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harnettlawyer · 3 years
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North Carolina State child custody laws are fairly similar to others, and NC has adopted the Uniform Child Custody Act. North Carolina child custody laws recognize the option of joint custody, allows for visitation by grandparents, and considers the child's own wishes before ordering custody terms. If there is no custody order, both legal parents have equal rights to the child. Legal Parents are people officially recognized as parents on the child's birth certificate, a court order, or an affidavit of parentage. At Miller & Smith Law, both are the good Divorce Lawyer Raleigh NC, will help you with divorce, separation, child custody and support, and alimony. Call on today at (888) 930-6753.
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weiklawoffice · 3 years
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Are Creditors Garnishing Your Income or Bank Account? Consider Chapter 7 Bankruptcy in Raleigh, NC
The last thing you need when you're neck-deep in debt is a garnishment. It's a nightmare to have your paycheck reduced, and it triggers a vicious cycle of sinking further and further into debt.
If this is happening to you right now (or you’re afraid it’s going to happen), Weik Law Office can help.
Attorney Weik routinely helps clients take the proactive step of filing for Chapter 13 or Chapter 7 bankruptcy in Raleigh, NC to stop a garnishment in its tracks. But first, let's talk about the basics.
What is Wage Garnishment in Raleigh, NC?
Wage garnishment is when an employer receives a legal notice requiring them to reduce the amount of your paycheck under a court order. The money is remitted to the creditor, and you will receive an amount that satisfies the court's order.
The garnishment won't stop until they lift the court order or you satisfy the judgement. They can take as much as 25% of your income depending on the details of your situation.
For a closer estimate of how much they can take from your wages, talk to our bankruptcy attorneys in Raleigh, NC.
3 Common Reasons for Wage Garnishment
There are many reasons for which you can be subject to wage garnishment. These are the most common ones:
Child Support
Child support is an obligation that continues even after you get divorced or separated from your spouse. If you become unemployed, wage garnishment is one method used to make sure your child gets what they need. In most cases, that’s until they turn 18.
IRS Debt
Tax debt is often a consequence of an audit or missed deadline. The IRS has very stringent measures for tax debt, and wage garnishment is one of them.
There are other types of wage garnishment in North Carolina, and Attorney Weik will walk you through them during your consultation.
Fight Wage Garnishment with Raleigh Bankruptcy
Do note that not all types of garnishment can be stopped by bankruptcy. For instance, child support is considered a non-discharged priority debt, so you’re obligated to continue payments regardless of your bankruptcy status.
Despite some limitations, Chapter 7 bankruptcy is still extremely helpful.
First, it can stop the creditor from further reducing your take-home pay. Second, it bars creditors from starting new proceedings to collect any debts you may have (this includes new wage garnishment orders against you).
Under bankruptcy laws, this is a court directive and not a suggestion. So your creditors must comply with it regardless of your financial situation or the merits of the case.
The worst thing about wage garnishment is that it never stops until the creditor gets what they want. But with Chapter 7 bankruptcy and our bankruptcy lawyers in Raleigh NC, the table is turned and you're in control.
Stop Wage Garnishment Now
Garnishing your wages makes it extremely difficult to make any headway with your debt.
Don't lose hope - Attorney Weik has successfully helped thousands of clients stop wage garnishment by filing for bankruptcy, and you can be next.
Call Weik Law Office today at 919-845-7721 for a free consultation, and set up a time to speak with one of our friendly professionals.
