FAQs

Personal Injury

Why do I need to talk to a lawyer about my accident?

Lawyers are trained to evaluate responsibility and damages. The injuries one often receives as a result of an accident can last a life time or at some time in the future, may require additional medical care.    Once a settlement is reached with the insurance company, the insurance company will require that you sign a paper releasing them from any past, present or future responsibility.  Before you sign a document as important as this, you need to make sure that your case has been evaluated properly.

What will it cost me to talk to an attorney?

Consultations on accident cases are free.  If after the consultation, you decide that you want our office to represent your interests, we charge a percentage fee of the recovery.

Why should I contact an attorney now rather than wait until the insurance company makes me an offer?

Insurance Adjusters are highly trained employees of their respective companies.  Their job is to immediately investigate the accident, obtain witness statements, photographs and other evidence.  Why shouldn't you be placed on an equal footing and basis with the insurance company?   The earlier an investigation can be initiated the more evidence we have found is available to support liability.  Witnesses’ memory fades over time.  Witnesses move and leave no forwarding addresses.  The damaged vehicles are destroyed or repaired.  The markings on the pavement left from the vehicles fade over time.

All of the above reasons generally justify contacting an attorney soon after the injury causing accident.
 

How long will it take to settle the claim?

How long your claim takes can vary widely.  Where there are nominal injuries and you recover quickly, the claim might settle a few months after your recovery is complete.  If you have more serious injuries or the opposing driver disputes the claim, it could be necessary to file a lawsuit and the ultimate recovery from a court case could be several years down the road.  Usually, there are many opportunities along the way to settle a case, including pre-suit negotiations, Court Ordered Mediation after filing suit and continued negotiations up to the time of trial.
 

What should I do if the insurance company calls?

Your own insurance company will often want you to give a statement in order to process any claims for medical bills or car repairs.  You are required under your insurance policy to talk to your own company.  However, what you say might be important and you might wish to have an attorney present for even that conversation.  However, you should always report your claim right away to your own insurance company.  If the insurance company for the other driver calls you, anything that you tell that Insurance Adjuster can be used against you in the course of trying to settle the claim. Therefore, you must be extremely careful what you say to that adjuster.  It is usually advisable to speak to an attorney first before talking to the Adjuster from the other company.

Divorce/Custody

Do I need an attorney?

This is a difficult question which depends on a variety of factors and eventually is up to you. A lot of it depends on your comfort level with what is being proposed with regard to child custody, child support and a splitting of the property and the debts. Many times you can have a brief conference with a lawyer and get a more complete picture of the various questions, and that picture will help you better answer whether or not you feel it is necessary to hire an attorney.

If I contact you, will it cost me?

Typically, a brief conference by phone may be enough to answer a question or two and will not be billed. Depending on the length of an initial conference, the consultation might be free or there might be a nominal fee.  If you call for an appointment, you should discuss that with the attorney or staff member that you speak with.  Full details of costs and expenses are always explained in the first conference so that you know what to expect.

How much will my divorce cost?

The cost of a divorce can vary widely.  In some instances where the parties agree on all of the issues, the costs will be relatively small. In other cases, where there are difficult issues and disagreements, the divorce can be very expensive.  It is important to understand how the costs are incurred and what the terms of the payment of those costs and expenses will be.  You should always ask the attorney for a full explanation of these matters while your case is being handled.

What is the difference between a divorce and a dissolution?

None - the older laws referred to a divorce, and current law refers to a dissolution of marriage.  They both mean the same thing.  There are also legal separations and cases for enforcing the support of a spouse or child without necessarily getting a divorce.   All of these cases come under the family law section of the Indiana Statutes.

If my spouse and I agree on the terms of the divorce, do we have to go to Court?

No.  If you have a full agreement on all of the matters involving the divorce, then that can be put in writing and signed by the parties and attorneys and then submitted to the Court for approval, all without having to go to Court.

If I get a divorce, do I have to have marriage counseling?

Generally no.  The law allows counseling to be ordered in appropriate cases.  Additionally, however, most Courts require a parenting class to educate parents on how divorce affects children and how they can minimize the negative effect on children by their interactions.

Once a divorce is over, what do I do about reviewing support?

