Frequently Asked Questions
After a serious accident or major business dispute, it is not uncommon
for parties to have questions or concerns regarding their situations and
how they can go about finding a resolution. At The King Law Firm, we are
proud to offer more than 30 years of collective experience handling a
variety of complex commercial, business, and civil disputes. Our firm
stands ready to ensure that each individual or company who seeks our attention
receives the best possible resolution and the highest amount of compensation
available for his or her situation. In this section, we have comprised
some of the most commonly asked questions regarding commercial, bankruptcy,
personal injury, and criminal cases. If you find that you are still seeking
answers, do not hesitate to retain the assistance a New Jersey attorney
from our team right away.
BANKRUPTCY FAQ'S
What is the difference between Ch. 7 and Ch. 13 bankruptcy?
The basic difference between a Ch. 7 and Ch. 13 bankruptcy, is that a
Ch. 7 is a complete liquidation of your assets to pay off any debts due
to creditors. If there are no assets, than this is considered a "no
asset" bankruptcy and creditors will receive nothing in the way of
payment, and the debtor will receive a complete discharge of their debt.
This means that they no longer have the obligation to pay the debt previously
owed. A chappter 13 on the other hand is a reorganization of debt, and
the debtor will be required to pay back all or some portion of the debt
previously owed. If you want to keep your assets, than a Ch. 13 is likely
the best option.
Can I save my house from foreclosure or stop a wage garnishment with bankruptcy?
Yes. The U.S. Bankruptcy Code offers an "automatic stay" which
means that all collection must stop once the bankruptcy is filed. In the
event that you are facing a foreclosure, a Ch. 13 filing will allow you
to keep your house and pay back the arrears owed over a period of up to
5 years (or 60 months). You will also be required to start paying your
mortgage again. Thus, you must have sufficient income to pay your regular
mortgage, a payment on your arrears to the U.S. Trustee (the ywill forward
the payment to the mortgage company), and your living expenses. If you
can meet these financial obligations, than you will be permited to continue
your Ch. 13 filing. If not, the case will eventually be dismissed.
What is the process for filing bankruptcy?
There are various steps that you have to take whether you are filing a
Ch. 7 or Ch. 13 bankruptcy. First, you will be required to take a credit
counseling class. This class can e taken online or over the phone and
typically lasts an hour. Once completed, you will receive a credit counseling
certificate, which will be used as part of the bankruptyc filing. This
class is mandatory and must be taken prior to filing bankrupct, or the
case will be dismissed. Once the petition, schedules and certifiactions
are filed, you will receive a case number and a date for the "341
hearing of creditors." This meeting usually occurs 30-45 days after
your initial filing and is a meeting with the U.S. Trustee appointed to
administer your bankruptcy case. This meeting is an opportunity for your
creditors and the Trustee to ask questions about your bankruptcy filing.
Once this meeting is concluded, if you have filed a Ch. 7, than you will
receive a discharge Order from the court within 60-90 days. If you have
filed a Ch. 13, than you will have a confirmation hearing, where the court
will consider your Plan of Reorganization.
How long does bankruptcy and take and what will it cost me?
If you have filed a Ch. 7 Bankruptcy, it typically takes 3-4 months from
teh date of filing to receive a discharge. This time frame could be extended
depending on whether there are problems with your filing. If you file
a Ch. 13, than you can expect to receive an Order confirming your plan
within 2-3 months after filing. This time could be longer depending on
the nature of the case. The cost for a Ch. 7 filing is typically $1,500
to $2,500 depending on the nature of the case, number of creditors and
other factors. There is also a court filing fee of $300. A Ch. 13 bankruptcy
is typically costlier as there are many more hours expended to your case.
Ch. 13 cases cost approximately $3,500, but may be lower or higher depending
on the complexity of the case. the credit counseling class is usually
$25-35 per session.
Do I really need an attorney to file for bankruptcy?
Yes! You should never take legal action without the assistance of an experienced
bankruptcy professional. While you are free to file your bankruptcy on
your own, act with caution as the process can be complicated.
PERSONAL INJURY FAQ'S
How much is my case worth?
Each person's case is different. It requires the assistance of an
experienced attorney to determine how much compensation you may be able
to receive. When you work with our firm, we can quickly evaluate your
situation and determine what damages you may be entitled to recover.
Will I have to go to court?
With any legal case that is filed in New Jersey, there is a chance that
you will have to go to court; however, most personal injury cases are
settled without the need for a trial. Our firm can work diligently settled
your case in a timely manner, but if going to court is necessary, we can
represent you skillfully at trial.
How long will it take before I am able to receive compensation?
For each case, the amount of time between the filing of the lawsuit and
the completion of the case will vary. It is essential that an attorney
represent you to ensure that the case is expedited and you can receive
compensation in a timely manner.
Who is liable for my injuries?
It may seem pretty straightforward to you who is responsible for your
injuries; however, that may not necessarily be the case in a legal sense.
When you work with an attorney from our firm, we can thoroughly investigate
your situation and make sure that the true responsible parties are held
liable for their actions.
Do I really need an attorney?
Yes! You should never take legal action without the assistance of an experienced
professional. The statute of limitations and various laws regarding personal
injury and liability can be difficult to understand. If you have been
injured, work with The King Law Firm right away!
CRIMINAL DEFENSE FAQ'S
What should I expect from my criminal defense attorney?
At the King Law firm, our team is well equipped to handle both misdemeanor
and felony charges. You can expect a free consultation, where we will
assess the charges against you and offer you, our view, of teh vaailable
options to defend you, and the possible outcomes. Each person's case
is different. we never offer guarnatees, but we do tell you what the probable
outcome, given our expereince and your unique set of facts. If appropriate
we will work to get a you a plea offer, or represent you at trial, if
the case is brought before a judge or jury. We will work hand in hand
with you throughout the criminal proceeding, attending all hearings and
brining the case to a conclusion.
Will I have to go to trial?
With any legal case that is filed in New Jersey, there is a chance that
you will have to go to trial. However, the prosecutor normally makes a
plea offer, which you consider before deciding to go to trial. We will
work with you to first get the best possible plea offer, and than assist
you with making a decision about accepting or rejecting the plea offer.
Do I really need an attorney?
It is always a personal choice whether to get the assistance of an attorney
or to handle the case on your own. This is a personal choice that only
you can make. You should consider the seriousness of the charges against
you and whether you can successfully handle the case. We are here to help,
so call and get a free consultation to see if you need our assistance.
Real Estate FAQ's
Schedule a Free Consultation
Are you ready to move forward with your case? It is important that you
contact an attorney as soon as possible. Our team of dedicated legal professionals
stands ready to ensure that your rights are protected and that you receive
the compensation that you deserve. We encourage you to direct any question
or concerns you have to our team by
contacting The King Law Firm and scheduling a
free case evaluation as soon as possible. Complete the online form today to get started!