May 19, 2020

How Do I Find a Family Law Attorney

As with other law practice areas, you don’t typically think about the process of finding a family law attorney until you absolutely need to.

To help you in your search for a family law attorney, we’ve compiled some tips on steps that will help you make the best decision you can for hiring a family law attorney.

Here are the 4 things you need to know to hire a family law attorney in Richmond, Virginia:

  • Know what type of lawyer you need
  • Know where you’ll file your case
  • Know what your options are
  • Know what makes a good family lawyer

Know What Type of Lawyer You Need

Not all lawyers work in all practice areas. Many of them specialize in specific types of law. Before you begin your search for a family law attorney, you need to know if your case is something that qualifies as family law.

Family law, otherwise known as “domestic relations” or “matrimonial law”, can typically include the legal matters surrounding marriage or family relations such as divorce, custody, adoption, or prenuptial agreements.

You will need a family lawyer if your case involves one of the following:

  • You would like to get married with a prenuptial agreement
  • You and your spouse are pursuing a divorce, annulment or legal separation
  • You would like to modify a divorce agreement
  • You would like guidance or modify the terms of spousal support, alimony or child support
  • You are pursuing an adoption
  • You and your child’s other parent cannot agree on custody or visitation

Know Where You Will File Your Case

Most cases are filed in the county where the person who is filing the case lives, or if it is a matter involving child custody or support, where the child primarily resides The person who files is called either the plaintiff or petitioner.

It’s important to consider the legal residence of the plaintiff because family laws vary from state-to-state. Because the laws are different from state-to-state, each state has a bar association that the lawyer must join before he/she can practice law.

A lawyer who practices family law in Richmond and Chesterfield county, for example, might join the Greater Richmond Bar Foundation or the Chesterfield Bar Association.

Your friend in another state might have a good recommendation for a family law attorney that they trust, but if they don’t have a license to practice law in Virginia, you can’t hire them.  If your friend has a good recommendation for a family law attorney who practices in another part of the state and is not familiar with the courts and judges in your area, you may want to consider another attorney who practices more in your area.

Know What Your Options Are

Once you know where you are looking for a family law attorney, you should search for the law firm that will best represent you. You can begin your search on your state’s bar association directory or on a search engine like Google or Bing.

If you search online, you’ll want to include the county or city that you are looking for a family lawyer in rather than “near me.” A good local family lawyer, even if they are on the other side of the city/county, may serve your needs better than the lawyer that happens to be closest to you at the time that you are searching.

Most lawyers have a website that will tell you a little about them and what practice areas they are involved in. They might have some informative resources on their website that give you a snapshot of the types of cases they handle. There might even be answers to some of the frequently asked questions that you might already be wondering about!

Know What Makes a Good Family Lawyer

A good family lawyer should be:

  • In good standing with their state’s bar association
  • Easy to get in touch with
  • Willing to answer questions
  • Clear about how much they charge
  • Can explain to you a good plan to be successful in your case

Family law attorneys help you navigate legal matters that are sometimes simple but are usually very complex. It’s important that you evaluate a family lawyer not just for what they do in court but how they treat you as you work with them. A good family lawyer has excellent communication skills both in listening to your claim and in explaining your legal options.

Give Your Family Law Attorney a Call

Once you’ve found a family law attorney, contact them. Many lawyers in our local Richmond area have a contact form on their website. If not, their phone number is usually not too hard to find.

If they’re like us (Cravens & Noll is also a local Richmond, Chesterfield, Henrico, Colonial Heights, and Harrisonburg family law attorney with years of experience in these county courts and the counties surrounding them), you’ll be greeted by a friendly receptionist that will set up a consultation for you. The consultation will help them gather the information they need so they can handle your case. Feel free to schedule your consultation with one of our family law attorneys today.

And with that, your search for a family law attorney is complete!

May 14, 2020

Is My Home Protected In Bankruptcy

As one of the largest property investments people make, homes can be a serious concern when it comes to knowing what property you will be able to keep when you file for bankruptcy. 

Will I be able to keep my house? Does a bankruptcy trustee have a right to sell my home? What exemptions do I have?

These are all valid questions. Home protection varies from case to case depending on which chapter you file for, the amount of equity on your home and what you owe. However, there are some basic guidelines to understand what can happen in a bankruptcy filing.

If you’re not sure if your home is protected against creditors, read this article and get in touch with specialized lawyers to understand your bankruptcy options. 

The Difference Between Chapter 7 & Chapter 13

Chapter 7 bankruptcy, also known as liquidation, is typically used to relieve the debts of those with a very limited income. This short-term plan allows filers to have a financial fresh start. During this filing process, you liquidate all your unprotected or non-exempt assets to pay off your debt. These assets are any property that maintains an equity value and can be sold to creditors to pay off debts.  However, if you have very little equity in your home you will most likely be able to keep your house along with most if not all of your other property.  If filing a Chapter 7 bankruptcy puts you at risk of losing any of your property, then Chapter 13 bankruptcy may need to be considered.