Support can always be reviewed by a Court after the initial divorce is finalized.  Over time, when people changes jobs or get raises, it is appropriate to review to make sure support is still at the proper level or whether or not it should be increased.  Additionally, if there is a change of custody, support should always be reviewed.

Are there general rules and guidelines on support and visitation?

Yes.  The Indiana Supreme Court has passed child support guidelines and parenting time guidelines.  While these are not written in stone and can vary, they serve as a general reference for the majority of divorce cases.  How they specifically apply to your case will be discussed in the course of handling the matter.

What is required to change support?

In general, the court can change support if it has been longer than one year and there is a 20% change (up or down) in the amount of support.  The judge could also change if there has been a substantial and continuing change of circumstances.  Whether or not the judge will grant a change will depend on the particular facts of your case.  

Bankruptcy

Do I need an attorney?
  
Under current bankruptcy law you are always allowed to file your own bankruptcy papers.  There are also opportunities to hire a bankruptcy preparer to assist.  Of course, you are also allowed to hire an attorney.  Which of these you choose to do depends on a variety of factors and ultimately is up to you.  A lot depends on your comfort level with being able to handle these matters on your own, and also to file on your own or with a bankruptcy preparer.  Having an experienced bankruptcy attorney guide you will insure that you comply with the technicalities of the law, and also understand fully what a bankruptcy accomplishes, and also what it does not accomplish.  In 2005, there was a major change to the bankruptcy law and there are now many more technical requirements.  Making sure all of those are followed carefully and completed timely is very important to your ultimate goal of getting a discharge of your indebtedness. 

In light of the changes to the law, it is extremely important to make sure all of these matters are done correctly if you feel that you are best served by hiring an attorney, then you should contact us for a consultation.

If I contact you will it cost me?

Typically, an initial conference will be held where you do not pay us.  Under the bankruptcy rules, we are required to sign an agreement about that conference, but there is no charge to you.  If you decide to retain us for services after that consultation, then we will fully discuss the costs and expenses for the particular type of bankruptcy appropriate for you. 

What papers or information forms do I have to sign?

Under the new law, you are required to sign a paper acknowledging important information about bankruptcy assistance.  That form read as follows:

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES
FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.

 If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.  THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST.  Ask to see the contract before you hire anyone. 

 The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need.  Although a bankruptcy can be complex, many cases are routine. 

 Before filing a bankruptcy case, either you or your bankruptcy attorney should analyze your eligibility for different forms of debt relief available under the bankruptcy code and which form of relief is most likely to be beneficial for you.  Make sure you understand the relief you can obtain and its limitations. 

 To file a bankruptcy case, documents called a Petition, Schedule, and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the Bankruptcy Court.  You will have to pay a filing fee to the Bankruptcy Court.

 Once your case starts, you will have to attend the required First Meeting of Creditors where you may be questioned by a court official called a “Trustee” and by creditors. 

If you choose to file a Chapter 7 case, you may be asked by a creditor to reaffirm a debt.  You may want help deciding whether to do so.  A creditor is not permitted to coerce you into reaffirming your debts.  If you choose to file a Chapter 13 case in which you repay your creditors what you can afford over three to five years, you may also want help with preparing your Chapter 13 Plan and with the confirmation hearing on your Plan which will be before a Bankruptcy Judge.  If you select another relief under the Bankruptcy Code other than Chapter 7 or Chapter 13, you will want to find out what should be done from someone familiar with that type of relief.  Your bankruptcy case may also involve litigation.  You are generally permitted to represent yourself in litigation in Bankruptcy Court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.

     
       _____________________________
       Debtor
 

In addition to the above form, you sign a form acknowledging that different types of property, tax refunds, and inheritances are required to be turned over.  That for is as follows:

DEBTOR’S ACKNOWLEDGMENT OF REPORTING REQUIREMENTS
Fort Wayne Division

The undersigned(s) by signing this form hereby acknowledges that he (she) (they) have read this document, had an opportunity to discuss any questions with their counsel, and understand the contents of this document.

