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How Do I Know If My Debts Are Secured Or Unsecured?

By stonehavenlaw on April 23, 2012 in , ,

A secured creditor is one who can take a certain property back from you until if you fail to comply with the terms of your repayment agreement with them. Some common secured creditors are mortgage lenders (which can foreclose on your house if you fall behind on your mortgage payments) and car lenders (who can repossess your vehicle if you fall behind on your car payments). It is generally easy to determine whether you have these secured creditors, because you most likely knowingly and voluntarily entered into these secured loan agreements.

Sometimes certain creditors place involuntary liens on property by obtaining a judgment against you. Be sure to let your attorney know if you have such creditors so that your attorney can determine if these types of liens can be removed.

Unsecured creditors are generally those creditors who cannot take your property if you fail to pay them without first obtaining a judgment against you in a court of law. These tend to include medical bills, credit cards, deficiency amounts for repossessed vehicles, etc. Sometimes certain credit cards are actually secured creditors. These creditors tend to be those who loaned money for the purchase of items such as electronics or furniture.  You should be able to find out if you have any secured creditors like these if you thoroughly read through the agreements you signed with them.

Since the facts of every case differ, it is important that you consult with an attorney for proper guidance in classifying your creditors.

To find out more about the classification of your creditors in a bankruptcy, call and schedule a free consultation with a bankruptcy attorney at the Stone Haven Law Group today.

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Do I have to include all of my creditors in my bankruptcy?

By stonehavenlaw on April 16, 2012 in , ,

You are required to list everyone that you owe money to in your bankruptcy petition. If you feel inclined to do so, you may still repay your creditors after your bankruptcy. The bankruptcy discharge does not prohibit you from paying creditors at a later time. What a successful bankruptcy discharge does is take away the right of your properly noticed creditors from collecting from you outside of the bankruptcy. That means, creditors who were properly notified and discharged by your bankruptcy are not allowed to file lawsuits against you, place liens on your property, garnish your wages, call you in order to collect from you, etc.

You will be listing everyone that you owe money to in your bankruptcy, including secured and unsecured creditors. That means, in addition to listing your credit cards, you will also list your home mortgage lender in your bankruptcy petition. Your attorney will state your intent with regard to your secured debts within your bankruptcy petition. So if you want to keep your house, your mortgage lender will know that you plan on continuing to make your mortgage payments based on the information contained in your bankruptcy petition.

It is very important that you provide your attorney with all of the facts about your case, so that each of your creditors are properly notified of your bankruptcy filing, and so that they are made aware of your intent regarding any secured loans and leases you may have.

If you have questions about your particular creditors, call and schedule a free consultation with a bankruptcy attorney at the Stone Haven Law Group today.

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How do I know if I qualify for Chapter 7 bankruptcy?

By stonehavenlaw on April 10, 2012 in , ,

The first thing to consider when determining whether or not you qualify for a Chapter 7 bankruptcy is your income. The general rule, if you are a California resident, is: If you make less income than the average California household of your size, then you are most likely capable of filing a Chapter 7 bankruptcy. There are a few exceptions to this rule. Therefore, like all legal matters, it is very important that you consult with an experienced bankruptcy attorney. In order to prepare for your bankruptcy consultation, it is good to have a basic understanding of the Chapter 7 qualification process.

First, you must be able to provide your attorney with your gross income information. If your income fluctuates from month to month, you must calculate your average income for the past six months, then use that figure to determine your annual income. Remember, you must provide your attorney with your spouse’s income information even if you are filing for bankruptcy on your own!

If your gross annual income exceeds the average California household’s income, you must take and pass the “means test” in order to determine whether or not you qualify for chapter 7 bankruptcy.

Once it is determined that  you qualify for a chapter 7 bankruptcy, your attorney should be able to go over the facts that are particular to your case in order to determine whether filing for chapter 7 will be of the most benefit to you (as opposed to filing chapter 13 bankruptcy.)

To learn if you qualify for chapter 7 bankruptcy, call and schedule a free consultation with a bankruptcy attorney at the Stone Haven Law Group today.

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How To Find A Good Personal Injury Attorney?

By stonehavenlaw on April 4, 2012 in

After suffering from inconvenience and injuries at the hands of an insignificant party, you may need the help of a good personal injury attorney to claim on your personal injury to secure precise compensation.