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howtodothis · 3 years
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Can You Date While Separated In Nc
Can You Date While Separated In Nc
Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post separation acts. Even though separated you are still technically married until the court enters the order granting the divorce. View Video For Can You Date While Separated In Nc View Video Review 8 Facts About Separation In North Carolina Raleigh Divorce Lawyerssave image The answer…
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orbemnews · 3 years
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Slain 20-year-old Raleigh student had recently married her alleged killer RALEIGH (WTVD) — A 20-year-old Raleigh student who was found dead in her apartment this week had recently married the man accused of killing her, court records show. Records from the Wake County Register of Deeds show that a marriage license was obtained for Erick Gael Hernandez Mendez and Christina Matos on Feb. 12 and the two were married on March 29. Friends told ABC11 on Friday that the two didn’t have a romantic relationship but Matos married him so he could get his green card. In exchange, the friends said, he would give her money. Her brother said the family did not know the two were married. “Eric was an illegal immigrant,” Matos’ friend Savannah Ferrell said. “That actually, he came to Christina in hopes that they could get married and he could be a legal citizen, and he promised, ‘okay if we marry, I’ll give you $15,000 and we kind of like, kind of go our separate ways and eventually get divorced in three years.’ Christina had the full intention, just to get divorced, get her check and be gone. She was moving out of this apartment within a few months.” Friends also said Hernandez Mendez attended a vigil for Matos before he was charged. “I just sat down. I was just looking at him like in shock that like, he carried the balloons with me. He cried in the car with me. Like I couldn’t fathom that,” friend Najiah Williams said.Matos was last seen alive at her apartment last Friday, April 2, after going out with friends. Her body was found inside her apartment at Signature 1505 on Hillsborough Street near NC State after a 911 caller requested a wellness check. Raleigh police officers discovered Matos’ body inside her locked bedroom, hours after her mother and brother had gone to check on her. Her mother had a key to get inside the apartment but couldn’t open Matos’ locked bedroom door. Matos’ mother and father said it was her first apartment. She shared it with roommates while she worked and took radiology courses at Wake Technical Community College. Hernandez Mendez, 20, was charged with murder in the case. Her family said he was one of her roommates. “This is the roommate. He lived in the apartment,” said Norma Matos. “Why?! Why?! When you live with your roommate, it’s your friend! You live with your friend. Study with your friend! Speak with your friend! Why?! Why?!” “When you know the people and (he) is (a) friend, it’s very hard,” said Matos’ mother, Yolanda Matos. “It’s very painful. This is tough for me and my family, because what happened? Why did a human do something like that? No respect, no remorse, no love. So, it’s tough.” Police have not said how Matos was killed or why. Hernandez Mendez is being held in the Wake Detention Center with no bond. The judge informed him that he faces the possibility of the death penalty or life in prison without the possibility of parole if he is convicted on the charge of first-degree murder. Copyright © 2021 WTVD-TV. All Rights Reserved. !function(f,b,e,v,n,t,s) if(f.fbq)return;n=f.fbq=function()n.callMethod? n.callMethod.apply(n,arguments):n.queue.push(arguments); if(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0'; n.queue=[];t=b.createElement(e);t.async=!0; t.src=v;s=b.getElementsByTagName(e)[0]; s.parentNode.insertBefore(t,s)(window,document,'script', 'https://connect.facebook.net/en_US/fbevents.js'); fbq('init', '454037632035460'); fbq('track', 'PageView'); Source link Orbem News #20yearold #Alleged #ChristinaMariaMatos #ChristinaMatos #ChristinaMatosraleigh #ChristinaMatosraleighnc #EricGaelHernandez-Mendez #ErickGaelHernandez-Mendez #killer #married #Raleigh #raleighmurder #Signature1505 #slain #student
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Divorce Through Your Child’s Eyes
Getting divorced is often an emotionally and legally difficult process for spouses. You may be concerned about your finances and future post-marriage, and you may be focused on taking steps to protect your rights and interests. However, if you and your spouse have children, always take the time to consider what this process is like for them. Children have a unique perspective of the world, and they pick up on more clues and nuances than you might believe. Children often know their parents are fighting constantly, even if it always happens behind closed doors or after they are sleeping. They can sense tension, and instability at home can affect many other aspects of their lives, such as performance at schools, sports, and other activities. Closely considering your child’s point of view may not only improve the process for them, but also possibly for you and your spouse, as well. Parents Living SeparatelyParents may find it difficult to minimize arguments while they live under the same roof. However, the problems for your children do not disappear once one parent moves out of the home. They suddenly face news schedules of traveling back and forth between parents, and they may not be sure which parent is going to pick them up from school on a certain day. The first matter of concern is deciding on a schedule that works best for your children, but that also works for you and your spouse. As part of the divorce process, the court will issue an order that includes your child custody arrangement and parenting plan, which will detail how you will share time physically, as well as how you will divide decision-making responsibilities. You always want to work together whenever possible to dictate your own custody arrangement instead of letting the court decide. You know what works best for your family, and it is best to cooperate as early as you can in the process to nail down an appropriate time-sharing schedule. Additionally, when your children are with you, resist the urge to say negative things about the other parent. Not only does this put your children in an unhealthy position, but the court will also look at your willingness to co-parent as a factor when making custody determinations. Your children will be happier and healthier if they do not feel like they need to choose and, instead, know you will encourage their relationship with both parents during and after divorce. Support for Your ChildrenEven if you take every step possible to shield your children from the emotional pain of divorce, this major change in their lives with certainly affect them. Never hesitate to seek counseling or other emotional and mental health support for your children, even if they seem to be handling everything okay. The scars of divorce can last for years, and you want to address their feelings and concerns as soon as possible. Contact a Raleigh, NC Divorce and Family Attorney for More InformationAt the law office of Daphne Edwards Divorce & Family Law, we care about the well-being of you and your children during the divorce process. We will advocate for your rights and interests and help you reach the most efficient resolution possible. We represent clients in Raleigh and throughout Wake County, so please call (919) 838-7160 or contact us online for an appointment today.
