During the coronavirus pandemic, many borrowers have taken advantage of available 180-day mortgage deferrals. These deferrals provide much-needed short term relief. Unfortunately, the deferral will eventually expire, with the standard term being about 180 days. When the mortgage deferral does expire, lenders will want their money and may come at borrowers aggressively.

Other secured debt relief, such as vehicle payment deferrals, might be available on a case-by-case basis. Even assuming such relief is possible, the same thing inevitably happens. The grace period ends, and aggressive collection techniques begin.

No one is sure how big the coming Chapter 13 bankruptcy wave might be, but almost everyone agrees that it could be a tsunami. These bankruptcies are rather intricate, but they are not nearly as complex as some lawyers believe they are. If the client is unable to pay upfront, the trustee charges nothing to collect the remaining balance.

Assessing the Client’s Need

A few people reach out to bankruptcy attorneys relatively early. They are only a month or two behind on secured debt payments. But most clients wait until a foreclosure sale or other adverse action is imminent. At that point, an attorney must act quickly and decisively to preserve the client’s interests.

As discussed in our companion post, most bankruptcy preparation software programs automatically populate most documents, including the creditor matrix. Home mortgage are bought and sold so frequently that the public record information might not always be up to date. Additionally, not all servicing companies timely inform borrowers of such changes.

So, be sure notice of the bankruptcy filing goes to the proper parties. If a foreclosure sale is scheduled in the next few days, the sheriff or other auctioning agency should also receive official notice. Bankruptcy’s Automatic Stay does not apply if the creditor receives no notice. Additionally, it is rather difficult to undo a foreclosure sale, especially when there is egg on your face.

Charging a Fee

In most jurisdictions, $3,000 is the customary fee for a Chapter 13. Ideally, the client pays the entire fee upfront. But we do not live in an ideal world. Many Chapter 13 debtors do not have instant access to sufficient funds. And, as discussed above, circumstances often dictate that the lawyer file the petition in a few days, or even a few hours, as opposed to a few months. So, a pre-filing payment plan might be impractical.

Many lawyers heavily advertise zero-down bankruptcies. Typically, the client only pays the filing fee. The lawyer receives the full fee via the monthly debt consolidation payment. More on that below. Zero-down and other problematic attorney’s fees arrangements are technically ethical, but there are some concerns in this area.

Typically, it is best to charge some money upfront, perhaps a third, and roll the reminder into the monthly debt consolidation payment. That approach speeds the filing, protects the client from excessive charges, and ensures that lawyers receive compensation for their services.

The Monthly Debt Consolidation Payment

In a Chapter 13, the protected repayment period lasts either three or five years, depending on the debtor’s income. So, it is rather easy to at least estimate the monthly payment amount. Add the debtor’s secured debt and priority unsecured debt together (the legal fee is a priority unsecured debt), add a 10 percent trustee’s fee, and divide that amount by either fifteen or sixty.

Advise the client that the amount is subject to change and the first payment is usually due seven days after the petition is filed. Also advise the client that, if the monthly debt consolidation payment is unaffordable, a conversion to Chapter 7 is usually possible.

Generally, if the debtor stays in the plan at least six months, that is enough time to pay the attorneys’ feel balance.

Possible Adversarial Matters

In addition to motions for turnover and objections to discharge, which were discussed in our Chapter 7 post, a Chapter 13 could involve a motion to lift the Stay. Creditors frequently file these motions if the debtor is more than three or four months behind on payments or the debtor has threatened the collateral in some way.

Getting All Your Affairs in Order

Most bankruptcy adversarial matters settle out of court. That settlement commonly includes an accelerated repayment schedule that is customized to the borrowers’ ability. If you’re unsatisfied with your lawyer or the service you’ve received, you can change lawyers before your bankruptcy is filed. You deserve the highest quality services and expertise to handle your bankruptcy.

 

Lee Paulk Moran has been a member of the Georgia State Bar Association since 1979, and a member of the National Association of Consumer Bankruptcy Attorneys since 2000. His areas of practice include bankruptcy, disability, Workers’ Compensation, and more.

When you are ready to talk about your case, you will receive a free consultation with an actual attorney from Morgan & Morgan. We pride ourselves in treating clients like family, not case numbers.

Although Uber has revolutionized public transportation and provides many advantages for drivers as well as passengers, many Uber drivers worry about whether their liability will be increased if they are involved in an accident while on the job. They are also worried about whether any injuries they suffer will entitle them to sufficient compensation.

If you are an Uber driver with concerns about possible accidents, or if you have already been involved in an accident with injuries, it’s important to understand both your rights and your responsibilities by consulting with an Uber accident attorney.

What a Sharp Personal Injury Attorney Can Do for You

Whether you live and work in California where Uber drivers have been legally designated as employees, or in one of the other states in which Uber drivers are still considered independent contractors, you need a lawyer knowledgeable about your state’s Uber laws and highly competent in both negotiation and litigation.

There is ambiguity surrounding Uber’s ability to shield itself from liability with the independent contractor argument, especially since California law has ruled otherwise. In any case, Uber accident cases can be complex. All the more reason to make sure to seek an attorney with experience and a history of successful outcomes.

A strong Uber accident attorney can make all the difference when it comes to fighting for your rights. You’ll want a lawyer with the skill set [1] to assist you in obtaining damages for losses you’ve sustained and [2] to help protect your assets in case you were the at-fault party and your passenger(s) or individuals in the other vehicle suffered injuries. Because you are David and Uber is Goliath, you need a powerful Uber accident attorney to level the playing field.