Before hiring a personal injury attorney, it is necessary to realize about the ability of different attorneys. It can take great exertion on your side to search for a good personal injury lawyer; there are many tips to do this which includes:

  • Modern methods: There are several ways to follow here, such as searching in the internet for an experienced lawyer and reacting to radio and television billboards and ads.
  • Referrals through word of mouth: This is one of the effective methods to find a sufficient product or service. Most bar associations provide referral services in which the details of the lawyers are available, which are arranged by legal specialty. The quality of these referral services may vary from one person to another. However, they are supposed to be certified by the state bar association. Some referral services cautiously choose attorneys and list out only qualified and experienced attorneys. While choosing an attorney referral service, go through the qualification of attorneys and their capacity in dealing such personal injury cases.
  • Acquaintances and friends: Talk with colleagues and friends who have been symbolized by an attorney in their claims of personal injury. If your co-worker or a friend says positive things about the attorney, take that lawyer into your list of people to confer. But do not make a final decision about a lawyer individually on the basis of your friend’s or coworker’s recommendation. Responses of different people on lawyer’s personality and style may vary from one to other.
  • Other lawyers: One more place to look for a referral to a qualified and experienced personal injury attorney is through some other lawyers whom you know. Commonly lawyers refer their case to one another, so most of the lawyers will know about the lawyer who deals personal injury cases.
  • Select the best attorney for you: To find out whether the lawyer is good for you, consult the lawyer to discuss your case and possible ways to deal with it. Bring all your documents such as: medical reports, bills and police report, all agreements with insurance company, and loss of income information. For the primary consultation, most lawyers do not charge money. But before going to meet with an attorney, make sure that he or she will charge anything for you as consultation fees. Just for discussing about your case, if the lawyer charges you, don’t take him in to your final list and go somewhere else.
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The Process To Get The US Citizenship

By stonehavenlaw on March 13, 2012 in ,

After you got the green card for some years, the next thing is you have to apply for US citizenship. It can be acquired by the naturalization process or by birth. The process of immigration to become an Us citizen is known as naturalization. As a part of this process you need to attend citizenship test during the interview. When you clear the test, you will get the citizenship. (Green Card Attorney)

You have to follow certain steps to get the US citizenship, which include:

  • Find out the eligibility criteria
  • Complete an application and gather required documents
  • Get photographed
  • Send your documents, fee, along with your application form to the service center
  • Get fingerprinted
  • Being interviewed
  • Receive the decision
  • Take the acknowledgement and you can be a citizen

Find out the eligibility criteria:

  • You are at least 18 years old, and you have been a green card holder for at least 5 years.
  • You have been present in US without leaving the country for 6 months due to any cause.
  • You are able to write, speak, and read English and you must have good knowledge on US government and history.
  • To get the eligibility of naturalization you need to have a good personal character.

Complete an application and gather required documents:

N400 is the official application form for naturalization. It is not that much easy to fill out the N400 form. There are some difficult questions, which are unable to understand their significance. In addition to that, during the interview process, USCIS officer would ask you questions like: tell me about yourself, your employment, your family, and criminal background. All these questions are normally from the N400 form. So you need to understand all the questions on N400 form, to pass the US citizenship test. You have to send the copies of several documents along with your application. Depending on your personal situation, you will need to send these documents.

Get photographed: You have to include two color passport size and standard photographs along with your application. Most of the photographers know the required style.

Send your documents, fee, along with your application form to the service center: The application fee for filling the naturalization form is: $595.00 and the finger print charges to the biometric services is $80.00. So, totally you will need to send $675.00 fee along with your application. Pay this with money order or a check on an U.S bank payable to the homeland security department. Do not send that fee in the form of cash.

Get fingerprinted: After filling your application form, USCIS will inform you through a letter regarding, when and where you have to attend to give the fingerprints.

Being interview: Your interview would be scheduled by the USCIS. You will be informed through a mail that contains the information about where and when you need to appear for the interview. You need to bring the identification while going for the interview, such as your permanent residence or green card, passport, and re-entry permits.

Receive the decision: Your interview results will appear in a form N-652, which gives you the results of your interview. After your interview, depending on all the information that is received by the USCIS from you, USCIS will decide to continue, grant, or deny your US citizenship application.

Take the acknowledgement and you can be a citizen: If USCIS accepts your application for citizenship, you need to attend the ceremony and receive the Oath of allegiance to the United States. You will be informed by the USCIS regarding the date and time of your ceremony.

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Is The EB-5 Immigration Visa Program Safe?

By stonehavenlaw on March 6, 2012 in ,

Applying for EB5 visa is the most specific way for you to live in the USA. By investing $500,000 into the US government designated as Regional center program, you, your spouse and your children will be allowed for a permanent residency or green card. This visa allows you to run a business, to take a job, or to retire and to stay anywhere in the US. If you have permanent residence, you can access all the benefits as a US citizen.

Is the EB-5 visa program safe? This question is being asked by many people who are looking for EB5 immigration investor visa process, the answer is simply yes. It is proven by the increasing numbers of permanent residents who are entering into this program. It is very interesting to compare these successful EB-5 client situations that are living safely as permanent residents in The United States with the people who experience risks by holding L1, E2, F1 and H1B visas as they are facing many ongoing problems along with the ultimate difficulties of their visa not being renewed and instead of that they are being banished from the USA back to their home country.

