Posts Tagged ‘business’

Foreclosure Vs. Bankruptcy

The latest credit industry polls show that on average American’s are 130% in debt. That means that 130% of their monthly income goes to debt or debt reduction. We are not suggesting you ignore your credit card or car payments, but if your crystal ball shows that your war chest is irreplaceable over the next 3 to 6 months; it’s time to consider an alternative approach (i.e. preparation for bankruptcy, or foreclosure) and stretch the dollars you do have in the interim to cover Shelter, Electricity, and Food. Compare what your grandparents would have done; pay for the big screen TV or make sure there is food in the fridge? The average four (4) person U.S. family consumes about $1,000 in food per month- that is your big screen TV! With the economy in free fall and unemployment on the rise, over 5 million homeowners are facing an unfortunate reality of a lost job and tough times ahead. If you’re one of these American’s, you have already looked in your crystal ball and realized how far you can stretch what you have in cash assets. Incorporating your lost income, unemployment, or in many cases no unemployment in tough times ahead. We must consider life’s essentials: Shelter, Electricity, and Food.

Unsecured Debt: Pick up the phone, call your Credit Card Company and say, “I am broke, am considering declaring bankruptcy and need to speak to a Supervisor”. After you do that, ask the supervisor if you can do one of the following: (1) Make a one-time payment to satisfy the debt; (2) Request a reduction in payment, making sure that the reduction includes a reduction in your monthly interest payments. Have your attorney contact the Company if they say “No” to either (1) or Don’t be shy!! Don’t be embarrassed!! Disengage yourself and act as if you’re calling for your teenager and you just found out she bought $6,000 purse online and you want to send it back. By disengaging yourself your emotions are restrained, and you can be more objective to getting the best deal. Secured Debt: Not all debt is unsecured (i.e. credit cards). If you have a car and the payment is killing you, then perhaps you should consider a voluntary vehicle turn-in. You can do this by contacting your vehicle loan company and conducting the transaction similarly as you did with a credit card- let’s rehearse. You must be able to explain your hardship. For example, you lost your job. Pick up the phone, and call. When they answer talk to them: ” I have a car loan with you, and I lost my job and I can no longer afford the payments. I would like to speak to a loan officer regarding a voluntary turn-in of the vehicle because I don’t want you to repossess it from me.” They are going to do one of two things, (1) Tell you where to bring the vehicle, or (2) They will attempt to talk you into keeping the car and changing the credit terms. Remember, the automakers are producing over 10 Million cars per year, with the auto market down over 42% just in the last six months. Nobody wants a used car on their lot. If your creditor would like to refinance, then you have an opportunity to keep your car and lower your payments. As an average, say your $300-a-month car payment should be able to be knocked down to $200-a-month. Base this on the same interest rate with no penalties. See if they will go for it. If not, tell them you are going to write them a letter and tell them to come pick it up and stop your payments immediately. You will be responsible for any deficiency and the difference of the value they sell the car for, but now you have moved back to (1) and have an unsecured debt to them as if you have a credit card. New debt, new negotiations. The same scenario would apply to anything in store financed (i.e. televisions, furniture), or boats and jet skis. Look at your loan agreement for the words “secured” to decide if you have a secured

Secured Debt: This is your car or boat. Not all debt is unsecured (i.e. credit cards). If you have a car and the payment is killing you, then perhaps you should consider a voluntary vehicle turn-in. You can do this by contacting your vehicle loan company and conducting the transaction similarly as you did with a credit card- let’s rehearse. You must be able to explain your hardship. For example, you lost your job. Pick up the phone, and call. When they answer talk to them: ” I have a car loan with you, and I lost my job and I can no longer afford the payments. I would like to speak to a loan officer regarding a voluntary turn-in of the vehicle because I don’t want you to repossess it from me.” They are going to do one of two things, (1) Tell you where to bring the vehicle, or (2) They will attempt to talk you into keeping the car and changing the credit terms. Remember, the automakers are producing over 10 Million cars per year, with the auto market down over 42% just in the last six months. Nobody wants a used car on their lot. If your creditor would like to refinance, then you have an opportunity to keep your car and lower your payments. As an average, say your $300-a-month car payment should be able to be knocked down to $200-a-month. Base this on the same interest rate with no penalties. See if they will go for it. If not, tell them you are going to write them a letter and tell them to come pick it up and stop your payments immediately. You will be responsible for any deficiency and the difference of the value they sell the car for, but now you have moved back to (1) and have an unsecured debt to them as if you have a credit card. New debt, new negotiations. The same scenario would apply to anything in store financed (i.e. televisions, furniture), or boats and jet skis. Look at your loan agreement for the words “secured” to decide if you have a secured