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mybizvalue-blog · 5 years
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Facts About Business Divorce In Raleigh NC and New York City NY
Running a profitable business may be the cause of much joy for the owners but often a business that expands may be formed as a LLC or partnership that has a number of people at the helm who holds the power of decision making. No two individuals can think alike always! While this happens to be an universal truth, it is also a reason for contemplating a business divorce in Raleigh NC and New York City NY. Well, the term may sound strange at first but the meaning is much the same as a divorce between a married couples. In other words, it is a legal process by which the business owners decide to part ways on account of irrevocable differences.
While it happens to be a legal process with the court ordering dissolution of the business entity, there are certain other means of obtaining a divorce. However, concerned parties need to get in touch with an experienced advisor who is knowledgeable about both judicial as well as non judicial rights of all the parties before proceeding with the process. Negotiation is likely to produce a better solution in most cases whereas parting ways may cause loss of finances and reputation many a time.  It is necessary to draw up a checklist of the facts before seeking a business divorce, however.
Things to consider before going for a business divorce
· Goals- It is essential for a business owner or partner to gauge the objectives before contacting a legal representative who would be formulating the strategy. While the divorce would result in complete separation of interests, many individuals may simply want to revise the contract or have a new economic relationship with the other parties while continuing to be a part of the business. Knowing one’s mind and discussing the goals with the business advisor or lawyer well in advance would help in solving the problem without wastage of time.
· Budget- Money rules the world! Well, this is equally true of business divorces as well. The interested parties may be feeling anger and grief on having to sever the business ties but the best decisions should be unemotional. Spending time, resources and money for nothing is definitely not wise. Thinking about the budget before the legal process gets underway is definitely the best way to save money and trouble.
· Strategy- It is also important to learn about the options available before seeking a divorce. The professional advisor would be able to provide invaluable advice by suggesting replacing the management and assuming control or filing for dissolution of the company instead of obtaining a business divorce that is likely to create bad blood between the two parties.
The results are going to be unforeseen most of the time. Emotions do run high when the time comes to be separated from close associates who may even be family members but doing irrational things is no excuse. The legal representatives and business counselors usually try and prepare their clients for unexpected turn of events that may or may not be in favor of their clients during business divorce or shareholder litigation in Raleigh NC and New York City NY.  
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When Can a Child Decide Custody?
Rather than making you read more and then giving you the answer later, I’ve decided just to say it up front: under North Carolina law a child almost never has the final legal say as to which parent he or she will live with.  In other words, custody is always up to the judge.
If you have spent any time at all looking over our firm’s website, you know I am a strong advocate of parents trying to keep their children out of custody fights.   I also generally don’t think a child should be put in a position of either feeling like he or she has to choose between parents or that the child has the power to make the choice.  All the judges I’ve ever been in front of seem to feel the same way.  I’ve heard judges explain to children who have been brought in for a custody case that the decision is not the child’s, and I have seen the relief on children’s faces when they understand that.
The main determining factors that the judge will take a look at when deciding which parent receives custody are things like the stability of the parent, their ability to provide for the child financially and mentally, and in general, just being a good model citizen and parent. It’s the judge’s job to award custody in a way to meet the best interests of the child. A child’s statements about preferences are merely more evidence a judge can use in evaluating best interest.   Every parent knows that a child does not always know what is best for him or her.  Children, by definition, lack the emotional maturity to make reasoned decisions.  That’s why the judge is free to agree with or disagree with the child’s own personal preference and is not required to do what a child says he or she wants.
They are expensive and they add several months to the custody litigation process.  In Raleigh, child custody cases an expert may cost between $4,000 and $12,000.  The cost can vary by location because different experts frequently serve different areas of the state.   There is a range that experts in the field charge and the number of children and complexity of the case all go into the wide range of possible costs.   The other obvious issue is how long the process takes. The expert not only has to do interviews of the parents and children, but performs psychological testing, reviews of relevant documents, and interviews collateral witnesses.
Scott Allen is a divorce attorney in Raleigh, NC with over nineteen years of experience in all areas of custody litigation and settlement.  He can be reached at 919.863.4183.
They can help in any Raleigh child custody or NC custody case that is being litigated because when the parents can’t agree and a judge must decide, the kind of information provided by the report almost always helps the court make a decision.
Raleigh divorce lawyer Scott Allen handles modification of custody, child custody, child support, temporary child support, and temporary custody hearings.
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beverlymunoz · 8 years
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POAPS: Richard Pitino
Wherein tvp1 makes the case for Richard Pitino
Next up – Richard Pitino, the 34 year old head coach at the University of Minnesota, and son of coaching legend Rick Pitino.
Important Questions, In Rough Order Of Importance:
1. Has he coached teams that have won a national title, made multiple deep NCAA tournament runs, and/or consistently been highly ranked?