How Uber Insurance Works for Uber Drivers

There are several important facts to know in order to fully understand how Uber insurance works for its drivers:

1. Uber offers collision and comprehensive insurance that covers damage to your vehicle when you are working for them (i.e. when your app is on). This insurance has a $1,000 deductible, however, and kicks in only after your own drivers insurance policy has rejected your claim.
2. Your personal car insurance covers you when you are not working for Uber, but you will need rideshare insurance or commercial auto insurance or for when you are working as an Uber driver. If you have an accident while working as an Uber driver, your personal insurance company will almost certainly reject your claim.
3. The level of Uber insurance offers varies according to when your accident takes place relative to Uber employment, depending on whether your accident takes place while you are waiting for a call, driving to pick up a passenger, or actively driving your passenger to a destination. If you are driving a passenger, Uber is required to provide $1 million of insurance on your behalf.
4. If you are at-fault for the accident, Uber covers you only for third-party injuries — that is, those of your passengers or the other driver and his/her passengers. The company does not normally cover your own injuries — those are covered by your personal insurance.
5. If the driver of another vehicle is at-fault for the collision, the at-fault driver’s insurance policy will bear most of the burden. A smaller Uber insurance policy may, however, also be tapped and your own auto insurance may also apply.

Comparative  and Contributory Negligence Make Legal Support Crucial

It is important to remember that not all traffic accidents are the fault of only one person. In a great many cases, for example, at the time of the collision one driver was speeding and the other was making an illegal turn. Such cases are designated comparative negligence or contributory negligence, depending on which state you are in.

Though it seems unfair, in some few states the fact that you bear any amount of blame for the accident makes it impossible for you to collect damages. In  the majority of states, you must be less than 51 or 50 percent at fault to win your allocated percentage of compensation, and in a few others, like California, you can win your piece of the pie even if you are deemed 99 percent responsible for your own injury. Many states use modified versions of comparative or contributory negligence.

The permutations of liability and the various rationales for compensation make it imperative that you have an agile attorney arguing your case. Uber accidents are expensive, financially, emotionally, and in terms of physical harm, especially if driving is your primary source of income. This is why it is essential to have appropriately vigorous legal counsel if you are to come away able with the damages you need to restabilize your life.

Your Rights as an Uber Driver

Your most significant right as an Uber driver is your right to have a dedicated rideshare accident attorney represent you. Accidents involving Uber drivers tend to be more complicated to resolve than those between ordinary drivers. For this reason, you need a savvy attorney who beyond having consummate legal skill has compassion and respect for you as a worker and as a human being.

Author Bio: Joseph Shirazi

As an experienced California car accident attorney, I know that insurance companies take advantage of their customers’ inexperience to short-change them and delay paying them the money that they need now. I take an ambitious and proactive approach to avoid delays in payouts and obtain optimal recoveries, a strategy which has earned me a spot in National Trial Lawyer’s Top 40 Under 40 and more importantly, helped my clients get back on their feet, faster and better. I obtained a doctorate in law from Loyola Law School in 2009 and graduated from the University of California, Los Angeles with honors in 2005. I am also a member of the Consumer Attorneys Association of Los Angeles.

Always work with a criminal defense attorney if you have been arrested and accused of violating the law. The judicial system is engineered to convict suspects and maximize penalties for most alleged crimes, so it’s important to have a Columbus criminal defense attorney on your side when going through the system.

A criminal suspect or defendant needs quality advice and representation in order to ensure they receive fair treatment from police, prosecutors, and judges. They also need assistance from a trained legal professional who can explain what is happening at each stage of the process from arrest through investigation, trial, and sentencing or acquittal.

Hiring a criminal defense attorney in Columbus or elsewhere delivers three major benefits, as described below. Defendants should also keep in mind that they have the right to hire their own lawyer even if they first requested representation from a public defender.

Your Defense Lawyer Will Protect Your Rights

Police must have a justifiable reason to arrest you, and they must follow strict rules when doing searches, gathering evidence, and conducting investigations. Likewise, a prosecutor must share evidence and deal fairly with you and your defense attorney. No one involved in the criminal justice system can mistreat a suspect or defendant because of that person’s race, ethnicity, or religion.

Your Columbus criminal defense attorney will make sure that police, prosecutors, and judges meet their legal duties to respect your rights and that they follow the rules that apply to your case. Any violations of your rights or of procedure can be cited as grounds for having the charges against you dismissed or used as grounds for appealing a conviction.

Your Criminal Defense Attorney Will Listen to Your Side of the Story

Criminal suspects and defendants often feel that the system is stacked against them. They get the sense that no one will even listen to their explanation for what happened, let alone believe them.

Hiring a Columbus criminal defense lawyer gains you an ally who is only interested in making sure your side of the story gets told and considered with equal seriousness. It is, however, important that you tell your attorney the truth and share all the details relevant to your case, so they can track down evidence, speak with witnesses, and arrange for people to testify on your behalf.

Your Defense Lawyer Will Fight for Your Best Outcome

You may not be able to have your case thrown out. The evidence against you may be enough to convict you. In such circumstances, your criminal defense attorney will do all that the law allows to get charges reduced and penalties minimized. Often, achieving those goals requires striking a plea deal with the prosecutor.

Since prosecutors know that many defendants are eager to plead out rather than risk a trial, they will sometimes offer an arrangement that does not actually benefit the defendant. Your defense attorney should know the law and be able to spot an unfair deal. They will then advise you not to accept the prosecutor’s offer and put pressure on the prosecutor to put together a better plea deal.