Archive for the 'Business Attorney' Category

South Carolina Bankruptcy Exemptions

Thursday, May 17th, 2012

By

An is an amount of property that a creditor may not seize in the event that they obtain a judgment against you. These same exemptions are applied when you . They are used to determine what assets are protected and can not be liquidated during the .

South Carolina Exemptions are as follows

PLEASE NOTE THESE EXEMPTIONS ARE DOUBLED FOR MARRIED COUPLES.

Property

Exemption Amount

Statute

Primary Residence

$50,000.00

15-41-30 (a) (1)

Wages

Unlimited

15-39-410

Alimony / Child Support

Unlimited

15-41-30(11)(D)

Disability, Unemployment

Unlimited

15-41-30(11)(C)

Worker’s Compensation

Unlimited

42-9-360(A)

Vehicle

$5,000.00

15‑41‑30 (a)(2)

Retirement Accounts

Unlimited

15-41-30 (13)

Personal Property

$5,000.00

15-41-30 (5)

Household Furnishings

$4,000.00

15-41 (a)(3)

Cash Values on Life insurance polices

Unlimited

38-63-40(A)

If you are considering bankruptcy

Knowing what you are entitled to keep is important, but to determine whether Bankruptcy will work for your particular situation your income, expenses, and the nature of debts are extremely important.

The Attorneys of Maxwell Law Firm represents clients in South Carolina and North Carolina with: filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100. Save an additional 20% off the fees by scheduling your appointment online.

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Charlotte Business Attorney

Monday, December 5th, 2011

Maxwell Law Firm, PLLC is a full service law firm that offers services to businesses in North Carolina. We assist our clients with start ups, contracts, business disputes (litigation), corporate tax issues, and the closing of a business and or the .

Fees:

Our fees are reasonable and payment plans are available. We open a file and begin working on your file immediately after you meet with our Attorney.

Office Address:

Maxwell Law Firm, PLLC

1200 E. Morehead Street, ste 140

Charlotte, NC 28204

Contact us at 704-461-1883 or online to schedule your appointment. TELEPHONE CONSULTATIONS ARE AVAILABLE.

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NORTH CAROLINA CONTRACTS

Friday, October 14th, 2011

WHAT IS A CONTRACT?

A contract is an exchange of mutual promises, where there is a “meeting of the minds” or agreement to specific terms.

WHEN ARE CONTRACTS ENFORCEABLE

Generally a contract upon agreement is enforceable, unless there is a law against the formation of the type of contract or there is a requirement that the contract be in writing.  In North Carolina the following contracts are required to be in writing and signed by the parties:

Executor of an estate  provision

Marriage

Sale of goods over $500.00

Surety or Guaranty

Transfer of Land or creates an interest in land

Contract’s performance will take longer than one year

ARE THEIR ANY WAYS I CAN GET OUT OF A CONTRACT

Yes there are several defenses available to the enforceability of a contract such as:

Minority –contracts entered into by minors;

illegality –contract is for an illegal purpose;

Fraud –there is some sort of deception during the formation of the contract;

Incapacity –the person who entered into the contract was not of good mental capacity to do so;

Impossibility /  Impracticability –the terms of the contract become impossible to perform by no fault of the promisor;

Unconscionability—the terms of the contract on it’s face are inherently unfair to one party; ect.

–most contracts can be voided, avoided, or discharged in some forms of bankruptcy, particularly chapter 7 and chapter 13.

WHAT SHOULD I DO IF I AM IN A DISPUTE OVER A CONTRACT I HAVE ENTERED INTO?

Contact an immediately. Certain matters can be disputed amicably prior to litigation if handled accordingly. Ignoring a inherent issue will not cause it to go away. A Business Attorney can discuss with you the severity of the of the dispute, whether there has been a breach, what if any defenses you have.

Maxwell Law Firm, PLLC is a full service Law Firm located in North Carolina that offers: business start up services, business tax analysis and advice, drafting or revising of business contracts and agreements, assistance with filing business tax returns and tax collection defense, and help with business disputes and litigation. Save 25% off the legal fees by scheduling your appointment online.

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North Carolina Small Business Attorney

Tuesday, August 16th, 2011

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BUSINESS SERVICES AND LAW

Monday, June 13th, 2011

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Should a Speeding Ticket Require Forfeiting Your Smartphone Data?

