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How much will my fees be?
Answer:
Fees for services depend on the type of case. Our fees
for many criminal cases are charged as a flat fee for
the first stage of a case and then as an hourly fee
thereafter. In most areas of domestic relations practice,
the fees will be charged at hourly rates. In personal
injury/accident cases, the fees will usually be on a
contingency fee basis, where the attorney fees are only
paid if a recovery is made.
What is the difference between Dissolution
and Divorce?
Answer:
Although both a dissolution and divorce are proceedings
to end a marriage, a dissolution can only be used if
the husband and wife reach a complete agreement on all
issues that must be resolved before ending the marriage.
This means they must agree on all terms with regard
to property and debt division, spousal support and any
child related issues. If they cannot come to a complete
agreement, then a divorce action will need to be filed
so that a judge can hear evidence and make a decision
concerning any contested areas.
What is the difference between Chapter
7 and Chapter 13 Bankruptcy?
Answer:
Although there are too many differences to fully set
forth in a short summary, some of the basic differences
are as follows: In a Chapter 7 bankruptcy case, the
Debtor generally does not have to pay future income
to the Bankruptcy Court. However, if the Debtor owns
property with equity above the amount the law says the
Debtor can keep, then the Bankruptcy Court will take
that particular property and sell it and use the proceeds
to pay Creditors. Additionally, if a Debtor is behind
on payments on a loan secured by property the Debtor
wants to keep (for example, a house), a Chapter 7 bankruptcy
does not provide a mechanism for curing the default.
As a result, if a Debtor has not worked out new terms
with the Creditor, the property will be subject to repossession
or a forced sale. In a Chapter 13 bankruptcy case, a
Debtor must pay money to the Bankruptcy Court for at
least 3 years and up to 5 years. The benefit of a Chapter
13 bankruptcy is that the Debtor can keep property that
would have been taken by the Court and sold in a Chapter
7 case. Further, a Chapter 13 case gives a Debtor the
opportunity to cure defaults by "catching up"
on amounts owed to Creditors before the Chapter 13 case
is concluded and therefore prevent repossessions and
forced sales.
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