No. The Gophers are lock for this year’s NCAA tournament (Jerry Palm has them as a 5 seed now), and this will be Pitino’s first trip to the NCAA tournament as a head coach.
2. Has he built a program from the ground up?
No. Pitino spent only one year as the head man at Florida International before taking over at Minnesota for Tubby Smith. Tubby’s teams consistently were around 21-14 in his 6 year tenure and made the NCAAs thrice, including in his last year when the Gophers reached the lofty KPom rank of 20 (more on Tubby’s tenure below).
Pitino’s first year was OK: 25-13 and an NIT Championship. Then the bottom fell out. 18-15 followed by 8-23. Pitino was on everyone’s “hot seat” list coming into the season. He’s responded: 23-7, 11-5 in the B1G with a chance for a second place finish, KPom ranking of 32, and as mentioned an NCAA lock.
3. Has he substantially improved the program from when he took over?
He certainly did in his brief tenure at Florida International. At the tender age of 30, Pitino took over an 8-23 team from Isiah Thomas. (Yes, this was a thing that happened – Isiah Thomas was the head basketball coach at Florida International! And he was really terrible!) He improved that win total by 10 in his lone season there, the school’s first winning season in a decade. (Note, however, that FIU only went up from 221 to 187 in the KPom rankings.)
At Minnesota, the answer is murkier. None of Tubby’s teams rated better than a #10 seed in the NCAAs, and Pitino is on track to do better than that this year. Indeed, this is looking like the best Minnesota season not tainted by scandal since 1982 (more below). 7 of the 8 rotation players are non-seniors, so things are looking up going forward. I’ll answer this question with a qualified “yes.”
4. Has he succeeded at more than one head coaching job?
Again, let’s go with a qualified “yes” here. We lack enough of a track record at both jobs to be sure.
5. Does he have significant high-major experience as either a head coach or an assistant?
Pitino has a great pedigree, especially for someone so young. Besides his 4 years at Minnesota, he has 5 years of high-major assistant experience at two winning high-majors: Louisville and Florida (under Billy Donovan).
6. Is his team one of the best in its conference right now?
Indeed. As noted, Minnesota is near the top of the (albeit somewhat down this year) B1G.
7. Do his teams actually play, what is this thing called, "defense"?
This year the Gophers are 15th in the KPom Adj Defense rankings, so yes. Past results have been spottier. In reverse order: 162, 91, 78.
Pitino’s teams at Minnesota, except his first, have played fairly up-tempo, ranging between 48 and 162 in the rankings. Articles describe Pitino’s system as a mirror of the full-court high-pressure style favored by his father. He has a video about it as well.
8. So how about offense?
Pitino’s first two teams were good offensively, ranking 38 in 2014 and 41 in 2015. The bottom fell out in 2016: 230. This year, he’s bounced back to 77. The team has not shot the ball well this year, and is only decent rebounding, but they’ve gotten to the line and taken care of the ball. They don’t take many 3s.
9. Any indication that he can recruit McDonald’s All-American-type players?
Pitino convinced top-40 recruit Amir Coffey to stay in Minnesota (he’s now a freshman) and he has a top-100 recruit committed in the incoming class. No other top-100 recruits in his Minnesota tenure, but again, Minnesota. His bio notes that Louisville signed two top 15 classes in his three years there, but how much of that one can attribute to Pitino as opposed to other factors, who knows.
So this one I rate as “unclear,” but I think he’d likely do pretty well at State in this regard as long as he hired the right assistants. Hell, Herb Sendek and Sidney Lowe recruited well here.
10. Does he have any connection to NC State, North Carolina, or the ACC?
Besides the obvious one, no. Pitino is a Providence graduate.
11. Any other random red flags or positives?
He seems to be very similar to his Dad all around – in style, work ethic, mannerisms, even appearance. I would be fine with that, your opinion may vary.
Summary:
Would he be better than Gottfried?
As with other young, limited track records means one just has to shrug here. It could go either way. From one perspective, his record is 5 years as a head coach and only one really successful season, absent which he may have been fired this year. From another perspective, he’s already had success at two very difficult jobs and looks primed for more.
About that difficult job point: Before Clem Haskins arrived in 1986, Minnesota had been to the NCAAs twice. Two times. In its entire history. Haskins was quite successful: in 12 years, 6 NCAAs and 3 trips to the second weekend, including a Final Four in 1997.
Just one problem: Haskins was cheating like hell to do it, overseeing an academic fraud that even Roy had to have respected for its audacity. Unlike Roy (to date), Haskins had to suffer the consequences eventually. He was forced out in 1999, many of those wins were vacated (including the Final Four), and fairly severe sanctions were placed on Minnesota.