Chapter 13 Wage Earner’s Plan is used for people who still have a steady income but have fallen behind on payments or have found themselves unable to pay a large portion of their secured and unsecured debts.  Chapter 13 is also considered if you have too much equity in your house.  Some people have to file Chapter 13 because they earn too much income or have too much money left over each month.

This chapter focuses on repaying the creditors over a 3-5 year plan. This long-term alternative will clear your financial slate when the plan is successfully completed.  Depending on how much you earn, how much you have left each month after paying your normal bills (rent, utilities, food, clothing, etc.), or how much equity you have in your house will determine how much of your debt has to be paid back in Chapter 13.

As for your property, Chapter 13 generally protects your property but, again, will require a stable income to pay off your debt within the duration of the repayment plan. Chapter 13 works with creditors to create this 3-5 year wage earner’s plan to cover debts.

Can I Protect my Home Under Chapter 7 or Chapter 13? 

Chapter 7

The only way to protect your home under a Chapter 7 filing is if you:

  • Are current with your house payments
  • You have very little if any equity in your home (equity is the difference between the value of your home vs. how much you owe on the mortgage).

Under Virginia state bankruptcy exemptions, a filer has what is called a Homestead Exemption to use up to $5,000 to protect any non-exempt property.  The $5,000 is a lifetime exemption, meaning if you file bankruptcy again in the future, you will only be able to use the part of the $5,000 that was not already used.  It can be used to protect money in the bank, stocks, etc.  Sometimes if you have a small amount of equity in your house, we use part or all of the $5,000 to protect that equity.

There is an added exemption of $500 to each dependent in the household that is protected under the bankruptcy exemption laws in Virginia. For disabled and over 65 year old debtors have an exemption of up to $10,000 in equity. 

Chapter 13 

If you file under Chapter13 bankruptcy, you have the ability to catch up with mortgage payments in your repayment plan and it will be unlikely that you will lose your home provided you make all of your mortgage payments after your bankruptcy is filed.

 As long as you keep up with your payments, creditors cannot take your home from you in this chapter.

Hire a Qualified Lawyer

Each bankruptcy case varies. The best thing to do to ensure you have the greatest chance to keep your home is to get in contact with bankruptcy lawyers.

Qualified counselors such as those at Cravens & Noll Bankruptcy Firm have handled hundreds of bankruptcy cases, specializing in this area of law. If you are considering bankruptcy, please give us a call today!

May 12, 2020

Do I Need to Hire a Personal Injury Lawyer

In the unfortunate event of an accident, whether from driving, medical negligence, or even a simple slip-and-fall, you should know the necessary steps to take. Before speaking to any insurance company or trying to resolve the issue yourself, it’s important to consult a personal injury lawyer.

A personal injury attorney is trained and experienced in helping you receive the compensation you deserve after an accident. You may think a lawyer is unnecessary for your case, whether you’ve already made an informal agreement with the other party or you believe you have sustained only minor damage.

No matter the size of your case, you should consult with a lawyer to make sure you receive advice and counsel the help you need. We’ve written this blog post to give you some examples of when you should consult a lawyer after an accident.

1.    If You’re Unfamiliar With Personal Injury Law

While you may think you have a simple open-and-shut case, there is always room for complication. The other party might decide to hire a lawyer, or the insurance company may not be able to fully support you. By consulting a lawyer, you’re instantly giving yourself a better chance at a more informed and favorable settlement.

According to a poll from Martindale-Nolo Research, 91% of people who had an attorney received a payout, while only 51% of people without an attorney saw a payout. With a personal injury lawyer in your corner, you give yourself the gift of peace of mind by providing yourself more time to focus on the more important matters, your health, your medical treatment, your family, and your work.

2.    If You Sustained a Serious Injury or Permanent Disability

Many serious accidents leave victims with long-term injuries or even worse, permanent disabilities. These injuries can greatly affect your ability to perform daily tasks, like taking care of yourself or doing your job. Depending on the severity, they can get worse over time, affecting you for the rest of your life.

Some aches and pains that appear soon after an accident are or can also become more serious injuries if left unchecked. It’s important to keep an eye on how your body feels after the accident. If you’re in a situation where you have debilitating pain or developed a disability due to an accident, then you should consult a personal injury attorney, and a physician.

An experienced lawyer can help you figure out how much your injuries have cost you, and how to make sure the party who caused the accident pays for your medical expenses, damages and injuries.

3.    When It’s Difficult to Prove Fault

In many cases, it can be difficult to tell who is at fault for an accident, either due to the circumstances of the accident, or because there are multiple parties involved. In both cases, it’s helpful to have an attorney on your side to make sure you aren’t forced to cover damages for something that’s not your fault.

A lawyer can help you navigate the complexities of dealing with multiple parties and insurance companies. Your lawyer can steer you in the right direction, help you prove fault, and by capturing the evidence necessary to prevail and recover full value for your injury claim.