Saturday, April 23rd, 2011

Published on 22 April 2011 by Stan Shyshkin in Security News

Whatever ever happened to the good ol’ days where getting pulled over just meant you would get a speeding ticket, or if you’re lucky, just a warning? Well, if it’s up to the Michigan State Police, those days are not only long gone, but a speeding ticket is now reason enough to harvest all the information possible on you, including all of your e-mail, social networking, texting, personal photos, and virtually anything else you might have on your cell phone, or in many cases, your smartphone.

And no, we don’t mean that the police officers take your phone for a few minutes during the traffic stop to see if you were texting or surfing Facebook while driving. Instead, the officers use a device such as the CelleBrite UFED, which makes an exact copy of all of your phone’s data, and we do mean all data, including the deleted parts that even you don’t have access to anymore.

So how is this justifiable, or even legal? The American Civil Liberties Union (ACLU) is arguing that it isn’t, as would most people when it comes to handing over all of your digital data for a police officer to copy and go through on their own time.

And when asked to provide the type of information being stored and for what purpose, the police department replied that it would gladly hand over the information—for half a million dollars.

Outrageous? Yes. Legal? Well, the battle of whether cell phones are protected by the Fourth Amendment still rages on; but it appears that unless you are arrested, handing over your phone for a search is the same as agreeing to a search of a locked dashboard or trunk. You have the right refuse the search, but police officers usually trick you into consenting by wording the question in a way such as  ”Do you mind if we take a quick look at your phone?”

So the next time you get pulled over, make sure to pay careful attention to what the officers ask for, and keep your phone out of sight.

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They’re Rich and Famous and In Foreclosure

Tuesday, January 25th, 2011

posted by  Mecklenburg County Lawyer,

by Sonya Stinson
Saturday, January 22, 2011

  • How does Nicolas Cage get behind on his mortgage payments? The same way other rich and famous people do.

"They’ve stretched themselves higher than they probably should have," says John Anderson, owner of Twin Oaks Realty in Minneapolis and a National Association of Realtors expert in foreclosures. Some couldn’t keep up when the rates on their adjustable rate mortgages shot up, Anderson says. Price drops at the high end of the market were so steep that a sale wouldn’t cover the debt. In other words, high-end homeowners face the same problems that plague the not-so-rich-and-famous.

[Click here to check home loan rates in your area.]

Here are five of the biggest names on the of list homeowners falling to foreclosure. We’ve included a bit of info about the current markets where these stars once lived. You know, in case you’d like to hunt for a foreclosure deal in one of those tony neighborhoods.

bankrich1.jpg

Nicolas Cage

The star: He’s an Academy Award-winning actor (for "Leaving Las Vegas"), nephew of multiple-Oscar-winning filmmaker Francis Ford Coppola and the former son-in-law of Elvis.

The house: Make that "houses." In November 2009, Cage lost two New Orleans homes — one in the French Quarter, the other in the Garden District — worth a combined $6.8 million, according to a CNNMoney.com report. Cage was behind $5.5 million in mortgage payments and he owed $151,730 in property taxes to the city of New Orleans. Regions Banks paid $4.5 million for the properties.

The market: One in 720 homes in Orleans Parish had foreclosure filings in November 2010, according to RealtyTrac. The average foreclosure sales price in the city was close to $110,000.

bankrich2.jpg

Erin Moran

The star: She’s best known as Richie Cunningham’s freckle-faced little sister Joanie on the 1970s sitcom "Happy Days" and co-star of the spinoff "Joanie Loves Chachi."

The house: Los Angeles County court records posted on the entertainment website TMZ.com show that Moran, also known by her married name Erin Fleishmann, owed $315,930 on the Palmdale, Calif., home. The Bank of New York Mellon Trust Company bought the house at auction for $291,150 in July 2010. According to TMZ, Moran stayed in the home after losing it to the bank and had to be evicted.

The market: Palmdale, just north of Los Angeles, posted foreclosure filings in November 2010 on one in 80 housing units. The average foreclosure sales price was around $154,000.

bankrich3.jpg

Lisa Wu-Hartwell

The star: Viewers of Bravo’s "Real Housewives of Atlanta," may remember Wu-Hartwell from the first season as one of the network’s touted "six fabulous women from Atlanta’s social elite." Hubby Edgerton Hartwell, the former Oakland Raiders linebacker, made frequent appearances.