Unfortunately due to the poor advice and processed unwisely through an incompletely proven Regional Center Program, some EB5 visa holders indeed the loss of funds or they may experience EB5 refusals at the I-829 or I-526 stage. However, these issues could have been prevented if the appropriate advice had been sought at first.

Many successful EB-5 visa holders have commented that their considerations while obtaining the visa, have all the conditions would be removed after 2 years, and consider the safe returns of their $500,000 within 5 or 6 year period. To acquire this, many residents are emphasized the importance of acquiring impartial advice on the regional center programs at the starting stage of the process and the requirement for such advice to be independent, experienced and without a hidden record.

There has been a small number of people who experienced issues such as refusals at I-829 or I-526 stage, or the loss of their funds.

There are some points, which you have to fallow while continuing for the Eb-5 visa process. Start by seeking impartial, experienced and independent advice at the starting stage of the process. Go with a company who have given successfully over 150 visa holders, and worked with several regional centers, have worked with persons from different countries, proven regional center program and have

Good contacts with number of popular EB-5 immigration attorneys. Check out with any principal or officer of the company from where you are seeking help, have a patterned history such as investigation by the federal agencies or other local agencies.

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Myths About EB-5 Visa

By stonehavenlaw on March 1, 2012 in , ,

The EB-5 visa program may become complex for some persons who are trying to get green card in the United States through the investment program. Most of the investors do not be sure about the obligation or options facing them, requiring legal help to alleviate the headaches, this type of investors should be careful about the misconceptions or myths regarding the EB-5 process.

We can find out whatever we require about a regional center from the conducted tour:

Mainly the tour of the regional centers can be useful for the shortlisted potential EB-5 investors. However, it is necessary to seek independent and experienced advice on what to look for.

Any lawyer alone would provide all the information that you need to make the decision regarding programs of regional centers:

While it is important that specialized and experienced EB-5 visa lawyer is used as the part of your team in EB-5 process, it is quite interesting that many of the most experienced and leading EB-5 immigration lawyers have expressed the reservations about lawyers providing complete suggestions about which regional center is suitable for their clients, for a start, many lawyers are unlikely to visit the regional centers and also seen behind scenes. Their focus would be on the law aspects of the immigration process.

We do not require a specialist or an intermediary EB-5 consultant as if you obtain all the required information from the regional center:

There are so many regional centers that are competing for business. From those regional centers, some are really excellent in the art of selling a place to you on their program. Particularly there are excellent programs, but there are also some centers, which have had denial, a center may lose its rights to operate its program. One believes that the regional centers would not highlight these points to the potential investor.

Brochure of the regional center contains all the information that you need:

Generally a brochure is a sales document that would be intended to persuade and inform you to buy in to a certain program. Most of the regional centers are seeking to raise the funds for certain project that they would promote and begin by appointing a sales team and also produce marketing or sales brochures. DVDs or brochures are not the best way to find information on certain program.

No one get their funds back from the EB5 program:

Sometimes, you can see this in the out of date blogs of immigration. The pilot program was commenced six years ago and so many people who invested in recent years have received their money back.

The older regional center is the better one:

Certainly it is true that the regional center that was established many years ago will have a measurable track record.

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Short Sales – Advantages and Disadvantages

By stonehavenlaw on February 20, 2012 in , ,

A short sale is occurring if the home owner delays on their loan payments. When the home owner faces foreclosure, he sells the property for less than what is debited to the lender. Those sales need to be approved by the mortgage lender. These short sales become very popular. There are many reasons why they are become so prevalent nowadays. In some cases, home owners fall behind due to their job loss, others with adjustable- interest rates can’t make payments If their interest rates rise; others because of sickness or divorce. A lot of home owners have seen that value of their home decrease and when they want to refinance.

Foreclosure is a huge frustrating task for every person who is involved in that, more and more often mortgage lenders are becoming irresponsible home owners , who try to sell their property lesser than the amount what they are still indebted to in loan payments. There are many potential hazards to dealing with a short sale property, but it is also a financially sensible investment. There are definite advantages and disadvantages that you need to understand before making a decision.

Advantages:

  • Real estate agents, closing and title agents, brokers can all get profit from short sales.
  • You can be in control of the deal.
  • Inhibit the remark “foreclosure” on the credit account. Mortgage lenders affirm another way and some would not bear them to the credit bureau whatsoever.
  • The home owner may also be benefited from the short sales in which it eliminates a foreclosure on their final credit report.
  • It is also usually quicker and less costly to resolve than some other alternatives.
  • If you have had reported for a foreclosure notice, you can manage this action to postpone while the bank thinks about with your short sale. It may take two to three months or more time to approve all these by the bank.

