Posts Tagged ‘Bankruptcy’
WHAT TO LOOK FOR WHEN SELECTING A BANKRUPTCY ATTORNEY
By: Justine Bellamy
Do you find yourself in a financial jam and you are thinking that bankruptcy is the best option. How do you select the attorney to help you through this? Do you make your decision based on cost or quality of your attorney? When you feel you are already broke it can be tough to think about going to someone who may cost more than others. But, buyer beware, you pay for what you get even when it comes to legal service.
At Miller & Miller, we pride ourselves on being respectful and professional to our clients. There are three factors that we think are important to consider when hiring an attorney. They are:
The first factor is customer service. This is obvious, customer service is important. But, there is more to customer service then just people being nice to you. Customer service is the office setting, the attitude of the staff, client privacy, how clients are treated in person, on the telephone, in court and even after your case is completed. Most importantly, customer service is empathy. It is important that the attorney and staff understand what you are going through. The better they understand, the better they can take care of you.
For many of us, dealing with an attorney, can be intimidating. We sometimes hold back information for fear that we may be looked down upon. Or, we don’t ask all the questions we want because we don’t want to waste their time. Being a paying customer you have a right to spend as much time with your attorney as needed. Following are more things to consider when meeting with a potential attorney:
-How are you being treated?
Regardless of your reason for hiring an attorney you should be treated with respect and dignity. That should be evident in the staff and attorney’s treatment. Do you feel comfortable being in their office? Do you feel relaxed and taken care of? Feeling cared for and respected is priceless.
Is the office organized and clean? Personal privacy can also be a factor when it comes to customer service. Do they talk about clients’ private information discreetly or is it done with others around who can hear it? Are they careless with client’s paperwork? Do they know who you are when you call in?
What is the attorney’s experience? Does he/she handle many legal services or specialize in only one area of the law? Does he have support from his staff when needed? Do you want experienced lawyers who are hands on or an inexperienced attorney who charge less attorney fees? In most cases, an experienced attorney would be more efficient in the end.
The second factor is the attorney .
Following are some questions to ask yourself:
What is the attorney’s demeanor? Is he/she dressed professional, neat or sloppy? What does his appearance say about him or her? You may not need your attorney to wear a three piece suit everyday but are his or her clothes acceptable for the position they have? Even if your attorney is more casual in the office, there is acceptable and unacceptable casual. How your attorney carries himself is a direct reflection on you. When he or she stands up in court to represent you will you feel satisfied or embarrassed of who you hired?
Does he or she make you feel like they care? Are they treating you with respect and taking the time to understand your situation and what your needs are? Or are they going through the motions and treating you like a number? Regardless of your reason to visit an attorney, you should not be treated like a failure or less of a person. Chances are you feel bad enough and certainly do not need someone you are paying to make you feel worse.
Is your attorney committed to you as a client? Do you feel comfortable that he has your back? Can you rely on him to be there when you need him, know your case information and be able to protect you when needed?
The third factor when hiring an attorney is the process and cost.
Do you understand the legal situation and process that you need to go through? Did the attorney give you enough information and discuss every option so you know what steps you have to take to resolve your issues? Did you discuss all of the alternatives and the “what ifs”?
Cost can be the biggest issue. But if are quoted an amount that seems too good to be true, it probably is. Make sure you get all the details. If someone is charging considerably less than others there may be a real good reason for it. Is the quote for the service for the entire process or are there other costs that come up later? Is the price reduced because you will have limited access to your attorney? Will you spend most of your time dealing with office staff or a paralegal? If it’s cheaper is the processing time longer? What about quality of documents, mistakes or changes? Low cost sometimes equals low quality. When dealing with a legal issue that involves the law, paperwork and courts, you as a client need to know that everything is taken care of correctly and in a timely manner. You don’t want to find out later that something was missed or done incorrectly. This may cause you additional headaches and fees at a later date. At Miller & Miller we offer a free, no obligation consultation. This is an opportunity for you to meet with an attorney, get your questions answered and discuss the cost and process.
Last but not least, when visiting an attorney, you should not be rushed or pushed into retaining them and/or signing a contract. As well, as you should not be offered a “deal” for retaining the firm sooner. Attorneys that have “deals” and offer “lower charges if you sign today” seems wrong and leaves the feeling of uncertainty about their sincerity and integrity. Take the time to find the one that fits you and will take your case and relationship seriously. After your initial consultation with Miller & Miller us, we will follow up to answer any questions you may have. We never push anyone into retaining us; we let you take the time to make the decision on your own. At Miller & Miller our clients come to us because they are well informed and know they will be treated with respect and we will get the job done.
At Miller & Miller, we pride ourselves on being the difference. We strive to treat our clients like family members. You will not be treated like a number, be rushed to retain us or be given “a deal”. Our attorneys are professional, respected and offer exceptional one on one service from beginning to end of your case and beyond. Call us today to set up your free consultation with one of our attorneys. We have offices in Milwaukee, Kenosha and Germantown. Our office is open from 8:30 – 5:30, Monday – Friday and 9:00 – 12:00 on Saturdays.
Bankruptcy and the National Football League collide again. This time it is Warren Sapp, who reportedly owes over 6.7 million dollars to his creditors. Read more about the details here.
Even if you aren’t in as much debt as Mr. Sapp, dealing with aggressive creditors can be stressful and overwhelming. If you need advice about what to do, call Miller and Miller today. We have been helping people in Wisconsin get a fresh start since 1993 and with offices conveniently located in Kenosha, Milwaukee, and Germantown, we are a short trip away no matter where in Southeastern Wisconsin you are.