Bankruptcy: After you have completed re-negotiating your unsecured debt (credit cards), and secured debt (boats and cars); you can now re-evaluate your monthly financial situation. If it looks and feels a little bit better, then be positive. If after a few days, or even months, it seems to have had little to no impact, then it may be time to declare bankruptcy. Bankruptcy is no longer the end of diplomatic relations with your creditors, but it does require that you seek an attorney if you want to maximize your effectiveness in what assets you are allowed to maintain and not sell. If you declare bankruptcy, but want to keep the car you are still paying for then you can keep it out of bankruptcy. As long as it is secured by another creditor, you do not have to declare bankruptcy on the item. Normally in bankruptcy, unless a car has a secured loan on it outside of bankruptcy, you are allowed to keep a car with a value of up to $5,000 to avoid a forced sale if you own the car free and clear. Consult an attorney for the best approach when declaring bankruptcy or debt reduction to fully understand your rights prior to declaration.

Foreclosure: After you have addressed your secured and unsecured creditors, it is time to address your mortgage. In Florida, we have the protection of the Homestead Exemption Statute. Without going into too much detail, what it essentially means is that unless you have a mechanics lien, or a judicial decree, nobody can take your home away but your mortgage company (unless eminent domain issues apply). Just as you did with your secured and unsecured debt, you want to call your mortgage company. First, you pick up the phone and say, “I lost my job, I have no money and I believe I am not going to be able to pay my mortgage shortly.” Your options are similar as before: (1) Lower my interest rates or monthly payments, (2) Restructure my loan agreement, or (3) Talk to my attorney because I can’t afford my house. After this phone call is made, you need to consult an attorney about the next step to take. You need to consult an attorney before you make one more house payment. Do not worry because you are not going to get kicked out of your house tomorrow. Fortnuately, new law is pending in Congress that will allow you to restructure with your bank without consideration. Something previously only allowed between merchants in contract law. We have all seen claims that can be postponed indefinitely. The fact is nobody really knows how long it can be postponed, as the courts begin to be clogged with foreclosures; yet, if you have to pay a power bill or your mortgage at this point – pay your power bill. The electrical company can cut you off, there is no laws that say they have to put you back on. The power company is absolute. You consumed the power, so consider your wallet wisely if you know your going to go under with your mortgage conserve your assets to take care of the same things our grandparents would a roof over your head, electricity, and food. It is the ultimate fall back situation, but faced with the alternative many of us will have little choice but to recess until the billion dollar budget plans put in place by the federal government, and a general credit stabilization takes place.

There is no need to be ashamed nor afraid; you are a survivor and this is part of surviving. Material things can be replaced. See your icebergs before they arrive, and start planning ahead. Keep a three (3) month plan in place, if you get within the ninety (90) day period and do not see the light at the end of the tunnel, you must hunker down and take care of the primary things that support life – shelter, electricity, and food.

James Kunkel is a contributory to the AIM Law Group. The AIM Law Group’s practice areas include Orlando Lawyers. If you need a cerebral palsy malpractice attorney visit here

How To Do More With Less With Your Attorney Marketing

A lawyer is always in need of more clients. How can you make sure to have a continual supply of new business? It might surprise you to learn that it can be easy. So how does an attorney maintain a steady clientele? The simple answer is to let prospective clients know about you and your practice. Yes, you must advertise and do other marketing tasks to get the story out. There are a lot of successful options you can use, but we will discuss what you absolutely should NOT DO here. You can maximize your marketing campaign by steering clear of these three missteps.

Mistake #1 – Neglecting to Make the Most of Your Existing Client Base The most successful lawyers in the business do not simply work hard for their clients while delving into a case; they are also working hard for themselves. How are they doing this? By obtaining referrals from their existing clients! It follows that if you’re helping your clients win cases, they will be very likely to recommend you to people they know who may end up needing a good attorney. But how can you ensure that you will come to mind when they are in this situation? Treat them like a new client in the way you market to them. Create an email or regular mailing list to continue offering your services specifically to the many clients whom you’ve already helped.

#2 Mistake: You Consider Creating a Cheap Marketing Program If you pay a professional marketing firm now, do not try to save money by doing the work in-house. That is analogous to having a person act as their own attorney. And, as the saying goes, “he who represents himself has a fool for a client.” You may save money by reducing your marketing costs, but those savings may be negated by getting fewer new clients. You need to determine what tactics worked in the past and keep to that path. Don’t take out any critical step of the process. Fight the urge to make unnecessary changes, because you don’t want to harm anything that is bringing in new business.

Mistake 3 ” Not respecting the value of good marketing, worse yet – not prioritizing it as Job 1. You could be the best lawyer in the world, but if you have no clients, then what good does it do for you? Skill is essential, but it will only take your practice so far. If you dont make marketing a top priority, there is a high likelihood that you will fail, so you frankly would be better off working for a larger firm. But if you want clients, you have to put yourself out there at all times ” You are selling yourself & building your own brand in your city, or community.