4.    If the Insurance Company is Denying Your Claim

When negotiating with insurance companies, it can be difficult to know everything you need to include when making your claim. These companies know this and are not afraid to use it as a way to deny your claim. An attorney can even the playing field.

A personal injury lawyer can walk you through the best way for the layman to interact with the insurance company, giving you the best possibility of a positive result. Your attorney will always be on your side and give you a fighting chance.

5.    Still Unsure if You Need a Personal Injury Lawyer?

Every accident case is unique. Luckily, it’s easy to consult a personal injury attorney who can review your case and provide insightful advice on the best steps to take and move forward. Cravens & Noll has attorneys who are recognized as leaders in the personal injury field.

At Cravens and Noll, we have decades of experience in a wide variety of personal injury cases from auto, trucking and boat accidents to hospital and nursing home negligence. We offer consultation with our talented and proven team of attorneys who will work with your particular situation to provide the best possible representation.

Find out more about our personal injury attorneys here.

May 7, 2020

Make Sure To Take These Photos After a Car Accident

If you have ever been in a car accident, you know those first few moments after the accident are very emotional. You are probably not thinking about taking photos or preserving the evidence you may need after an accident. Your first instinct might be to get angry if you know the accident was not your fault. After those first few moments, you will begin to evaluate your health and whether you sustained any injuries. 

Once you know you are okay, your next instinct will be to check on your passengers. Are the children okay? Is your spouse okay? If everyone in your car is well, the next thought might be to check on the well-being of the passengers of the other car(s) involved in the accident. 

 Once you know everybody is okay, it is time to start gathering information. Unfortunately, some people forget to take photos of the accident scene. These photos can be crucial to your claim with the insurance company, and your attorney wants to see these photos too. 

The next time you’re involved in an automobile accident, these are the photos you want to capture:

Photos of All Drivers and Passengers

Take pictures of anyone involved with the accident. This includes not only all of the people in your vehicle, but also the people in other vehicles too. You also want to take photos of other people at the scene such as officers, medical personnel, and especially witnesses. It is always good to get as much documentation as possible of other people involved at the scene of the incident.

Why You Should Take Pictures of Everyone

While it may seem cumbersome to take photos of everyone at the scene, there are many instances where stories change after everything is cleaned up. Suddenly, people in the other car claim they have whiplash, or there’s an extra passenger you never saw at the scene that day. Some people will try to take advantage of the insurance companies by claiming injuries to get a payout. By taking photos of all the parties involved, you will know for sure who actually was involved in the accident. 

If anyone has visible injuries, you may want to take photos of the injuries of all parties if possible. This will provide documentation of the injuries right after they occurred. 

Photos at Different Angles and Distances

Again, you want to have as much photo documentation as possible after an accident. Start with photos all around the accident scene. Inspect the road for debris from the cars, skid marks, road defects, and any other feature which might have been a determining factor in the accident. 

Get Photos Before Tow Trucks Arrive

Once the tow trucks and the police arrive, the vehicles are going to be moved, so you want to try to take photos of the resting place of all vehicles. Take enough photographs so any lawyer, claims representative or anybody investigating the accident can visualize where the vehicles stopped after the crash. This photographic evidence will help further substantiate your account of how the accident occurred. 

Consider the Weather

If it is a really cold day, this may play a role in the accident. Take photos of ice on the roadways. If there was a downpour or thunderstorm at the time of the crash, take a short video documenting this too. If one of the vehicles crashed due to blinding sunlight, you want to document this too. 

Watch the Traffic Signals

In addition, take a few minutes to watch the traffic signals if the accident occurred near a major intersection. Are the lights working correctly? Are the traffic lights out because of a bad thunderstorm? Take photos of the intersection including the lights, and take short videos if you notice anything unusual about the traffic lights. 

Is there a disagreement about who had the green light? See if there are witnesses who saw who had the right of way. 

Get Photos of Traffic Lanes and Signs

In addition to the vehicles and the traffic signals, you also want to take a few moments to capture images of the traffic lanes and highway signs at the intersection. Capture an image of a yield sign or a stop sign, especially if a sign is partially obscured by a tree or other object. 

Get Photos of Driver Information

Finally, you should take photos of the other driver’s license and insurance card. Be especially wary if the other driver doesn’t want to give you their insurance information. This could be because they are uninsured. 

Contact an Attorney

After the event is over, you probably need to seek legal counsel. The attorneys at Cravens & Noll, P.C. have been representing parties involved in car accidents all over Virginia for 30 years. We have a team of lawyers and injury trained legal assistants who will represent and assist to make sure you are fairly compensated for your damages and injuries. 

Contact us today to begin the process of getting your life back in order!

April 28, 2020

Can A Father Take a Child Away From the Mother

Your children are the center of your life even when marital disputes threaten your involvement in their lives. Maybe you’re the mother who’s worried about the father, or maybe you’re the father worried about how the mother is raising your kids.