With April 15th only a few days away, many people are working hard to come up with the money to pay the Government. For those who are self employed, estimated tax liability payments are due every quarter starting April 15th. The IRS will allow you to pay your tax debt with a credit card, but you can expect to pay a 2% “convenience fee”.
If charging tax liability please be aware that the Bankruptcy Code specifically disallows that part of your credit card debt to be discharged in a bankruptcy case, unless the tax you are paying is dischargeable as well.
If you have questions about tax liability and credit card debt please call Attorney Miller at 414-277-7742. Our office is accessible in Milwaukee, Racine, Ken0sha, Germantown, West Bend, Ozaukee, Brookfield and all surrounding Milwaukee Metro Areas.
Join us for an information-packed webinar with bankruptcy attorney Jamie Miller. This workshop will offer you expert guidance on the different bankruptcy options; as well as the benefits that bankruptcy can offer you to help you take control of your financial life. It is time to get the fresh financial start you deserve. Go to MillerMillerlaw.com and click on the “Registration Now” star to sign up.
Join us April 17th @ 10am for this great Webinar. Register today!
WRITTEN BY BRIAN KOENIG
TUESDAY, 13 MARCH 2012 10:12
As more and more young people graduate from college with mounds of unresolved loan debt, financial experts and bankruptcy attorneys are calling the progressively worsening dilemma the “next debt bomb.” According to a new survey conducted by the National Association of Consumer Bankruptcy Attorneys (NACBA), 81 percent of bankruptcy lawyers report that the number of prospective clients with student loan debt has increased “significantly” or “somewhat” in the past few years.
The organization even compared the purported student loan debt “crisis” with the collapse of the housing industry:
With student loan debt now topping U.S. credit card debt and few or no options available for distressed borrowers (including unwary parents who co-signed loans and now face the loss of nest eggs, retirement homes and other assets), America faces the very real possibility of another major economic threat on a par with the devastating home mortgage crisis, according to a new survey and report published today [Feb. 7] by the National Association of Consumer Bankruptcy Attorneys (NACBA).
Moreover, the survey reported:
• Nearly two out of five bankruptcy attorneys (39 percent) have seen potential student loan client cases jump 25-50 percent in the last three to four years. About a quarter of bankruptcy attorneys (23 percent) have seen such cases jump by 50 percent to more than 100 percent.
• Most bankruptcy attorneys (95 percent) report that few student loan debtors are seen as having any chance of obtaining a discharge as a result of undue hardship.
• More than four out of five bankruptcy attorneys (82 percent) see the limited availability of student loan discharge in bankruptcy as “a big problem” barring a fresh start for clients.
• Nearly two out of three bankruptcy attorneys (65 percent) say that student loan provider debt collections have become “much more” or “somewhat more” aggressive in the last 18 months.
Most of those clients, the association affirmed, were unable to meet the federal hardship criteria required to exempt their student loans through bankruptcy proceedings. Consequently, many loan co-signers, who are often parents or guardians, are required to cover the payments. Head of the NACBA William Brewer asserted, “This could very well be the next debt bomb for the U.S. economy.”
“Obviously, in the short term, student loan defaults are not going to have the same ripple effect through the economy that mortgage defaults did,” Brewer added. “My concern is that the long-term effect may be even graver, because people who need student loans to try to get a higher education or retraining” will be reluctant to apply for them.
In a previous analysis, Moody’s Analytics conversely noted that student lending is not on a par with the housing crisis, as the student loan market is only one-tenth the size of the mortgage market. “Despite its rapid growth even as credit quality weakened during and after the recession, student lending is not likely to turn into the next subprime crisis,” Moody’s reported earlier this year.
Student loan debt has boosted in recent years to a sum of $867 billion in 2011, which surpasses the $704 billion in outstanding U.S. credit card debt. Throughout the 2010-11 school year, students racked up $104 billion in loan debt from the Education Department — a 50-percent spike in three years — while private education loans dipped by 65 percent in that same period, to $7.9 billion.
What many analysts and political leaders fail to acknowledge is the underlying culprit of the student loan debt debacle. Many observers blame rising tuition costs, which are undoubtedly a factor. But why are colleges and universities charging more for tuition? Similar to the U.S. healthcare system, the present quandary stems from a third-party-payment system. Government has become a chief player in subsidizing tuition costs, and as a result, students are amassing bulky government loans to finance their education.
Indeed, government meddling has manipulated the higher-education market, and has discouraged high-school graduates — who are often naïve in their educational pursuits — from attending the most competitively priced institutions. Consequently, many of these young individuals choose schools charging $30,000 per year in tuition over schools charging $10,000 per year, hoping they will land high-paying jobs come graduation. Such skewed incentives have granted colleges and universities the unbounded authority to inflate tuition rates to astronomical levels, and thanks to federally induced market distortion, these institutions get off scot-free.
Adding to the government’s intervention in the higher-education market is a Federal Reserve system that is generating an inflationary hailstorm. In October 2011, GOP presidential candidate Ron Paul explained in an article for USA Today how these two government measures have spurred an adverse evolution in this delicate sector of the U.S. economy:
Like housing and medicine, education costs went through the roof when government became involved. In the last three decades, the overall inflation rate has increased more than 100%, which means we basically pay double now for everything we buy. This price inflation is an inevitable consequence of printing money out of thin air and devaluing our dollar. But compare this inflation to the rise in the cost of college tuition, which has increased almost 500% in the same amount of time.
This is what happens when we print money out of thin air and couple it with government intervention in education.