TAX REFUNDS:
I understand that the Trustee is entitled to administer my tax refund for the tax year occurring during the date of the filing of my bankruptcy or its conversion to Chapter 7, and for any prior tax years.  I understand that I have a duty to provide the Trustee with copies of my return should the Trustee so request, as soon as it is prepared.  I understand and agree that if I receive a tax refund exceeding $500.00 in aggregate for the current tax year or any prior tax years, I am not to cash those checks, but agree to forward the checks to my attorney or directly to the Trustee, for the Trustee’s administration on behalf of my creditors.

INHERITANCES, LIFE INSURANCE, DIVORCE/PROPERTY SETTLEMENTS:
I understand that the Trustee is entitled to any interest that I currently have in any estates or as the beneficiary of any life insurance policies or any divorce property settlement.  I further understand that to the extent that I become entitled to an inheritance, a death benefit under a life insurance policy by reason of the death of any relative or friend occurring within 180 days after the date I filed my bankruptcy petition, or a divorce property settlement within 180 days after the date I filed my bankruptcy petition, is also property of my bankruptcy estate to be administered by my Trustee.  Should I receive notice that I am entitled to an interest in an estate, or that I am listed as a beneficiary under a life insurance policy for someone dying within 180 days of the date I filed my bankruptcy petition, I agree to immediately notify the Trustee in my bankruptcy case of the occurrence of such event.  I understand that I have a duty to fully cooperate with the Trustee in the administration of the estate and/or the collection of the non-exempt insurance benefits.  I further understand that should I receive any check or other payment directly from an estate or insurance company that may constitute property of the bankruptcy estate; I will not cash those checks but will immediately contact my attorney or the Trustee for instructions with respect to the handling of those checks.

CLAIMS AND LAWSUITS:
I understand that any claims or lawsuits that I may have the right to bring belong to my bankruptcy estate should my Trustee decide to administer the claim.  I acknowledge that I have a duty, and agree, to keep the Trustee fully informed of any such claims or causes of action, including their status.  I will promptly notify the Trustee of any offers of settlement.  I agree that I will not cash any settlement checks issued to me without receiving a written acknowledgment from the Trustee that he or she has no interest in the proceeds.  I have been advised and understand that, to the extent that a cause of action belongs to the bankruptcy estate, only the Trustee has the authority to settle the claim.

LOTTERY TICKET(S):
I understand that the winnings with respect to any lottery ticket(s) purchased before the filing of my bankruptcy case belong to my bankruptcy estate.  To the extent that I am the holder of any lottery ticket(s) purchased before the filing of my bankruptcy case exceeding the amount of $100.00 in the aggregate, I will promptly disclose the existence of the winning ticket or tickets to the Trustee upon my discovery that I am holding a winning ticket.  I will not cash any check issued to me with respect to such winning ticket(s) without the prior written consent of the Trustee in my bankruptcy case.  Should the Trustee so instruct me, I understand that I have a legal obligation to deliver the check to the Trustee for administration for the benefit of my creditors.

UNSCHEDULED PROPERTY:
I understand that my bankruptcy schedules have been filed under penalties of perjury, and that the Trustee is relying upon those schedules in administering my bankruptcy estate.  To the extent that I become aware of property to which I am entitled, and to which I was entitled as of the date of the filing of my bankruptcy petition, I agree to immediately disclose the existence of such property to the Trustee to the extent the value of such property exceeds the sum of $100.00 in the aggregate.  Should the Trustee so instruct me, I understand I have a legal obligation to delivery any such property to the Trustee for administration for the benefit of my creditors, unless I have properly exempted such property on my bankruptcy schedules.

ADVICE OF COUNSEL:
I hereby represent and warrant to the Trustee that I have read this complete document, and that I have had the opportunity to discuss the contents of this document with my attorney, and that I understand my obligations to report to the Trustee and cooperate with the Trustee in the administration of my bankruptcy estate as set forth in this acknowledgment.