In both cases, you’re wondering if the father can take the children away from the mother. We already have a few posts covering family law and divorce proceedings, but in this post, we go over the fundamentals of parental custody, possible custody rulings, what to do if a parent won’t cooperate and how to focus on the best interest of your child.

The Basics of Parental Custody

After the court has made a decision about each parent’s custody of their children, it’s vital that each parent follow these mandates. If the court has given you majority custody and the other parent has agreed to the visitation hours, then the other parent has no legal right to take your child from you.

If you believe that the other parent should have reduced access to your child, it is possible to change your custody agreement. This may bring some complications depending on your situation. 

Changing the Custody Ruling

Any parent, at any time, can make a motion to modify the custody or visitation order given by the court. It’s ideal for both parents to agree on these changes and submit them to the court for approval. If the other parent refuses to agree to the new terms, then the decision will have to be taken directly to court. 

The court will hear the case if they believe that there is a reason for the changes in custody and will then perform a custody evaluation. This usually involves a social worker going to each home and monitoring the situation. If they decide that the custody order should be changed, then they’ll recommend the court to hear the case.

Looking for the Best Interest of the Child

In order to change the custody plan, you need to show the court that there have been major changes in the child’s or the other parent’s lives. You also need to convince the court that it is in the child’s best interest to modify the court order. 

In general, the court looks for how the parents are currently taking care of the child and, if anything interferes with their ability to properly care for them, then that can help change the custody order. 

Some examples of changing circumstances include:

  • The parent’s work schedule has changed
  • The parent is moving
  • The parent’s financial situation has changed
  • The child is older
  • The child’s safety is at risk by being with the parent
  • The family situation has changed
  • The current visitation times are not being followed

You should also have hard evidence and documents for the point you’re arguing. For example, if the child’s class schedule has changed, you could bring a document from the school showing this change.

Just one of these examples can be enough to change the custody order. You’ll want at least two examples to give yourself the best chance of convincing the court to listen to your case.

What To Do if the Other Parent is Being Uncooperative 

While most parents do have the child’s best interest at heart, sometimes a change in the parent’s life can put the child in danger. While you may have good reason to request a custody change, it’s difficult to get the case to court without the other parent’s cooperation. 

You would still go through the same steps as listed above, but you would need to make sure the other parent is aware of your attempts to change the court order. You do this by “serving notice” to the other parent, also known as giving a copy of the initial motion. You both will either meet with a social worker or be required to attend a mediation where you both must attempt to reach an agreement. 

In the case that you believe the other parent is breaking the initial custody order, either by keeping the child from you or not providing the agreed upon requirements, then you can file a motion for contempt.

This will force the other parent to attend court, where the judge will enforce the custody agreement if they believe the other parent is in violation of the order. This can also help your case of changing the custody agreement.

Before Acting, Consult a Family Lawyer

Most importantly, you should always consult a lawyer before taking any legal action in a custody agreement. The lawyers at Cravens and Noll are experts in family law and can help you reach the best terms for your children in a divorce case. Get in touch today!

April 27, 2020

How Do I Protect Myself Before Divorce?

The threats of a shattering relationship can turn ugly real quick. In a divorce, the bitterness can lead to vindictive actions. Escalation can be all too common as you and your spouse cope with splitting a shared life into two independent ones.

As a divorce becomes more and more likely, time is of the essence. You don’t want to feel trapped as you lose ground to your more aggressive other half.

That’s why you’ll want to protect yourself before a divorce with these tips:

  • Set expectations before your divorce
  • Protect yourself by being decisive
  • Protect yourself by protecting your finances
  • Know the divorce laws in Virginia by consulting with a divorce lawyer

Set Expectations Before Your Divorce

The most important first step to protecting yourself is to set reasonable expectations for yourself. Without the proper expectations, you’re liable to be blindsided and behind the ball.

Don’t Expect Anything to Come Easy

Divorce goes to court because it’s a big deal to split children, money and property between two spouses. Nothing is guaranteed to be cut and dry.

For example, something as simple as proving that a house that you bought before your marriage should be legally yours during a divorce case might be difficult. If your spouse contributed to the house during the marriage, they might argue for splitting it equally or getting credit for part of the equity in the property.

All of these complications could become costly. Part of expecting that a divorce is going to be hard is expecting that it will be financially hard. Start saving up as soon as you can and cut unnecessary spending until the divorce is finalized.

Don’t Expect Mediation to Fix Everything

In a rose-tinted world, mediation would always be the best route for two divorcing people. It certainly sounds like a more civil fix to the situation.

The problem is that mediation is sometimes too little, too late. The issues that are moving the marriage toward a divorce are already in motion.

Mediation, often seen as cheaper than hiring a lawyer, will still cost you something. If the mediation reaches an impasse, you might not have anything to show for the cost you spent on it.  It is always better to try to reach a divorce settlement without going to court, and that should always be attempted during any time during the process of divorce.

Don’t Expect That Representing Yourself Is Fine

While it’s possible to represent yourself in a divorce trial, better legal preparation always wins.

