Frequently asked questions.
Bankruptcy FAQs
What is bankruptcy?
Bankruptcy is a legal process that helps individuals or businesses who cannot pay their debts to get a fresh financial start by eliminating or repaying their debts under the protection of the bankruptcy court.
What are the different types of bankruptcy?
The most common types of bankruptcy for individuals are Chapter 7 and Chapter 13. Chapter 7 allows for the discharge of certain debts, while Chapter 13 involves creating a repayment plan to pay off debts over time.
How does bankruptcy affect my credit score?
Filing for bankruptcy can have a negative impact on your credit score. A Chapter 7 bankruptcy can stay on your credit report for up to 10 years, while a Chapter 13 bankruptcy can remain about 7 years on your report.
Will I lose all my possessions if I file for bankruptcy?
The type of bankruptcy you file will determine whether you may need to liquidate assets to pay off debts. In Chapter 7, non-exempt assets may be sold, while Chapter 13 allows you to keep your property and repay debts over time.
Can all debts be discharged through bankruptcy?
Not all debts can be discharged through bankruptcy. Debts such as child support, alimony, most student loans, and certain tax obligations are generally not dischargeable.
How do I know if I qualify for bankruptcy?
Qualifying for bankruptcy depends on various factors, including your income, expenses, and the type of debts you have.
Should I hire a bankruptcy attorney?
While not required, hiring a bankruptcy attorney can help guide you through the complex bankruptcy process, ensure your rights are protected, and increase your chances of a successful outcome.
Remember, these answers are general in nature and should not be considered legal advice. It's crucial to consult with a qualified bankruptcy attorney to discuss your specific situation.
Real Estate FAQs
What is the role of a real estate lawyer?
A real estate lawyer assists clients with legal issues related to the buying, selling, or renting of properties. They review contracts, ensure all legal requirements are met, and represent clients in negotiations and court proceedings, if necessary.
What are common reasons to hire a real estate lawyer?
Common reasons to hire a real estate lawyer include complex transactions, disputes with neighbors, concerns about property title, zoning issues, and foreclosure proceedings. A lawyer can provide valuable guidance and protect your legal interests throughout the process.
Can you help with a property dispute?
Yes, JTN Law can help resolve property disputes, such as boundary disputes, easement issues, or disagreements with landlords or tenants. We can negotiate settlements, file lawsuits, or represent clients in alternative dispute resolution methods like mediation or arbitration.
How can a real estate lawyer assist with a real estate closing?
We can review closing documents, ensure the title is clear, address any last-minute issues, and attend the closing to represent your interests. We can also explain complex legal terms and clauses in the contract to ensure you understand your rights and obligations.
Business & Corporations FAQs
What are the different types of business entities?
The main types of business entities in the United States are sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each entity has its own legal and tax implications that should be carefully considered when starting a business.
What are the benefits of forming a corporation?
The primary benefits of forming a corporation include limited liability for shareholders, the ability to raise capital through the sale of stock, and potential tax advantages. Corporations are also seen as more stable and credible business structures.
How do I register a trademark for my business?
To register a trademark, you must file an application with the United States Patent and Trademark Office (USPTO). This involves selecting an appropriate trademark, conducting a trademark search, and submitting the necessary forms and fees. The registration process can take several months to complete. Contact JTN Law to help you trademark your business.
How do I dissolve a corporation?
The process of dissolving a corporation varies by state, but generally involves notifying shareholders, settling debts, distributing remaining assets, and filing the necessary dissolution paperwork with the state. It's important to follow the proper legal procedures to ensure a smooth and compliant dissolution.
Employment FAQs
What is At-Will Employment?
At-will employment means that the employer or employee can end the employment relationship at any time, for any reason, or no reason at all, as long as it does not violate the law.
What is Workplace Discrimination?
Workplace discrimination occurs when an employee is treated unfairly based on their age, race, gender, religion, disability, or other protected characteristics.
What is Retaliation in the Workplace?
Retaliation happens when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination or harassment.
What is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law that allows eligible employees to take unpaid leave for certain family and medical reasons while maintaining job protection.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or in violation of an employment contract.
Can I Sue My Employer for Discrimination?
Employees who believe they have been discriminated against can file a complaint with the applicable state fair employment agency. If the agency does not resolve the issue, employees may be able to file a lawsuit against their employer.
What is the Age Discrimination in Employment Act (ADEA)?
The ADEA is a federal law that prohibits employment discrimination against individuals who are 40 years of age or older.
Do I Need an Employment Lawyer?
While not required, consulting with an employment lawyer can be beneficial when dealing with complex employment law issues, such as discrimination claims, contract negotiations, or wrongful termination disputes.