The attorneys who do not make lawyer marketing a priority are more likely to fail in their business of law than ones that do. Break it down to the simple & put attorney marketing on the same high-level that you place on practicing law. Then not only will your success rate in the court room continue, but it will also keep your lobby full of clients! Good luck!

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Speaking To The Right Personal Injury Lawyers

It becomes an immediate need for you to select the right personal injury lawyer in Miami if you are the victim or the defendant in a personal injury case. When you choose one, there is a lot you should take into consideration.

There are several factors that can contribute with the success of your case. And there are also some hindrances that can ruin your winnings. Although there are lots of person who can really represent you in court but it does not mean that you are sure to win the case. But it is up to you to choose the right person to handle your case. And if you want to know how then here are some of the helpful tips to do it.

Find out just what your consultation fees will be before you settle on the right Miami personal injury lawyer for you. Some consultations are free, but some are not and it really depends on the lawyer as to whether they will charge. You also want to know right up front about what the cost will be for his or her services. During the investigation itself you must be able to cover any expenses or services of your lawyer, although they are usually paid with a certain percentage of the winnings.

After determining the amount that you need to pay the Miami personal injury lawyer, then it is time for you to be acquainted with the lawyer. The first thing that you need to check is the rate of his success. It is important that your potential lawyer has the right experience on handling such case. In this you will be able to determine if the lawyer is the right person to handle your case.

You will have to determine which documents are required for your particular case, after you finish investigating the attorney’s level of appropriate experience. You can always inquire of your attorney, if you believe that you do not have to present all of the necessary documents. Everyone is aware of how essential it is to make available all of the necessary documents for your specific case. Providing all of the documents requested will enable your attorney to build your case. To gain the greatest odds of victory in your case, you must work closely with your attorney and offer him all of the assistance that he requests.

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Personal Injury Law

While you may prefer to settle things amicably when accidents happen and are just as happy to avoid the courtrooms, it is still important to know what your rights are, particularly in the area of personal injury claims. When you are injured there can be a ripple effect throughout many aspects of your life, and so it’s vital to know what your rights are. While you may want to forget about the incident and put it behind you, there are many reasons why that simply can not be done.

First of all the results of your injuries could be short term and mild, or they could be long-term and severe. Bruises will fade and if the pain fades with them then it is possible to move on quickly with few complications and without a courtroom. But there are times when the bruises fade only to leave pain that will be with you for a lifetime, and at the moment of the accident you really don’t know how it will play out so it’s a good idea to know what to do should you be injured due to someone else’s negligence.

It is important to do some basic research for general knowledge. There are printed books that will address this issue. You will probably want to choose one that is written for ordinary people, rather than geared specifically towards lawyers. Be sure to peruse the book before purchasing so that you can be sure of the writing style used. There are also many websites that can help you and educate you.

You can also look for related websites that can help you regarding the topic. You will find personal blogs and learn from people’s experiences. You will also find professionals’ sites that offer their services and also give you a good idea of what you will be going through once you have filed claims for the injury that you have gotten.

If you don’t have much time to do your initial research about the matter, here are some things that you must remember to help you when you get involved in these kinds of situations.

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The Difference Between Personal Injury Law And Other Types Of Law Practice

Personal injury (PI) practice differs from other law practice mainly because of financial requirements. In this kind of law practice, a lawyer have to spend his or her time and money getting the case ready for settlement or trial; then gets paid in a year or two, if the lawyer wins the case. Lawyers don’t necessarily get paid for all the time that they spend in the cases and have to do a lot of work. A PI lawyer usually needs to hire doctors, engineers, accident reconstruction experts, and other professionals needed to analyze critical issues and testify in court.

A personal injury lawyer must carefully maintain his caseload so that he is able to hire and pay his experts timely. Therefore, a PI lawyer must continuously make enough money to prepare for additional cases. Because of the personal investment necessary to maintain a successful personal injury law practice, a lawyer must be sure he can balance all these requirements before starting a personal injury firm.

Obtaining a favorable verdict at trial is harder for personal injury cases. Many states are implementing “tort reforms” legislation that places upper limits on the amount of claims of an injured person. Also, a lot of insurance companies and corporate defendants are less motivated to settle before trial. This means that you are most likely to go through the process of filing a lawsuit which entails expenses on filing fees, depositions, expert witnesses and other court costs for the lawyer and long wait for the court decision for the client. Sad to say, because of the long process, many clients end up settling for a fraction of what the case is really worth.

The public’s attitude towards personal injury cases is quite discouraging to law practitioners but the rewards of winning a case are enormous. Oftentimes, we heard news on insurance fraud, scams, and conspiracies involving personal injury lawyers, doctors, and their clients.

But on the bright side of things, nowhere in the practice of law is there more of a David versus Goliath scenario than a person on a court battle with gigantic insurance company or corporation. PI lawyers come in different personality types, interests, aptitudes, strengths and weaknesses but practicing this profession can give you an opportunity to help other people who are wronged and truly in need.

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