What Happens After My Free Bankruptcy Consultation?

After your free bankruptcy consultation, you may choose to sign a contract.  We will thoroughly explain each section of the contract, answer any other questions that you may have and allow you as much time as necessary to review our work agreement.  At this time we can set you up on an easy payment plan, which allows you to give us an estimate of a time frame of when you expect to file and allows you to make payments toward the attorney fees.

We will then give you your paperwork, along with an example of the paperwork as a quick reference guide.  We will explain in detail the documents needed to file, and the process of turning them in.  Lastly, you’ll get an email contact of someone in the office should you have any further questions.  No matter what, we want you to be as informed as possible and we want this process to be smooth and efficient for you!

In other words, you choose what the next steps are after your consultation.  You may choose to file bankruptcy with our law firm or you may wish to think about some of your options.  Again, we are here to answer questions as they come about.  We hope we get the opportunity to earn your business and we look forward to working with you. Contact us to get your fresh financial start today!

The Basics of Worker's Compensation

Workers' Compensation Doctor Looking at X-RayWorkers compensation is a practice area that can best be handled with the guidance of a workers compensation attorney. Below is a simplified introduction to workers’ compensation law. More detailed explanations of workers’ compensation laws will follow in future blog posts.

Workers’ compensation laws were developed to be beneficial to both the employee and the employer. The employee has the ability to receive compensation for lost time and medical expenses while the workers’ compensation laws ensure that the employer is safe from a lawsuit in a traditional court. The goal of the workers’ compensation laws is to fairly compensate those who are injured, develop an occupational disease, or are killed at work.

When an employee is injured at work they should notify their employer immediately and in writing. They must notify their employer within 30 days of their injury. If after being notified the employer fails to report the injury, the employee should file a claim with the Industrial Commission. That claim may be filed by using Form 18.

After reporting the injury, the employer should pay for the employee to see a medical doctor to determine the best steps for treatment. Once the doctor believes the employee has reached maximum medical improvement they will assign a disability rating.

The amount of compensation that an employee is to receive is based upon two main factors: average weekly earnings and disability rating. Those two factors are used together to determine what fair compensation would be for the employee. With the assistance of a qualified attorney, the employee may be able to obtain what is called a “clincher”. This clincher will ensure that any future expenses that arise from the workplace injury will be included in the final settlement.

To learn more about how Duncan Law, PLLC can assist you and your family with a workers’ compensation claim contact us today!

What is a Creditors' Meeting in Bankruptcy?

Research on a ComputerWhen you file either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy you are required under federal law 11 USC Section 341 to attend a court proceeding known as the meeting of creditors or a “creditors meeting.” Your attorney will usually attend this court proceeding with you. At this proceeding you will be questioned by a Trustee, who is appointed by the bankruptcy court to question you, about your assets and determine if you have any non exempt assets he/she can seize and sell and distribute the money to your creditors. Most Trustees will question you for 1-5 minutes, unless you have a complicated case in which they could question you for 30 minutes or longer. Most judicial court districts have several different Chapter 7 Trustees.

Chapter 7 Creditors’ (341) Meeting:

Most Chapter 7 bankruptcy proceedings are “no asset” cases. In other words, there is nothing for the Trustee to seize if the bankruptcy petition was prepared correctly. At the creditor’s meeting the Trustee will question you about assets and review your bankruptcy petition. This is why it is important to have an attorney from Duncan Law to correctly prepare your petition and represent you at the creditors meeting. We are knowledgeable as to the proper laws to use to protect your assets from the Trustee and your creditors.

Most of the time your creditors will not appear at the creditors meeting. However, they do have the legal right to appear and question you about your assets and financial situation. We have learned from the thousands of cases we have filed that usually the persons that appear, if anyone does appear, is a disgruntled relative or someone you owe a small personal loan. They usually do not want to ask questions, but complain about how you should pay them the money you owe.

Occasionally someone will attempt to represent themselves in a bankruptcy proceeding. They have the legal right to do that. However, many times they will not prepare the bankruptcy petition properly. The Trustee could become frustrated because the bankruptcy petition is incorrect and lacking the proper laws and exemptions. Many times the Trustee will recommend to the court the case to be dismissed, which means the bankruptcy is thrown out and you still legally owe the debts. That is when people ask us to help them. The person would had saved themselves a lot of grief and problems if they had originally hired an attorney, such as Duncan Law, to prepare the bankruptcy petition correctly.

Chapter 13 Creditors’ (341) Meeting:

Next is the Chapter 13 bankruptcy creditors meeting. At this meeting you appear before the Chapter 13 Trustee. In a Chapter 13 bankruptcy you are making monthly payments to the Chapter 13 Trustee to distribute this payment to your creditors. The Chapter 13 Trustee usually will “recite” your secured creditors at the meeting and either recommend confirmation (approval) of the Chapter 13 plan payments, modify your payments, or object to confirmation of your Chapter 13 plan. Like a Chapter 7, most of your creditors will not appear.

To learn more about what to expect at your creditors’ meeting visit our additional pages about Chapter 7 creditors’ meeting and Chapter 13 creditors’ meeting.