FAQs

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BANKRUPTCY

Question: What do I need to bring to the office for a free consultation on bankruptcy?

Answer: You must bring at least the last six months' of paystubs and any other proof of income,regardless of source,including, but certainly not limited to: paystubs, L&I awards, unemployment payments, winnings from gambling, child support and maintenance.

Question: What are your fees for bankruptcy?

Answer: The attorney''s fee for a Chapter 7 is $900.00, the filing fee is $299.00 and this office requires a download of the debtor's creditors's information, which costs between $30.00 and $50.00 depending on marital status. Payments on the Chapter 7 may be made, but filing does not occur until all fees are paid in full. The attorney's fee for a Chapter 13 is $1,800.00, the filing fee is $274.00 and, again, the download costs, as above. Please note that it is unlikely that a debtor will find attorneys who will charge less than $1,800.00 initial attorney's fees, because that amount is set by the bankruptcy court as a "no look" fee. Additionally, the law requires you to obtain credit counseling at an agency approved by the federal bankruptcy court prior to filing any bankruptcy and to take debtor education by like agencies before the debtor can receive a discharge.

Question: Can I do my own bankruptcy?

Answer: By law, all bankruptcy attorneys are required to advise you that you can do your own bankruptcy or you can hire a petition preparer. That said, due to the many requirements imposed upon the debtor, even a very smart debtor is likely to foul up the filing. And a petition preparer is not permitted to give legal advice, will not attend the meeting of creditors with you and does not know the trustees and the judge. Filing a bankruptcy is not the time to skimp on saving money.

Question: What is probably the most important thing to know about filing bankruptcy?

Answer: You have an absolute duty to disclose all of your debts and everything in which you have a financial interest, including, but not limited to personal injury actions, estates of a decedent, L& I claims, collections of things, etc. Failure to disclose everything could result in the debtor's inability to obtain a discharge, and federal criminal charges.

Question: What is the difference between a Chapter 7 and a Chapter 13 bankruptcy?

Answer: A Chapter 7 is called a liquidation or fresh start bankruptcy that generally allows the debtor to extinguish most debt that is unsecured (that is, to put it another way, not "collateralized," like a house with a mortgage or a car, the title of which is held by the creditor until the debt is paid in full). A Chapter 13 is a pay back plan in which the debtor must pay back a portion of the debt to the creditors.

Question: Do I have a choice of filing either Chapter 7 or Chapter 13?

Answer: The answer is, generally, yes. However, if the debtor does not have money to pay back creditors, a Chapter 13 plan cannot be funded and the debtor would therefore be ineligible to file a Chapter 13 bankruptcy. On the other hand, if the debtor has no money with which to pay creditors, the debtor is most likely eligible to file a Chapter 7 bankruptcy.

Question: Are there some debts that cannot be discharged (gotten rid of) in bankruptcy?

Answer: Child support and alimony are entirely incapable of being discharged in any bankruptcy. Court fines and criminal restitution are also non-dischargeable. If taxes are not properly filed on time, they also may not be dischargeable. Student loans are generally not dischargeable. Judgments for driving under the influence of alcohol or drugs are also not dischargeable.

Question: Can filing a bankruptcy stop a house foreclosure?

Answer: Yes. With a few exceptions, the moment one files any kind of bankruptcy (Chapter 7, 11 12. 0r 13) a federal stay is imposed. This stay stops most actions against the debtor.

Question: Can a bankruptcy stop a garnishment?

Answer: Yes. See the answer immediately above.

Question: Can I use my credit card to file bankuptcy?

Answer: No. Unlike other services offered in this office, it is never appropriate to use a credit card to file bankruptcy.

DISSOLUTION OF MARRAIGE/LEGAL SEPARATION

Question: What is the difference between a divorce and a legal separation?

Answer: divorce (or dissolution of marriage as it is called in Washington State) is a complete severing of the marital union. A legal separation does not dissolve the marriage, but the parties’ assets and liabilities are separated. A legal separation may be accomplished for any number of reasons: religion does not allow divorce, one spouse may need medical insurance that the other spouse desires to supply for little or no cost to name two significant ones. HOWEVER, one must remember that after six months, either party to a legal separation can convert the legal separation to a dissolution of marriage.

Question: What is a Guardian ad Litem and what do they do?

Answer: A guardian ad litem (often called a GAL) is literally a guardian appointed for the purposes of litigation. In the context of divorce and other matters concerning children, the GAL is a person appointed by the court to investigate issues regarding children who are the subject of the action and to report to the court with recommendations.

WILLS/ESTATES/PROBATE

Question: What is probate?

Answer: It is the judicial dissolution of the estate of a decedent. It can be either testate (where a will exists) or intestate (where no will exists). Where no will exists, there will be significant judicial oversight of the process, which adds significant costs that will be required to be paid by the estate.

Question: Do you do living wills?

Answer: Yes. A “living will” is a document that declares to interested persons one’s intentions when one is essentially “brain dead.” It directs the physicians as to whether to supply life support systems or food and/or water. It also allows other provisions to be written.

Question: What documents do you do for Will & Estate Documents?

Answer: We do wills, community property agreements, durable powers of attorney and living wills.

Question: What information do I need to bring with me to get my Will & Estate Documents done?

Answer: It is always helpful to have the names, addresses and birthdates of the persons who will receive under the will and complete information as to all of your assets and debts, if any.

Question: What is a Community Property Agreement?

Answer: A community property agreement (or CPA) is a device that converts all of a married couple’s property of whatever nature into community property and generally transfers the property to the surviving spouse.

Question: Do you do Powers of Attorney?

Answer: Yes. I do them for any number of issues.

Question: What paperwork do I need to bring in to discuss a Child Support Modification?

Answer: You will need your last two paystubs and your most recent federal tax return. Also, it would be helpful to have a realistic idea of the other parent's income.

Question: To have a divorce consultation do I need to bring any information with me?

Answer: To have an effective divorce consultation, you should know the date of the marraige, the date of separation, if applicable, the birth dates of every child, your assets and your debts and any special circumstances.

LANDLORD/TENANT

Question: How long does it take to evict my renter?

Answer: It depends on the nature of the tenancy and the speed at which you desire to remove the tenant.

Dale A. Magneson
Location Address: 9030 Pacific Avenue NW, Suite 208 Silverdale, WA
Mailing Address: PO BOX 659 Silverdale, WA 98383-0659,
Phone: (360) 698-1688