Dan Monson took over. Monson was the coach who first had success at Gonzaga. Why he took this job, I have no clue, and I suspect he regrets it. No doubt hampered by the sanctions, in 7+ seasons he made one NCAA appearance.
Enter Tubby Smith, following his divorce from Kentucky. Tubby’s record is summarized above. It doesn’t seem that impressive, until you consider that it’s easily the best non-Haskins 6 year stretch in Minnesota basketball history. He eventually said to hell with it and went to Texas Tech.
Pitino now is going beyond where Tubby, a damn fine coach, was able to take Minnesota. (N.B., this author always had a soft spot for Tubby.) In context, it’s quite impressive. It’s not as if the state of Minnesota churns out tons of top talent, he’s in a tough conference, and he’s faced various problems associated with the school and the athletic department, plus a long history of futility and scandal. You also have to consider that Pitino was only 31 when he started at Minnesota.
Back to the question: I think he’d likely do better than the Gott Man.
OK, so what is his ceiling?
His ceiling is that he’s his Dad. So, high.
Would he take the job if offered?
Here’s a fascinating question. Given the difficulties inherent in the Minnesota job, Pition’s evident ambition, and Pitino’s lack of any prior connection there, I can’t imagine he’ll be a lifer there. The question is, would he leave now, and would he come to NC State?
Having gone through the tough times at Minnesota early and achieved success, with the roster set up for a bright future, Pitino may think, “why leave now”? Minnesota also is building a long-awaited basketball practice facility that should help him. Then again, he may see a big season as the perfect time to move: do so now while he still can.
Did I mention that the Minnesota athletic department has been something of a shit show? Pitino was hired by former AD Norwood Teague. You may remember Norwood as the VCU AD when we tried to hire Shaka Smart in 2011, a proud UNC graduate, and a guy who sexually harasses his employees (allegedly). So Pitino is no longer employed by the guy who hired him. More recently, the football team had an embarrassing and divisive incident this year surrounding players who were suspended after being accused of sexual assault, and the team briefly boycotting as a result. No one came out of that looking good (counterpoint: Minnesota was able to lure hot coaching target PJ Fleck to take over football).
Then, the elephant in the room: Would he want to coach against his father on a regular basis?
His salary is $1.6 million, with a buyout “north of $1 million.” Doable.
Bottom line: In Pete Thamel’s recent coaching carousel column, he mentioned Pitino as a candidate for USF. If that’s accurate, you’d have to think he’d be interested in Raleigh. Unless he’s totally opposed to coaching against his Dad, or the elder Pitino tells him State is a crappy job, I think he’d at minimum be interested…and I say yes, he’d take the job if offered.
How would I feel if he were hired?
There’s been a lot of (very frustrating) talk in the media about how certain coaches at relatively cushy mid-major jobs will be patient and wait for the perfect opening, and not dirty their hands with the icky NC State job. Pitino doesn’t seem like that guy. Instead of waiting around, he jumped into the FIU dumpster fire, then jumped at the Minnesota job at age 31 despite all the negative history there. He’s not afraid of a challenge. I like that.
Compare Pitino to Will Wade. Both the same age. Wade had 2 good years at a low major, then took over a great position at VCU and kept its success going for two years. Pitino surely could have done something like that, but instead took a much harder road, went through some tough times at a tough P5 job, nearly got fired, but fought and emerged victorious on the other side. Yet everyone is in love with Wade while many would turn up their noses at Pitino because he had a crappy year last year. Does that make sense? I still like Wade a little more, probably, but it’s very close.
In the course of writing this profile, I have gained great respect for Pitino. I’d be very happy with this hire.
How would the fan base as a whole feel if he were hired?
As noted, you can read his track record positively or negatively. Which means that 90% of the fan base will talk themselves into this hire within a week, especially given the lure of Rick Pitino 2.0 captaining the program for the next 30 years (at least, until he leaves to coach the Brooklyn Nets in 2024).
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repokhmobb-blog-blog · 13 years
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divorce support meetup group raleigh nc salisbury
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weiklawoffice · 3 years
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Converting Chapter 13 Bankruptcy in Raleigh to Chapter 7: What You Should Know
It’s nearly impossible to find financial stability when you’re in debt. Here at Weik Bankruptcy Attorney, we’re more than happy to help you explore options so you and your loved ones can get back on track.
One of these options is converting your Chapter 13 bankruptcy in Raleigh into Chapter 7.
Chapter 13 bankruptcy allows you to restructure your debts by paying them in installments. This is great for individuals who want to keep their assets and have the income to pay their debts back. Chapter 13 is designed to make those payments more manageable over the course of three to five years.
However, there are valid reasons why someone might want to convert their Chapter 13 filing into a Chapter 7 filing down the line.