       _____________________________
        Debtor
       
 _____________________________
        Joint Debtor, if applicable
    

Bankruptcy Case No.____________

PURSUANT TO 18 U.S.C. §152, A PERSON WHO KNOWINGLY AND FRAUDULENTLY CONCEALS FROM A TRUSTEE ANY PROPERTY BELONGING TO THE ESTATE OF THE DEBTOR IS GUILTY OF A FEDERAL CRIME PUNISHABLE BY FINE AND IMPRISONMENT OF NOT MORE THAN FIVE (5) YEARS.  FURTHER, TO THE EXTENT THAT YOU CONCEAL PROPERTY OF THE BANKRUPTCY ESTATE FROM THE TRUSTEE OR FAIL TO FOLLOW ANY LAWFUL ORDER OF THE COURT, THE TRUSTEE MAY SEEK TO HAVE YOUR DISCHARGE DENIED OR REVOKED.  A DENIAL OF YOUR DISCHARGE WILL NOT AFFECT THE TRUSTEE’S RIGHT TO ADMINISTER THE PROPERTY ON BEHALF OF THE CREDITORS.  THE TRUSTEE MAY SEEK BOTH THE TURNOVER OF THE PROPERTY AND A DENIAL OF YOUR DISCHARGE SHOULD YOU CONCEAL PROPERTY OF THE BANKRUPTCY ESTATE.

To actually prepare the bankruptcy papers for the courtroom, we will also give you a bankruptcy questionnaire to complete and return to us.

How much will my bankruptcy cost?

The cost of bankruptcy will depend on many things.  First, the type of bankruptcy for which you are eligible will affect the cost.  Additionally, your particular needs will affect the cost, for example whether or not you are reaffirming a house mortgage, car loan, etc.  There are also filing fees that differ, depending on the bankruptcy, as well as counseling fees and credit report fees.  The details of all of these are discussed at the initial conference before you commit to any option.

What are the different types of bankruptcies available to me?

Bankruptcy Overview

When you are experiencing financial difficulties, you generally consider both Bankruptcy and non-Bankruptcy options.  While the non-Bankruptcy options are few, they should be explored.  The most common non-Bankruptcy option involves a situation where you have a single creditor who is causing the problems and your other bills are manageable.  In that setting, often times you can negotiate with that creditor by offering them a sum of money that would be the rough equivalent of what you would pay for the attorney=s fees in Bankruptcy.  If the Creditor accepts that, they would write off the balance and you would avoid having to file a Bankruptcy. 

A second non-Bankruptcy alternative usually involves Consumer Credit Counseling.  There are several organizations, both locally and over the Internet.  We always have you consider those resources to see if they can help you repackage your debt and organize your payments so that you can put together a budget without having to file Bankruptcy.  Sometimes, these credit counseling agencies can convince your creditors (often times credit card companies) to reduce interest rates or forgive some built up late fees and overcharges so that the amount you owe them gets back down to a reasonable level. 

There are all sorts of Bankruptcies - Cities and Towns, Stockbrokers, Railroads, Farmers, Big Business, and others.  The most common that apply to consumers are a Chapter 7 (liquidation) or Chapter 13 (wage earner=s plan).  The analysis often starts with the eligibility for a Chapter 7 and then turn to the eligibility for a Chapter 13.

To qualify for a Chapter 7, you must pass certain tests, which generally are:

1. Have you filed Chapter 7 before (or within Eight (8) years)?
2. Are your assets exempt - meaning that they are small enough that you will get to keep them?  If they are not, in a Chapter 7, you could be forced to give up certain assets.
3. Are your debts the type of debts that are dischargeable?  Certain debts do not go away.  Child support, taxes, student loans, fraud, intentional bad acts and credit card fraud (luxury items, etc.) are the main examples.
4. Do you pass the budget test?  This involves comparing your net monthly income verses your base living expenses for the month.  If those result in very little cash being left over ($100 to $200 a month), then you are probably eligible for a Chapter 7. 
5. Means Test.

If you fail any of the above tests for a Chapter 7, or if you desire to do a Chapter 13 repayment plan, then you look to a Chapter 13.  Those general criteria include:

1. You have not been dismissed for a Chapter 13 for bad faith within the past 180 days.
2. Your assets are exempt or you will pay in enough under the Plan to “buy back@ the asset.
3. The budget test shows enough money available to make repayment on a monthly basis.

If you meet the above criteria, and you have steady income, then you would be eligible for a Chapter 13 Wage Earner=s Plan.  The typical Plan is Five years.  In a Chapter 13, while it is ongoing, you cannot incur new debt without permission from the Trustee and the Trustee will take your annual tax refunds (usually giving you $500.00 per year) during the Plan.