It’s rare that you’ll be able to represent yourself in your divorce case and not have any hiccups. Dotting your i’s and crossing your t’s is why divorce lawyers like Cravens & Noll are so helpful in these circumstances.

Plus, you can’t protect yourself alone when your spouse brings their lawyer to the table. By numbers alone, it becomes an unfair fight. It’s two against one.

Protect Yourself By Being Decisive

When divorce is inevitable, the sooner you hire a divorce attorney, the sooner you can protect yourself. A good divorce lawyer will advise you on the best next steps as you work through uncertainty and complications.

Without a lawyer, common sense choices could hurt you in the long run. If you discuss dividing property before the official process gets underway, the agreement might not be in your favor. You could think that you are smoothing everything out by being agreeable and reasonable. In reality, making any move before hiring a lawyer is likely to have unseen implications.

By being decisive and hiring a lawyer, you immediately tap into a knowledgeable advisor with a lot of experience. Unlike asking a divorced friend for helpful tips, an experienced divorce lawyer has worked on hundreds of cases. They’ve seen the good, the bad and the ugly and they know what you need to do to protect yourself.

Protect Yourself By Protecting Your Money

Being decisive sooner can also help you protect your finances.

Time to Save Up in a Personal Account

A separate bank account in your own name will allow you to start saving money for yourself. The switch from a joint bank account to separate bank accounts means that the money you have will be yours to afford everything related to the split. If you are still residing with your spouse, the funds may still be considered marital property.  However, if they are used for expenses such as lawyer fees, mental health counseling, private investigators, or regular and reasonable living expenses, a Judge most likely consider that reasonable expenses and you will not have to account for the expenses.  If you save separately after separation, the funds most likely will be considered separate property.  Whether it’s mediation fees, lawyer fees, or paperwork fees, having the financial strength to cover those costs yourself will protect you from being dependent on your spouse.

Savings in a personal account will also help you to survive changes in income. Your married income could be built on one primary breadwinner or dual incomes. The result would be the same. After the divorce, your income will change. It’s best to save up to cover whatever comes next.

Make a Budget for During and After the Divorce

You can protect your finances in a divorce with a budget. Although you can’t predict all of the expenses that could be associated with a divorce, there are some that you can. Start with what you know and check that you’ll be able to afford at least those. The more accurate you can budget for the cost of a divorce, the more financially stable you could be afterwards.

It’s also very helpful to know how much you’ll need to live on after the divorce. Start by looking back at your budgets for previous years. If you haven’t done one before, start tracking your expenses now.

Figuring out how much you need to live on is helpful in the divorce proceedings. You can protect yourself much better when you know how much money you’ll need to live on after the dust settles. If your spouse offers to cut a deal, you’ll have numbers to back up why it would or would not be something you can afford.

Pay Attention to Where Your Money Is Going

The final step in protecting your finances in a divorce is watching where your money is going. If you have a joint bank account, is your spouse spending money from it? Are they withdrawing funds without your knowledge?

Tracking your money is how you find and record how your spouse could be hurting your finances.

Know Virginia Divorce Laws (Hire an attorney who does)

The fourth and final tip for protecting yourself before a divorce is knowing what your state’s laws are.

Every state has its own laws surrounding divorce. Laws about the splitting of property could vary wildly from state to state. Minor points surrounding the complications of your unique situation could be handled differently than your divorced friend in another state.

Cravens & Noll is a family law firm in Virginia. We know Virginia divorce law. If you live in Virginia and you don’t know the laws about divorce, there’s no need to worry. We do. Give us a call and we’ll help protect you.

April 24, 2020

Can I Keep My Car If I File Chapter 7 Bankruptcy

Your motor vehicle can oftentimes be the only thing that can efficiently get you to work, to school, to the store, to take care of others, and to help accomplish other essential tasks.  When bankruptcy becomes the only option to help keep you and your family afloat during financial tribulations, you need to know what property is exempt from repossession. That’s why it can be particularly nerve-wracking to know if you can keep your car in a Chapter 7 bankruptcy filing. 

How Much Do You Owe on Your Car?

One of the main qualifiers that decide whether or not you can keep your car is the amount you owe on it. Typically, when courts are deciding what property can be sold to creditors, there is a specific process they follow.

The equity in your car is simply determined by the value of the car less the car loan. If the amount that you owe is not enough to cover the equity value of your car, then creditors have the potential to repossess and sell it. Simply put, the value of the car cannot exceed the amount you owe when you file.

If all of the equity value of your car is protected through the motor vehicle exemptions of Virginia, then you can keep your vehicle. This means that your car’s market value is exempt to creditors.

What Is Protected Under Virginia Law?