Why People Convert from Chapter 13 to Chapter 7
Some of the most common reasons include:
A change in financial circumstances that makes it difficult or impossible for them to make payments according to a chapter 13 plan
This is especially likely after major life events such as divorce, serious injury, or the loss of a job
You want immediate debt relief instead of a years-long repayment plan
In some cases, a Chapter 13 bankruptcy in Raleigh can last as long as five years before the case is closed and debts are discharged. Although this chapter does provide flexible payment plans, this length of time may be less desirable than the immediate relief that chapter seven provides.
The chapter 13 bankruptcy filing was completed incorrectly, which can happen if it is not filed by an experienced attorney
An incomplete Chapter 13 bankruptcy might give creditors the green light to start calling or visiting debtors with demands for payment right away. If this happens to you, contact a bankruptcy lawyer in Raleigh NC ASAP, and we will help you trigger the automatic stay to stop creditors from harassing you.
How do you convert a Chapter 13 bankruptcy in Raleigh to Chapter 7?
The moment you start thinking about converting your bankruptcy chapter, call Weik Bankruptcy Attorney. Conversion is complex, and any mistake can cost you the chance for greater debt relief. It’s best to have our bankruptcy attorney in Raleigh NC guide you through the entire process.
In general, however, you’ll have to go through the following:
Bankruptcy Forms: Most of the forms you submitted for Chapter 13 can be transferred to your Chapter 7 proceeding. However, you will need to update them in case some information changed, such as your debts, income, and expenses. You will also need to submit documents related to any secured debts and the means test.
Proof of Claims: All Chapter 13 proof of claims are automatically transferred to the Chapter 7 proceeding. During this part, your creditors can file a new proof of claim, especially if more money becomes available as a result of the sale of non-exempt property under Chapter 7.
Bankruptcy Schedules: All schedules, statements, or lists previously submitted should be included with the Chapter 7 bankruptcy filing.
Meeting of Creditors: You will need to attend a new meeting of creditors as part of the conversion process.
Call Us Today to Begin Your Debt-Free Journey
Filing for bankruptcy in Raleigh is not an easy decision, but it has the potential to transform your life for the better. With the help of a Weik bankruptcy attorney, you will be able to navigate bankruptcy court with the dignity and respect that you deserve.
Call Weik Bankruptcy Attorney today at 919-845-7721 for a free consultation, and set up a time to speak with one of our friendly professionals.
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What to look for in a Raleigh Divorce and Family Lawyer
Getting a divorce is never easy. It’s the end of a relationship. When this happens, there are legal documents that need to be prepared for judges and courts. Additionally, there may be other things going on, such as determining who gets what property. If you have children, it’s also important to look at who will have custody and what kind of parenting plan is going to be in place. This is not a situation that you can deal with on your own. When you’re in Raleigh, NC and going through a divorce or need help with how to alter a parenting plan that has already been created, a Raleigh divorce and family lawyer should be your first call. Daphne Edwards Divorce & Family Law has experience working with couples and families in North Carolina. Divorces Divorces can get messy in North Carolina. Not only are you separating from the partner that you once loved, you now have to deal with the legalities behind your split. To get an absolute divorce, you must be legally separated for at least a year and a day. When you decide you want to part ways, Daphne Edwards will help you get the necessary documents filed. When filing for a divorce in Raleigh, you want someone who has experience with the North Carolina divorce laws. If you have an uncontested divorce, both partners want to end things. This is usually the faster and more amicable way to file a divorce. However, if it is a contested divorce, one partner is fighting for it not to end. This can also make it harder to divide the property. Daphne Edwards Divorce & Family Law has experience with the various North Carolina family laws to ensure that you navigate them properly. Their experience will guide you in moving forward once the divorce has been finalized. Parenting Plans Sometimes, children are the ones left in the middle when a divorce is taking place. There are laws in place to make sure that children are properly looked after. A custodial parent will need to be identified. From there, parenting guidelines will need to be established. This will cover such things as visitation rights, expenditures for the child, and child support payments. Parenting plans will change. For example, child support payments/amounts which usually arise when a parent is not able to make child support payments. Another example is, visitation schedule changes required due to holidays, moving, or something other unforeseen changes. When you choose a Raleigh divorce and family lawyer, it’s important to work with someone who has experience with addressing changes and filing the necessary the documents. It is important that you know who will fight for you in the courts to ensure that you get the level of involvement that you want with your child or children. Divorces and family law are complicated. Rather than trying to go through it alone, seek legal counsel. Schedule an appointment with Daphne Edwards Divorce & Family Law today where you can learn more about your options and how to proceed. For more information please visit our site.
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Property Division in a Divorce
Spouses who file for divorce must divide their marital property, either through a settlement agreement, or a court will order how property should be divided. Many people choose to settle property disputes out of court because of the certainty that a negotiation process provides.
