- DivorceDivorce is never a pleasant scenario and there are no winners when a family goes through a divorce proceeding. The attorneys at Adams Law, PA can assist you with all aspects of your divorce, including divorce planning, filing divorce petition, child timesharing and visitation issues, child support matters, spousal support, division of marital property and post-divorce modifications.
- Child SupportBankruptcy, however, cannot cure every financial problem. It is usually not possible to: 1. Eliminate certain rights of secured creditors. Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt. 2. Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes. 3. Protect all cosigners on their debts. If relative or friend co?signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case. 4. Discharge debts that are incurred after bankruptcy has been filed. Bankruptcy’s Effect on Your Credit By federal law, a bankruptcy can remain part of a debtor’s credit history for 10 years. Whether or not the debtor will be granted credit in the future is unpredictable, and probably depends, to a certain extent, on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc. Services Available From Credit Counseling Agencies With limited exceptions, Section 109(h) of the Bankruptcy Code requires that all individuals who file for bankruptcy relief on or after October 17, 2005 receive a briefing that outlines all available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days prior to the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted over the Internet or over the telephone) and must be provided by a non-profit budget and credit counseling agency approved by the United States Trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. If you’re not disciplined enough to create a workable budget and stick to it, can’t work out a repayment plan with your creditors, can’t keep track of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it probably makes little sense to consider contacting a credit counseling organization. If, on the other hand, you meet all or most of those criteria, there are many non-profit credit counseling organizations that will work with you to solve your financial problems. But be aware that, just because an organization says it’s “nonprofit,” there’s no guarantee that its services
- Child Custody and Visitation
- Premarital AgreementCall our office at (305) 824-9800 for a FREE consultation with attorney Lydia Quesada to determine your best course of action.
- Spousal SupportChapter 7 In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor’s assets to determine if there are any assets not protected by available “exemptions”. Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor’s residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee’s job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages. However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include some student loans, alimony, child support, criminal fines, and some taxes. Additional information about chapter 7 is available at the Site. In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.
- Intellectual Property
- Premises LiabilityMr. Thaler is a Member of The Florida Bar, 1983 to present. Member of New York Bar, 1984 to present. Assistant Staff Counsel with The Florida Bar, Miami Office, 1983 to 1989. Associate, Deutsch & Blumberg, P.A., Miami, 1989 to 1995. Partner, Deutsch & Blumberg, P.A., 1995 to 2000. President, Louis Thaler, P.A., Coral Gables, Florida, 2000 to present. Pre-Eminent AV-Rated by Martindale-Hubbell (5.0 out of 5). Practice Areas include Personal Injury, Truck Accidents, Medical Malpractice, Products Liability, Premises Liability, Civil Litigation, and matters before The Florida Bar. Admitted to and/or practiced in Florida Supreme Court, United States Southern District of Florida, United States Middle District of Florida, United States Northern District of Florida, United States 11th Circuit Court of Appeals, United States Eastern District of New York, New York Bar First and Third Departments; Circuit Trial Courts in Miami-Dade, Broward, Palm Beach, Monroe, Hillsborough, Sarasota, Manatee, Orange, St. Lucie, Martin, St. Johns, Duvall, Lee, Collier, Leon, Gadsden, Alachua, Osceola, Highlands Counties, Florida; Supreme Court Trial Courts in Queens County, Manhattan County, New York; Trial Courts in Atlantic County, Bergen County, Morris County, New Jersey.
- Real Estate TransactionsReal Estate Purchasing your home is one of the most important decisions you will ever make. It is crucial that you protect yourself and your assets. Whether you are buying or selling a home, refinancing your mortgage, or investing in commercial property, the real estate attorneys at Richard J. Adams, PA can handle all of your real estate transaction needs with the highest standards of integrity, precision and customer care. Our real estate attorneys understand the complexity of a real estate transaction and the many issues that can occur if not handled correctly. We will provide helpful advice and resources for your real estate transaction. We are happy to represent either party, prepare or review contracts, negotiate issues and attend closings. Our services include...
- Property DamageBusiness insurance policies typically cover these losses; however, it often takes extra time and knowledge to estimate and document income loss and property damage. The team at Adams Law, P.A. will work with your accountant to estimate loss, and then cross-examine your insurance company’s accountant while presenting your case to the jury. To accomplish this, our team utilizes forensic accountants, and our lawyers have the knowledge to find faults in your insurance company’s case.
- Personal InjuryBeing involved in an automobile accident can be very traumatic. The results of injury to your body and damage to your car can be extremely expensive, especially if necessary action is not taken. In the event you are involved in a car accident you should consider contacting an experienced personal injury attorney to protect your rights and make sure that you get financial compensation that is commensurate with your injuries.
- Medical MalpracticeMedical malpractice is a physician’s failure to exercise the uttermost degree of care and skills that a doctor or surgeon of the same medical field would employ under similar situations. Since the medical and legal professionals strive to serve the same interests of both patients and clients, when the patient of a doctor becomes the client of an attorney, the responsibility of providing suitable and safe medical care are not left to chance.
- Auto Accidents
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- BankruptcyDo you live in Miami Lakes, Dade, Broward or Palm Beach county? Are you ready for a fresh start? The ultimate goal of filing for bankruptcy relief is to get a fresh start, free from the burden of debts. Whether you are filing a Chapter 13 bankruptcy case or a Chapter 7 bankruptcy case, your objective is to obtain a bankruptcy discharge.
- ForeclosureAre you struggling to pay your monthly mortgage payments and avoid defaulting on your loan, and a potential foreclosure? The professionals at Adams Law, P.A. can help you with a Loan Modification.
- Debt Collection12. Fair Debt Collection Practices Act The FDCPA is a U.S. statute added as part of the Consumer Credit Protection Act established to eliminate abusive practices in the collection of consumer debts. FDCPA allows consumers to obtain validation of debt information and ensure the information’s accuracy.