Bankruptcy
It might be the best thing you can do for yourself and your family. You do
not need to remain in debt over your head, sending hundreds or thousands of
dollars a year in interest to creditors whose balances never seem to go down.
The bankruptcy solution is quick, certain, and affordable.
Q. What is bankruptcy, anyway?
A. Bankruptcy is a system under which a person's debt may be
legally "erased" and made uncollectible. It is a complicated subject,
especially after the passage of BAPCPA in 2005, but we have handled hundreds of
bankruptcies for all kinds of people with all kinds of problems.
Q. Can credit card debt be listed in a bankruptcy?
A. Credit card debt, medical debt, auto loans, mortgage
debt, and almost all other debt is fully dischargeable in bankruptcy, even under
the new law. Don't be fooled by publicity to the contrary.
Q. My wages are garnished. Can bankruptcy help?
A. Bankruptcy stops the actions of almost all creditors who
are trying to collect money from you, immediately. It is generally illegal to
try to collect consumer debt from a person who is in bankruptcy.
Q. How can I get more information?
A. Call our office and ask for a questionnaire to help
organize your information. Then call for an appointment and spend 20-30 minutes
talking with Cameron Phillips about your situation. There is no fee for these
services.
Personal Injury
Q. I've been hurt in an automobile accident. What should I do?
First, get the medical treatment you need. You will be
blamed for your injuries if you fail to obtain reasonable and necessary care.
Your chances of recovery will also be enhanced by seeing a doctor, and following
up with a physical therapist if recommended, and obtaining whatever medication
is prescribed. If the accident was not your fault, there will be funds available
to pay for this necessary care.
Second, don't sign anything given to you by the other
driver's insurance company. You will not know what your long term health
condition will be for several weeks or months after the accident, so don't be in
a hurry to settle for a few hundred dollars.
Third, notify your own insurance company of the accident,
and check your coverage. You may have medical coverage that is part of your
vehicle insurance that will pay for necessary treatment. Your health insurance
will also cover these expenses, if you have health insurance.
Fourth, either retain possession of your vehicle so that it
may be used as evidence later, or at least take some high quality photographs of
the damage that the accident caused.
Fifth, start a notebook in which you can record the effects
of the accident on your daily activities. A year from now, you won't remember
that for the month after your accident you could not walk down the stairs, or
stand up in the shower, or sleep on one side or the other without pain. These
are important facts to be able to report later, to an insurance claims person or
to a jury in court. Keep a good record if disruptions of your daily activities,
and also write down any financial issues, such as lost wages, lost vacation due
to missed work, out of pocket expenses for medicines, etc. This information is
much easier to record as it is developing than it is to reconstruct later.
Sixth, obtain a copy of the police report that was taken at
the scene of the accident, if there is one, and follow up at the courthouse to
see whether the other driver was issued a citation and whether he or she plead
guilty to the charges. A guilty plea in a criminal case, even a misdemeanor, can
eliminate the need for you to prove that the other driver was liable. The guilty
plea takes that issue off the table.
Lastly, at point perhaps 14 to 30 days after the accident,
you should arrange to meet with one or more lawyers who deal with injury cases
to find out what your rights are and to obtain an evaluation of your case. We
hope you will come to us for a consultation, and there is no fee charged
whatsoever to listen to your facts and give you an evaluation.
Wills, Estates Administration, Probate, Trusts & Related Topics
Q. What is probate?
A. Probate is the process of having a court appoint someone
to serve as a personal representative to gather up the assets of a decedent,
to pay bills owing, and to distribute the assets of the decedent in the way the
Will directs, if there is a Will.
Probate in Idaho is simple, usually quite inexpensive process, costing less
than $500, usually, and is necessary to pass title to real estate owned by the
decedent and other types of property. A personal representative can usually be
appointed within a few days of the death, and that person will have the
authority to withdraw funds from the decedent's bank accounts, to pay bills, and
to take other necessary action on behalf of the decedent's family members.
Q. What is a "living trust"?
A. A "living trust" is a device used to avoid probate, which
is very expensive and time consuming in some jurisdictions, notably California,
Florida, Michigan, Minnesota, and New York. In order to be effective, all of
your property must be owned by the trust at the time of your death, or probate
will still be required. This means that the real estate needs to be deeded to
the trust, bank accounts and brokerage accounts need to be titled to the trust,
and vehicles must be in the name of the trust.
A living trust has no effect on estate tax, but does serve useful purposes in
some cases. We are glad to talk with you about your situation at no
cost. |