Marital vs. Non-marital Property 
Property assets will only be subject to division in a divorce if it is considered marital property. Marital property is property acquired during the marriage, although there are exceptions such as gifts and inheritances.
Non-marital property may become subject to division in a divorce if it has become commingled with marital property. For example, if a spouse sells a vehicle that was owned prior to the marriage and deposits the funds into a joint bank account, a court may rule that the proceeds from the sale are marital property.
Asset Valuation 
One of the most important aspects of dividing property in a divorce is determining the value of the marital property estate. Assets which have appreciated in value such as real estate should be appraised for value, rather than using the purchase price as the value. Asset valuation is a complex topic, and often requires asset valuation experts.  
Many people are concerned about their spouse hiding assets in a divorce, especially if they are going through high value asset divorce proceedings where their spouse may have income from stocks, bonds, or rental property that they do not know about. Gathering financial documents such as tax returns, banking statements and a credit report is a good place to start when working to determine the value of the marital estate. Selecting an experience lawyer in Raleigh, NC like Daphne Edwards is vital to get fair distribution of marital assets
Keeping a Marital Home 
Many people who are going through a divorce want to keep a marital home because it is where they have been raising their children, because they are concerned about qualifying for a mortgage on their own and for many other financial and emotional reasons. Usually a spouse who keeps a marital home pays the other spouse his or her one-half share of the equity in the home. Keeping a marital home can be expensive when an income shrinks from two incomes to only one income, so financial considerations are important to keep in mind.
Mediation or Trial? 
A Raleigh divorce lawyer can help you decide whether mediation would help you resolve your case. Mediation is a process where the parties in a divorce or civil case attempt to settle their case outside of court. In many cases, this is a good idea because a court may order that property be sold and the proceeds divided if the parties in a divorce cannot work out a settlement agreement.
Contact a Raleigh, North Carolina Family Law Attorney 
A Raleigh Divorce Lawyer can help you avoid the stress of negotiating or settling a divorce case yourself. If your case proceeds to trial, having an experienced attorney on your side can make a great difference in the outcome of your case. Contact Attorney Daphne Edwards for more information.
For more information, please visit our page.
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mybizvalue-blog · 6 years
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Truth About Corporation Dissolution In New York City And New York County NY
Embarking into the arena of business is exciting no doubt but operating it profitably for years is another story altogether. A business enterprise is often started as a partnership with all the entities sharing some responsibility and obtaining a share of the profits. Trouble begins to brew in the horizon more often than not with one or other of the partners / shareholders wanting out.
Separating one’s interests from the said business is not a matter of will alone. On the contrary, it is likely to be case of contention with the court of law hearing out the business divorce Raleigh NC and New York City NY. The term is akin to the divorce of two partners hoping to part ways with the marriage being declared null and void.
A business divorce can be defined as a lawful separation of a privately held business interests with the concerned entities being free to go their own ways. While, it might sound similar to corporation dissolution in New York City and New York County NY, it is not strictly the same except for the final outcome. However, the attorneys are not cold, calculative individuals as often made out to be and they usually take pains to bring all the parties to the negotiating table. The business divorce can actually be of varied types that include partnership dissolution plus accounting; corporate dissolution and shareholder derivatives as well as lawsuits brought by a limited liability company.
Reasons for dissolution
Deciding to dissolve a corporation happens to be huge though. It is a decision that cannot be taken lightly. The concerned members need to get in touch with experienced legal professionals in order to safeguard their own interests. Terminating the company may be due to a number of causes though. Sure, it is money that is often at the root of the problem especially when the finances are dismal prompting the owner or major shareholders to file for bankruptcy. Loss of property or fraudulent practices is definite to end in arguments with the share holders disputing about the future of the company.
The company owner may decide to sell off the remaining assets and cut the losses instead of trying to revive the corporation. However, such a decision is usually made when the company is in red with the future prospects looking bleak. Experts recommend a total dissolution when there is not much to gain by operating the company that is in dire financial condition.
Process & Outcome
The assets of the company along with its debts are calculated with the help of a financial expert with a proper final report being prepared for filing. The Government authorities take note of the reasons and record it. The corporation is dissolved as an entity thereafter.
However, the company owners may agree to dissolve it to minimize its losses in the wake of a natural or man-made disaster that causes damage of property and other assets. Disputes between the shareholders are also a valid reason for dissolution of the existing company at times.
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All You Need to Know About Family Law
Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law have to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law; it is for the concerned organization. This article will deal in detail with family law. To know more continue reading.
Definition
As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head that has the final say in such matters. A family seeking judgment must make an appeal before the court of law and have to patiently wait for the proceedings to take place.
Some Common Terms Related to Family Law
Marital Property - The property attained by either of the spouses during their marriage. This property becomes the point of division if they want to get divorced.