The house: According to court records posted on TMZ.com, the couple borrowed $2.9 million to buy their suburban mansion in June 2007. Just more than two years later, Bank of America paid $1.9 million for the house at a foreclosure sale at the Forsyth County, Ga., courthouse, after the Hartwells defaulted on their adjustable-rate mortgage from the bank.

The market: RealtyTrac reports there were foreclosure filings on one in 248 housing units in Forsyth County in November 2010. The average foreclosure sales price was around $210,000.

bankrich4.jpg

Lenny Dykstra

The star: Nicknamed "Nails," the former Major League Baseball pro was an outfielder for the Mets and the Phillies during the late 1980s and early 1990s. After filing for Chapter 11 bankruptcy in 2009, Dykstra, in a move many found ironic, started an online financial advisory firm in 2010 called Nails Investments.

The house: Dykstra bought the 6.5-acre property in Thousand Oaks, Calif., from hockey pro Wayne Gretzky for $18.5 million in 2007, according to the Los Angeles Times. He lost the house in a Ventura County foreclosure sale in November 2010 to a winning bid of $760,712, the newspaper reported. Dykstra owed about $12 million to JPMorgan Chase.

The market: One in 201 homes in Ventura County received a foreclosure filing in November 2010, according to RealtyTrac. The average foreclosure sales price was in the neighborhood of $382,000.

bankrich5.jpg

Veronica Hearst

The star: The name is Hearst’s claim to fame. She’s the widow of newspaper heir Randolph Hearst and stepmother of Patricia Hearst, who was kidnapped by left-wing guerrillas in 1974.

The house: Located Manalapan, Fla., near Palm Beach, the Villa Venezia was originally built for the great-grandson of railroad tycoon Cornelius Vanderbilt. According to The Palm Beach Post, the 52-room, 28,000-square-foot mansion sold to New Stream Capital for $22 million at a Palm Beach County auction in February 2008.

The market: One in 211 housing units in Palm Beach County received a foreclosure filing in November 2010, reports RealtyTrac. The average foreclosure sales price was about $137,000.

___

foreclosure  CAN HAPPEN TO ANY ONE, IF YOU ARE IN THE CHARLOTTE AREA AND NEED ASSISTANCE CALL MAXWELL LAW FIRM, PLLC AT 704-461-1883.

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Purchase Legal Forms Online

Tuesday, January 11th, 2011

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2011 Bankruptcy Trends

Monday, January 3rd, 2011

Bankruptcy Trends for 2011

posted by Charlotte Chapter 7
by Christine Wilton

It’s that time of year again where I gaze longingly into my crystal ball and make my predictions for the future of the American Dream; America’s fresh start; and the demise of our mountain of debts.  Despite the continued negative stigma of bankruptcy and it’s “last resort” paradigm, bankruptcy filings in the U.S. continue to rise during this depressed economy.

According to the statistics found at the Bankruptcy Court’s website, total bankruptcy filings in the U.S. during the 12-month period ending December 31,  2009 totaled 1,473,675.  This year, the year hasn’t ended quite yet, but we have the 12-month period ending September 30, 2010 and the numbers total 1,596,355 for all bankruptcy filings in the U.S.; an 8% increase in filings throughout the country.  The folks over at Credit Slips predict a slight decline according to their recent post, “Projected Filings for 2011.”


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2011 Legal Service List

Tuesday, December 14th, 2010

By North Carolina Attorney

HERE ARE THE SERVICES WE ARE OFFERING IN 2011:

Tax Services including:

o    E-File Services for  2009 & 2010 Income Federal and State Tax Returns (Audit protection provided);

o    IRS and North Carolina Collection and Audit Defense.

Debt Collection Defense including:

o    Bankruptcy filing: Chapters 7 & 13;

o    Debt Negotiation/Settlement;

o    Debt Defense Representation.

Family Law Services including:

o    Divorce Filings;

o    Child Support Enforcement and Defense.

o    Alimony and Equitable Distribution (Property) Claims.

Traffic Law Services:

o    Traffic Ticket Defense;

o    License Restoration Assistance.

Business/Document Preparation Services including the drafting of the following:

o    Wills;

o    Powers of Attorney;

o    Health Care Directives;

o    Contracts & Agreements.

 

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North Carolina Bankruptcy, Tax Law, Traffic Law