Under Virginia bankruptcy law, there are a number of properties that are exempt from repossession or resale by creditors and lenders. The most common examples of property exemptions for bankruptcy in the state of Virginia include the following:

  • Cemeteries and burial funds
  • Claims for personal injury and wrongful death actions
  • Health savings account
  • Homestead or residential property
  • Insurance benefits
  • Motor vehicles (up to $6,000 in equity)
  • Pension and retirement benefits (provided they are ERISA qualified)
  • Household goods and furnishings (up to $5,000)Firearms (up to $3,000)

When it comes to motor vehicles, Virginia gives filers $6,000 in equity to protect their cars.

 For example, if you own a car that is worth $5,000.00 and there is no loan on the car, you have $5,000 in equity. The bankruptcy exemption of $6,000 is more than enough to protect your car and you will keep your car.

If your car is worth $5,000 and you owe more than $5,000, then you have no equity in the car so it is of no value to the bankruptcy trustee and they will abandon their interest in your car. Even if the equity in your vehicle is more than $6,000, you will most likely keep your vehicle. This is because you will be able to use part of what is called the Homestead Exemptions (does not have anything to do with a home) up to $5,000. As long as the equity in your car is not much more than $11,000 you will most likely be able to keep your car.

What Happens If I Have a Car Loan?

If you have a loan on your car when you are filing for bankruptcy, there are a few steps you can take. With nonexempt equity on the car exceeding the exempt, you can:

  • Surrender the car
  • Reaffirm the debt
  • Redeem the car

Surrendering the car

This is an option for debtors that wipes clean all of their car debt. When you surrender your vehicle under a Chapter 7 filing, you won’t owe any more payments on the car. If there remains a deficiency (amount still owed after the lender sells the car) you will not owe any of that deficiency amount.

Reaffirming the debt

When a car loan is taken out, the car is pledged as collateral. This makes the loan a secured debt, meaning it can be used to pay off that specific creditor to who the debt is owed. When you reaffirm your debt to keep the car, you continue making payments on it, remaining liable on the debt. 

 These loan payments will continue through and after the bankruptcy process until it is paid off. This allows you to keep your vehicle as you go through Chapter 7 bankruptcy in Virginia. 

 There are additional steps that the bankruptcy attorneys at Cravens & Noll can take so that you can keep your car so long as you keep it insured and make timely payments, without actually reaffirming the debt. The bankruptcy judge enters an order allowing you to keep the vehicle, keep it insured and keep making payments, but you are not obligated on the loan if you in the future default on the car loan. 

Redeeming the car

You can keep your car by redeeming it during a bankruptcy filing. This means that, as the debtor, you pay your lender/creditor the current market value of your car to clear the remaining debts you owe.  For example, if your car is worth $5,000 and you owe $8,000, you can pay a lump sum of $5,000 to the lender to redeem the car, and the $5,000 car is exempt based on the car exemption of $6,000.

With that said, there are lending companies that specialize in redemption cases. Sometimes, the debtor winds up paying much less for the car by using a redemption company rather than trying to reaffirm the existing debt.

If you and your creditor cannot agree on the current market value of the car and how much has to be paid to redeem the car, the bankruptcy court will decide how to proceed.

How to Avoid Losing my Car

While nothing can be guaranteed in a Chapter 7 bankruptcy filing, the best way to ensure you have done everything possible to keep your car is to consult with an experienced lawyer. The lawyers at Cravens & Noll Bankruptcy Law Group have years of experience in protecting you and your property. 

Are you concerned about losing your car while filing? Contact us now for your initial bankruptcy consultation.

April 22, 2020

How Is Custody Determined In a Divorce

Going through a divorce is a stressful time for each parent, as both not only want what’s best for themselves, but also for their children. The custody decision can be the most emotional and hard-fought decision in the divorce process. While a child’s custody can be determined outside of court by the parents reaching an agreement, some parents may opt to go to court and have a judge decide custody if they can’t reach an agreement on their own.

In order to help make this decision process easier, we’ve created this post to list out what is decided in a court custody case and what factors into a judge’s decision when determining which parent has custody.

What Are the Types of Custody?

Before making any decision about your child’s custody, it’s important to understand the two types of custody. There’s legal and physical custody.

Determining Legal Custody for Children

Legal custody is a parent’s ability to make important decisions for a minor child. These include educational matters, medical issues, and the general welfare of the child. The court will decide to grant both parents joint legal custody or one parent sole legal custody.

With sole custody, the determined custodial parent is given those rights and responsibilities to decide for the child, while the other parent has no legal say on those issues.

With joint legal custody, which is often favored by courts, both parents have a say on important decisions for their child. However, if one parent is granted physical custody, a majority of the time that parent will be in a better position to make these decisions.  At Cravens & Noll, we inform our clients that with most educational or medical issues, parents are oftentimes  going to listen to the “experts.”  Experts in custody cases are generally doctors, teachers, therapists, etc.

Determining Physical Custody for Children

There’s also physical custody, which determines where the child primarily lives and how often the parents get to spend time with them. Just as the Judge will consider many factors within §124.3 of the Code of Virginia to determine physical custody (just as they will to determine legal custody).  This code section is called the “best interest of the child statute” which is explained in more detail below.