Emancipation - If the guardian of a minor dies, and if through court proceedings assumes adult responsibilities and becomes self-supporting for his or her own welfare. In this case, the minor does not remain under the care of his or her parents.
Prenuptial Agreement - An agreement, made before the marriage of a man and woman where they give up any future right to one another's property in case of divorce or death.
Alimony - An allowance given by one spouse to another to support themselves after divorce or legal separation.
Paternity - This means to establish a confirmed identity of a child with his or her biological father.
How Are the Family Matters Solved?
If there is an issue in the Family lawyers in Raleigh NC , which the members are not able to solve by themselves they can seek the local court for justice. In the first place, they must approach a lawyer who deals in such types of cases. Discussing the matter with him or her and taking an advice, one can submit their appeal to the court. The court through its several sittings will listen to the case and offer a suitable solution for both the parties.
Article Source: http://EzineArticles.com/9822000
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Divorce Attorneys
No one gets married and has the end in mind. Divorce is not something that couples look forward to and it gets even more difficult when children are involved. Who will win custody? Will every claim in the divorce be a battle? The best you can hope for is that most things will be settled outside of court and you will not need a neutral third party dissecting your lifestyle and making decisions for your future and the future of your children. Here are a few things that a divorce attorney can help you with if you are facing separation.
Although assets and child support are part of the equation, it all comes down to the custody. Which parent will take custody and will it be a battle? For some parents the choice is obvious and no one argues who the kids will live with. For others, it is the hardest battle they will ever be a part of. There can be legal custody or physical custody of the kids. One parent may have full control of the child's major life decisions, or both may have equal decision making rights. Life decisions, for example, would be things like what school the child will go to or what medical attention they will receive.
After custodial rights are determined, child support will be discussed. During this process the gross monthly income of each parent will be taken into account along with any monthly costs related to work related child care or health insurance. Other things that will be discussed under financial expenses for the minors are school bills, transportation bills, and medical expenses. Every case is different and financial support will be determined according to each individual case depending on the needs of the family. Child support only continues until the children are 18 years of age or have graduated high school-whichever happens later. If the kids attend a private school the other parent is not obligated to pay for enrollment unless they are attending that school because of special educational needs. For those with more than one child, child support decreases as each minor has turned 18 or graduated high school.
Distribution of property and debts will also be determined in the divorce process. If you are filing a divorce and have children, it is important to have the help of a Divorce Attorney Raleigh NC. Not only is this for the benefit of your children, but it determines your future as well.
Article Source: http://EzineArticles.com/6950115
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mybizvalue-blog · 7 years
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Valuable Tips To Note After Business Divorce In New York City NY And Raleigh NC
Running a joint business with friends or family members, sharing both the responsibility as well as the profits is good. Unfortunately, there is no ‘ever after’ clause attached to it. Business partners may often disagree with the stake holders believing in different things. Sure, a mediator would be able to control the situation somewhat but many a business gets dissolved due to differences of opinion between the major share holders and lack of trust.
That is not the only issue that lawyers have to hear about though. There may be instances of shareholder oppression in New York City NY and Raleigh NC too with a minor shareholder being forced to bow to the wishes of the business owner or the major shareholder. The concerned individual may be terminated from the board many a time or have to resign by selling off the shares at a loss.
Finding a proper solution to such a situation might not always be possible either. True, the legal professionals often seek the answers in the laws of the corporation but there may be deeds that bypass the situation entirely too. However, the oppressed stake holder is entitled to appeal to the court of law for justice. While dissolution of the company might be the only way out, the oppressed partner may also ask the court to intervene and hold the major stock holders liable for breach of fiduciary responsibility.
A business divorce in New York City NY and Raleigh NC, on the other hand, is a parting of business interests. All the concerned partners and major stockholders need to divide the assets along with the profits amicably between themselves. However, it is not always about obtaining half of the share. There are a number of factors to consider before a business divorce can be regarded as successful.
The process is more or less similar when it comes to wrapping up. From small business operators to large players in the market every single stakeholder would have to follow the legal procedure.
How To Proceed After A Business Divorce
It is essential to have a legal professional by the side when one is going through the winding up process. The partners first need to settle the debts of the company obtain the outstanding dues from defaulters and sell off the assets of the company that would no longer be operational. However, the procedure needs to be handled in accordance with the State regulations.
Once the partners agree on dissolution of the business, it is important to contact the insurance carrier for commercial insurance and look to be protected against legal suits that may be filed by irate third parties after the company closes down.
The certificate that had entitled the business partners to operate the business has to be surrendered to the concerned authority as well.
The ‘Secretary of State’ also needs to be informed about the present situation with all the partners agreeing to discontinue using the trade name and/or brand that had been associated with the business so far.
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