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July 28, 2020
bankruptcy document

Will the Bankruptcy Trustee Take My Personal Injury Settlement?

Money you receive in an award or settlement is considered personal property for bankruptcy purposes. Whether it is a settlement or a trial verdict, the money you receive to compensate you for an injury will be part of the property in your bankruptcy estate. The key date to look at is the date of the accident.  If the accident took place before the bankruptcy petition was filed, the claim and therefore the monetary recovery is part of bankruptcy and the settlement or verdict amount may be used to pay back creditors.  If the accident took place after the bankruptcy petition […]
July 28, 2020
credit cards on top of a keyboard

Can I Keep One of My Credit Cards During Bankruptcy?

We are often asked “Can I just keep this one credit card?” during initial bankruptcy consultations. As we move further and further towards a cash-less economy, having a credit card has become more and more important.  It is often a big problem for our bankruptcy clients to be left without a Visa or Mastercard after filing. The answer to the legal question is … “Maybe.”  And only if the balance on the card is zero when you file your case. When you file for bankruptcy, the law requires that you provide a list of all of your creditors. A credit […]
July 27, 2020
stop your eviction

How to Stop Your Eviction

It’s July 27, 2020 right now and The Eviction Tsunami is here.  If you are a nervous tenant or maybe a kind-hearted probate lawyer whose cousin just received an eviction lawsuit, watch on because eviction legal actions are unlike any other.  You have to know how to fight. I begin with 2 disclaimers: First, I slant pro-tenant so, Landlords, I understand your frustration and problems and the mortgage you have to pay – trust me – but this is tenant oriented.  Second, landlord/tenant laws vary state by state and I will only have time to give you the important things […]
July 11, 2020
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How to Write a Demand Letter

Do you need to make a legal demand of someone?  Give me 5 minutes and I am going to show you how to do it right. What is a Demand Letter? A demand letter is a formal demand that someone or some thing do or stop doing something.  In theory, a demand letter is easy to do – you could just scribble something on a napkin and hand it to the person.  But a well-done demand letter requires thought and professionalism. What are the Technicalities? First, the technical issues.  Often a written demand is a condition precedent to legal action.  […]
July 6, 2020
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How To Negotiate Like A Lawyer

During twenty years practicing law, I enter into negotiations of some sort every day.  Sometimes the negotiations are with opposing counsel, sometimes with the Judge, sometimes with my own client, sometimes at formal mediation.  Here is what you need to know to negotiate like an experienced lawyer – all in under four minutes.  Yes, I am that good. Know More than the Other Side First, in order to win a negotiation, it’s vital that you know more than the other side.  That’s why buying a used car is a horrible position to be in.  You have less information about the car than […]
June 14, 2020
Brown v Board of Education

Lawyer Remembers Brown v. Board of Education

I am so happy to have my father, retired lawyer, Jerry Hogan, write this blog as he remembers his own personal experiences of two important civil rights cases: Plessy v. Ferguson and Brown v. Board of Education. ____________________________________ When I was a boy of 8 or 9 in 1952, my mother took me to the movies in downtown Indianapolis, Indiana. The theater only permitted “colored” people to sit in the balcony separate from the white people down stairs. There was a “colored” only bathroom and a “colored” only water fountain. As a child I never asked my mom about racial discrimination. It was just “the way […]
June 1, 2020
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How to Get a Lawyer to Take Your Case

Right away a disclaimer: I am going to tell you how to get a lawyer to “Take Your Case” and that includes potentially lying to the lawyer.  You will not hear this information anywhere else and I feel no qualms about telling you because … well … other  lawyers lie to me everyday.  So here we go, I am about to tell you some secrets.  By continuing to read this you hereby agree to never use this information against me or my law firm. Preparing for this blog, I did some research which basically consisted of Googling “How to get […]
May 22, 2020
lawyer sitting with notepad and pen

Should I Be A Lawyer?

Thinking of going into law?  On today’s blog– something a little different and solely for the youngsters –I’m going to tell you if being a lawyer is right for you.  Give me a few minutes and let Uncle Jeremy give you the 411. If you are over thirty and have no interest in lawyers, go away!  This is between me and the youngbloods. I am about to tell you something that could literally save you a lifetime of frustration.  My qualifications?  I’m young enough to know what Tic-Tok is, but old and wise enough not to try the dance moves.  Young […]
May 13, 2020
bankruptcy questions sign

Bankruptcy – Top 8 FAQs

1. WHO CAN FILE FOR BANKRUPTCY? Any person who resides, does business, OR has property in the U.S. can file bankruptcy. There is no requirement that a person who resides here prove their legal status – so yes, undocumented workers can file bankruptcy as well. The big/main requirement is that you pass the “means test” for filing a Chapter 7 bankruptcy. That means that the bankruptcy filer must show that he or she makes under the median income of the state (In Florida that’s right around $51,000) OR prove that he or she has under $215 in disposable income. 2. […]
May 6, 2020
hurricane approaching florida

Home Insurance Basics: Planning for Hurricane Season

It’s hard to think about with everything going on with Covid-19 and stay at home orders, the 2020 hurricane season has officially begun.  And it is expected to be an above average hurricane season so now is the time to review your home insurance to make sure your home and your family are protected. Your home insurance policy is a very complicated document – not even many lawyers completely understand it.  But you absolutely need to know the basics and the place to start is by looking at your Declarations Page.  This is a sample: After you find your Declarations […]