When physical custody is granted to one parent, the child primarily lives with that parent while the other parent is granted visitation with specific times to see the child.

Shared Custody

In some cases, the court will order both joint legal and joint physical custody.  This is considered shared custody.  It may be a “week on/ week off” schedule in which the child lives with each parent for a full week, and then switches to live with the other parent for a full week.  Sometimes the court will split the weekdays in half and then alternated the weekends.  The reason some courts order this is that in some cases the evidence shows that both parents have been significantly involved with the child, and the best interest of the child is to have both parents remain significantly involved with the child.

How Custody is Decided in Court

If the parents cannot agree on a “parenting plan”  and settle their case out of court, a judge will hear evidence to determine the best interest of the child.

When making a decision about a child’s custody, Virginia courts make their decision based on “the best interest of the child”, which is based on a number of factors.

  • The Child’s Relationship With Each Parent: This is normally based on how often each parent spends time with the child, and can be used to determine who is the primary caretaker.
  • The Parent’s Living Situation: This can range from how well each parent’s house is kept, to the distance each household is from important services like schools and doctors
  • The Child’s Place in Their Current Community: If your child has well-established roots in their current situation, like a large friend group or obligations like a sports team or club, it can be difficult to argue that they’d have an easy time adjusting to a new community.
  • Each Parent’s Physical, Emotional, and Mental Health: This factor can be greatly affected by the reason for the divorce if it’s based on adultery or abuse. It’s also affected by a parent’s history with their general health, be it physical, mental, or emotional.
  • A Parent’s Ability to Cooperate With the Other Parent: If both parents can cooperate in court and reach civil agreements, this can make it easier to reach joint custody decisions, as you show the judge how both parties are willing to separate their differences to do what’s best for their child.
  • The Child’s Own Wishes: This factor is based on the child’s age and if the court believes they are mature enough to speak for themselves.

No Two Cases Are Alike

While we’ve offered some general advice here, it’s important to note that there are no guarantees in a custody case or in a divorce case that involves child custody. Each case is unique, not only in the family’s situation but also in the judge and their own decision. It’s important to keep the child’s best interest in mind during the preceding. It’s also recommended that before discussing any decision with the other party, you should seek legal counsel.

The Cravens and Noll Family Law Practice Group specializes in family law cases and helping parents obtain either settlements or court orders that are best for their child. Contact us today to help with your divorce case.

April 10, 2020

Advantages to Filing For Bankruptcy

While the term “bankruptcy” can carry a bit of a negative connotation, there are circumstances where bankruptcy is the best option to keep you financially afloat. Filing for bankruptcy can give you the chance to start fresh, alleviate crippling stress and allow you to rebuild your credit, restarting your finances. It’s time we break down the stigma that comes with the idea of bankruptcy. In this article, we address the advantages of filing for bankruptcy.

When you file bankruptcy, it is saying you cannot afford to pay outstanding debt to your creditors. If you are approved for bankruptcy, you will be relieved of the obligation to repay some or all of your debt. Perhaps the biggest advantage of filing bankruptcy is that you financially get to start over again. In some cases of bankruptcy, you may be able to keep your assets while being cleared of your debt.

Protecting You Against Creditors

We know how ruthless creditors can be. Creditors can call on a regular basis and possibly to a harassing degree. When you successfully file for bankruptcy, it will put an automatic stay on your account that prevents creditors from forcefully collecting debts. Along this line, creditors cannot:

  • Continue calling you
  • Sue you
  • Send you letters
  • Repossess exempt property that you owed on

Additionally, bankruptcy forbids creditors from shutting off your utilities, evicting you, foreclosing your property or garnishing your wages. Depending on whether you file Chapter 7 or 13 bankruptcy, and the applicable bankruptcy exemptions, you may keep most of your property through the process.

Debt Forgiveness

Bankruptcy typically deals with two kinds of debt; dischargeable and nondischargeable. When you file, you can protect your property and may be relieved of any obligations to pay on dischargeable debt. This type of debt follows anything that is unsecured debt. Unsecured debt is when there isn’t any collateral on what you owe. This can be credit card debt, medical debt, personal loans, etc.

When you do not have enough assets that are not exempt or you do not have enough income to pay your creditors, you most likely will be able to file a Chapter 7 bankruptcy.  This means that unsecured debt can be forgiven. If you have too much property that is not exempt or your income is such that you are able to at least pay for some of your debt, you may need to file a Chapter 13 bankruptcy.  If you file for Chapter 13, you will go through a 3-5 year payment plan to pay back some or all of your unsecured debt.  After you complete this plan, whatever amount of unsecured and dischargeable debt that remains will be discharged, and you will be debt-free.

Protecting Yourself and Your Family

A lot of the time, debt collectors can bring tremendous amounts of stress on debtors. Living paycheck to paycheck and having only enough for the essentials can lead debtors to believe there’s no way out. It can be discouraging when you’re thrown into an endless cycle of debt where your credit card balances keeps rising. This is when filing bankruptcy might make more sense than continuing to try to fight through it.