In both Chapter 7 and Chapter 13, there are certain obligations that you have in order to keep in compliance with the law.  There are also certain things that you must do depending on which assets you choose to keep.  In either case, if you have a house that has a mortgage and possibly even a second or third mortgage, you are required to pay any mortgages or liens on the house if you wish to keep them in a Chapter 7 or Chapter 13.  In a Chapter 7, usually those mortgages must be current in payment in order to keep it in the Bankruptcy (called a reaffirmation).  In a Chapter 13, you are allowed to catch up delinquent payments, but you must immediately start keeping the regular payment current.  People often wish to reaffirm car loans so that they can keep their cars, also.  Again, in a Chapter 7, you must be current or very close to current to keep the car.  Sometimes car lenders will let you roll a payment or two to the end of the loan.  In a Chapter 13, you can actually write down the amount of the car loan to the value of the car, if the loan is greater than the car=s value. 

Aside from house loans and car loans, you also may be in a situation where you have what we refer to as “hidden liens”.  Certain department store cards (Sears, HH Gregg, Lowes, etc.); have in their paperwork fine print which says if you buy major items from them, they retain a lien on those items until they are paid.  A typical example would be a refrigerator, washer or dryer.  If you file Bankruptcy, those companies are allowed to take back those items.  Often times those companies will negotiate for either a reaffirmation of their debt (so that you can keep the items) or offer a cash buy out.  It is difficult to predict what any one creditor will do in any situation, but in general, you can expect to have to face that problem, also.

From a timing standpoint, a typical scenario is as follows:

1. Meet with our firm;
2. Upon deciding to file Bankruptcy, you will complete a questionnaire and return to us;
3. We will prepare the Bankruptcy Petition and review it with you;
4. Upon agreeing that the petition is accurate, the petition is filed with the Court;
5. Approximately 4-5 weeks after filing, you must attend a meeting with a Court appointed Trustee to review the papers.  One of our attorney=s will be with you at that meeting;
6. In a Chapter 7, after the meeting with the Trustee, you usually do not have any more Court appearances.  In a Chapter 13, you may have Court appearances if there are disputes on valuation and/or questions regarding the amount of the payments to be made under the Plan.
7. In a Chapter 7, a discharge will enter approximately four months after filing.  That is the paper you are looking for.  In a Chapter 13, a discharge will not enter until the completion of the Plan payments (8 years after filing).

While attorney's fees can vary from case to case, there are certain generalities which we can pass along.  First, a Chapter 7 Bankruptcy typically costs $900.00 - $1,200.00 in attorney's fees, plus $299.00 in Court filing fees.  A Chapter 13 Bankruptcy typically runs a minimum of $2,500.00 in attorney's fees and can go higher depending on the number of Court hearings necessary to obtain confirmation of your Plan.  Filing fees for Chapter 13 are $274.00.  We require a $700.00 payment when you return the questionnaire for us to begin inputting that information.  The Balance is due at the time you sign the Bankruptcy for filing with the Court.  If you have special circumstances involving student loans, taxes or complicated divorce or business situations, the fees will be higher.  That will all be discussed in your meeting with the attorney.

Can my spouse and I file jointly?

Yes – normally.  Although technically the bankruptcies are considered separate bankruptcies for you and your spouse, a provision under the bankruptcy law allows the cases to be handled together as one case.

If I file bankruptcy, can I keep my house and car?

Usually, there are ways to keep your house and car, but your particular circumstances will determine whether or not a Chapter 7 or a Chapter 13 Bankruptcy is appropriate.  Your specific circumstances will also determine how much you have to pay on the car, as well as any terms of catching up missed payments for either a house or a car.  Because each case will present different possible results, it is necessary to consult in detail before giving specific advice on your situation.

If I come in for an appointment, what should I bring or be prepared to discuss?

If you have contacted our firm or are about to contact the firm for an appointment, it will be helpful for you to bring the following materials:

1. Your last two years tax returns.
2. Current pay stubs for you, your spouse or significant other living in your household, and evidence of any other payments coming in (social security, disability, pensions, etc).
3. A list of your creditors by name and amount owed.
4. If you have real estate, a copy of the actual, recorded deed.  Copies of any appraisals within the past three years.
5. If you are behind on your house or car payment, the number of payments missed.
6. Copies of any court papers already received.
7. Copies of any collection letters received.