Disadvantages:

  • So many states would still tax you, if you fail to meet the requirements and needs for an exemption.
  • Not each and every home or seller qualify for the short sales.
  • Not all mortgage lenders will take bargain payoffs or short sales, most importantly if it could make profuse financial sense to foreclose.
  • If you want to sale your remaining, then it may not be the best option for you. An experienced short sales lawyer can advise you about the options that are available to you, which can protect you and your property.
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Can I File Bankruptcy for Free?

By stonehavenlaw on February 5, 2012 in ,

Filing for bankruptcy is a very costly process. Any person who is facing problems in filing bankruptcy is not only concerned with the personal cost to their assets, finance and credit, but also he/she wonders about the cost to file for bankruptcy. However individual does all the required legal works themselves, there is a need for submitting documents, bankruptcy forms and requirements, so it is not free of cost with any court.

“Can I file the bankruptcy for free?” is the very first question, which comes in to the minds of individuals who are willing to file a bankruptcy because of their low credits, assets and finances. A consumer needs to be updated on bankruptcy filing information before file for bankruptcy offline or online. Generally, an individual, who is filing the bankruptcy under chapter 7 would pay $200, and likewise the person who is filing under chapter 13 will have to pay $300. These amounts do not include any professional or legal financial advice, and attorney’s fees.

If you have good knowledge about bankruptcy, then filing it through online will become very easy for you. If you want to file for bankruptcy at free of costs, then the best way is to meet any credit consulting agency, or any financial management group or a legal agency. The appropriate legal or financial agency will help you in providing free analysis of your financial situations and filing bankruptcy through online.

If you are searching for an easy and cheap way to file for bankruptcy, it will be a good idea about filing through online instead of hiring an attorney for this process. But before continuing for this procedure, you should be aware of the law of the state government from where you are applying. Only updated information about bankruptcy will helpful for you in terms of saving your money, so keep this thing in mind while filing for bankruptcy.

Filing costs: There is no way to escape from these filing costs of the bankruptcy case in the court, so everyone must have to pay. However, there is an option, which may allows you to get your fees of filing waived, but it is very rare so most of the people must pay through a payment plan or upfront.

Unless you have very low income and your chances of getting an attorney, taking credit classes is impossible for you, then better ask a legal adviser about your condition. In normal condition you have to pay something. Filing cost and credit classes alone are all cost almost $300. If you are looking for a bankruptcy attorney, fees may vary greatly; it may cost another $500 to $700 or even more.

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Different Types of Temporary Visas

By stonehavenlaw on February 2, 2012 in ,

So many people are coming to the US on temporary visas. This is the initial step in the process of applying for a permanent visa or green card. This temporary visa allows you to stay in the country till the approval of the application. Apart from this, so many people are coming for several temporary needs. So, they need the permission to live in the US, which is available in the form of visa. There are different types of temporary visa options to apply for. Here are several types of temporary visas:

  • F-1: Also called as student visa, this type of visa allows foreign students to study in the US educational institutions, and some visas also allow limited employment. The length of the F1 visa depends on how long the student will be studying.
  • B-1 or B-2: These visas are issued for business travelers for particular activities in the US such as to attend the convention of the business and to consult with business associates. The time period of B-1 visa will be remained up to six months.
  • K-1: It is also called as fiancé visa. This type of visa is issued for the fiancés of the US citizens who are living outside the US. K-1 Visa is valid up to 90 days only. After marriage it will be proceeded to get the green card.
  • K-3: It is also called as spousal visa. These are issued for the U.S citizens spouses who are staying outside the US. K-3 visa is valid up to 2 years after that it proceeds to the process of acquiring the green card.
  • R-1: This is for religious workers, who are being transferred by associated international church to the US.
  • P-1: This type of visa is issued for internally recognized athletics and entertainment groups.
  • J-1: These visas are for the exchange program participants. This will allow the business trainees to acquire information about profession or an occupation in the US. The duration of this type of visa is 12 months to 7 years that depends on the category for which you are applying.
  • TN: These visas are for Mexican and Canadian citizens for one year with unlimited renewals. For long term strategy these can be processed for dual-intent visa or investor visa and then green card.
  • H-1B: This type of visa is for professional workers in a wide range of applications. This is valid up to 3 years with one renewal it will be valid for 6 years. These visa holders can proceed to acquire the green card.
  • O-1: This type of temporary visa is issued for the people who have an extraordinary ability in arts, sciences, business, education or athletics. The duration is for 3 years. This can be proceeded to acquire green card after you start living in the US.
  • E-1 or E-2: These are applicable for business owners and investors to invest an ample sum of money and also to obtain a controlling interest in a business activity in the US. It is also a renewable visa.
  • EB-5: This type of visa getting program is offered for those persons from foreign land that who are in the action of investing minimum $ 1million in a commercial enterprise and employing at most 10 full time U.S employees.

For more detailed information about each type of visa, you can contact an immigration attorney in your region.

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