Along with clearing you of your debts, bankruptcy filing requires a debtor to take credit counseling to take all the measures possible to avoid future bankruptcy. Becoming literate in your finances can help strengthen and rebuild your credit.

There are a number of advantages to filing for bankruptcy, but the best way to start is to discuss your options with one of the bankruptcy attorneys at Cravens & Noll, P.C. We will review your financial profile and assess whether this is the right option. Our goal is to help our clients get back on their feet as soon as possible, so we will provide professional legal advice on your best options moving forward.

We know this is a sensitive issue for many people, and we are here to help. Contact Cravens & Noll P.C. today to learn more.

March 25, 2020

What To Do After a Hit And Run Car Accident

While the vast majority of people are great drivers, there are always a few bad apples. Most Virginians never think about what to do in a hit-and-run car accident until it happens to them. 

Here at the offices of Cravens & Noll, we see these types of cases frequently, and these can be challenging to solve. 

In this blog, we tell you the several helpful tips you can follow if you’re a victim of a hit-and-run vehicle incident.

Pay Attention to the Car and Driver As They Escape

Assuming you are not seriously injured, try to remember all of the details of the other car as it leaves the accident. Make a note of the car make and model if you can, the color, any identifying features, and the license plate number and state.

In addition, try to remember where the damage is on the getaway automobile. If it happens near an intersection, take note of the street names and the direction of the fleeing car. 

While it may not always be possible to see, look at the other car’s side mirror or rearview mirror and see if you can describe the driver’s gender, hair color, and age. 

Write down everything you remember as soon as possible, or take notes on your smartphone if you don’t have pen and paper.

Do NOT Chase the Other Car

As tempting as it may be in the moment, NEVER chase after a car that flees the scene of an accident. Apart from being extremely dangerous, taking the law into your own hands could easily cause another accident. 

Assess Your Injuries

Were you injured in the accident? Sometimes, you will not realize in the heat of the moment you may be injured. Whiplash and back pain may not surface until days later. Before doing anything else, make sure you are physically okay after the accident.

Take Photos

Once you have regained your composure, take a few minutes to take photos of the scene. Capture images of the vehicle damage, roadway markings, signs and your injuries. Take photos of any property damage outside on the vehicle.

Talk to Witnesses

Talk to the witnesses who may have seen the accident. Talk to employees of businesses nearby to check if they saw anything. Remember, people who witnessed your accident probably have a better perspective of everything that happened. 

Get the contact information for anyone you speak with so they can give statements to the insurance company or during a personal injury lawsuit. Eyewitness accounts are often the key to solving hit-and-run accidents.

Contact the Police

The police should always be called after a car accident. They will take statements from anyone who is involved, and they will conduct an investigation to determine if they can track down the other driver. 

The police report provides official documentation about the accident, and it will be used by the insurance companies and lawyers during the investigation. 

Seek Medical Attention

Do not delay in receiving medical attention if you have been injured. If you wait weeks to see a doctor, claims adjusters and attorneys could argue you were not injured as a result of this accident or in very much pain because you took so much time to see a physician and be treated.

Even if you think you have minor injuries, you should seek medical care as soon as possible.

File a Claim With The Insurance Company

Hopefully, the person who fled the scene of your accident will be caught. When filing a claim with the insurance company, there are one of two scenarios which can occur:

If the Other Driver Has Insurance

This is the best-case scenario. You should file the insurance claim with the other driver’s insurance coverage. 

You will not only be able to file a claim for all of your vehicle damages, but you will also be able to be compensated for your medical bills and injuries, provided the insured driver has enough coverage. 

If the Other Driver Doesn’t Have Insurance Or Not Enough Insurance

Many drivers who flee the scene of an accident do not have insurance coverage, their license is suspended, or they are wanted for other criminal offenses. You could hire an attorney and sue the other driver personally, but the other driver may not have the resources to pay for your damages. This is where your own insurance policy works for you. 

Every policy in Virginia affords, as a matter of Virginia law, uninsured and underinsured motorist protection up to the amount of your own policy, just for these circumstances.

Filing a Claim With Your Own Insurance Company

With most hit-and-run incidents, you should contact your own insurance company to determine your coverage.

 If you only have liability coverage on your insurance policy, you might be out of luck for the coverage of your vehicle repairs, but you will likely still have uninsured and underinsured coverage for your injuries. 

Hire An Attorney

It is a good idea to consult with a hit-and-run attorney like Cravens & Noll. They can give you experienced and professional legal advice regarding your insurance claim and pursuing a lawsuit against the other driver. Insurance companies don’t have your best interests in mind, but an attorney will ensure you get the maximum compensation for your damages and injuries. 

At Cravens & Noll, we handle multiple hit and run cases each year and have been quite successful in getting clients fully compensated for other types of claims. Contact Cravens & Noll today in Richmond or Harrisonburg to schedule your initial consultation.

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