purpose in these humor articles is simply to give you a greater fondness for us lawyers. Maybe just a greater tolerance for us? Take your pick. Don’t forget to hug your lawyer today. On second thought, maybe that’s not such a good idea. Ignore that counsel.

Remember, lawyers are people too. Well, at least most of us. And at least most of the time. Whichever is greater. Or least. Or perhaps both.

Those Legal EAGLES (or is that ‘BEAGLES’?)

Lawyers are the legal eagles of society! We are the custodians of liberty!! We are the protectors of the people!!! We are the stalwarts of justice!!!! We are the upholders of the Constitution!!!!! And if you believe this, then I also have some ocean-front property in Denver, Colorado I want to sell you too.

We all know what an eagle is. It’s a large, gorgeous, strong bird that is the symbol of America herself. We lawyers like to consider ourselves legal eagles. We also all know what beagles are. It is defined as a dog who is a small hound, with a smooth, lavish coat, short legs and drooping ears. They also have a wide throat, and produce a deep growl or fierce bark. This describes a lot of lawyers I know.

It’s Hard For Lawyers To Stay Motivated

It’s especially hard for us lawyers to stay motivated because of all the negative lawyer jokes we hear all the time. I wish people would go back to Pollock jokes. But then I’m not so sure about this either, because Sir Frederick Pollock was a famous English lawyer barrister, and jurist.

I feed myself this stuff because it’s so hard for us lawyers to stay motivated. That is, unless we are suing someone. Why? Because we lawyers are the most enthusiastically negative people in the world. But it’s not without cause.

In defense of lawyers (most of whom need a lot of defense), do you have any idea how difficult it is to stay motivated, enthusiastic, or ‘up’ when you face one negative person or situation after another, hour after hour, all day long?

Law offices are negative, because they consist of lawyers. Also, a lawyers’ secretary is often down in the bumps because of her boss. After all, how would you feel if you were a legal secretary and you were ready to leave work for the day. You pop your head into your bosses’ office and say, “Hey boss, have a good day!” He snarls back at you: “Don’t tell ME what to do!”

That’s how it is in most lawyers’ offices. Wouldn’t this negative atmosphere rub off on you too if you had to work in it constantly?

Of course, clients are usually negative because of the things they are facing – criminal matters, traffic violations, divorces, bankruptcies, corporate problems, contract breeches, and many, many other types of things. When you’re a lawyer, you must handle those negative clients – and then fight with other lawyers and judges on top of that.

At the end of the case you often have to fight your client to collect your fee. Especially if you lose! What a business. It is no wonder lawyers are negative people.

Practicing law is a lot like practicing prostitution. In both cases, the value of services rendered drastically declines – once those services have been performed. It’s because clients don’t like to pay once services have been performed that makes many lawyers collect their fees in advance.

So, we lawyers spend all of our days fighting with everyone we come into contact with. Then we spend our nights worried about the next day’s activities. And you thought being a lawyer was just a lot of fun and games, didn’t you?

Next time we’ll talk about the mixed messages that lawyers often give people.