Positive Review for Christina Juris Bennett

When the process finally got started I could not have asked for nor could I have found a more confident attorney as the one assigned to my case. Christina was so reassuring to me and handled my case with the uttmost profesionalism and thoughtfulness. I would readily recomend the law offices of the Gordon Law Group. Thanks for a job very well done.‎

Review of Christina Juris Bennett

Bankruptcy is complicated….‎‎  By Buddy – May 6, 2010 ….unless you have a great lawyer! I have been more than thrilled with the service and attention to detail by Christina Bennett at Gordon Law Group. I am also retaining John Clark on family matters and I hope it goes as smooth as my bankruptcy has so far. I’m very pleased.‎

Common Bankruptcy Questions

What is a Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy is essentially a liquidation of a debtor’s assets.  More often than not, the debtor actually has no assets to distribute to the creditors, so the bankruptcy acts purely to clean the proverbial slate for the debtor and grant a fresh start.  In order to qualify for a Chapter 7 bankruptcy, the debtor must have a gross (this is before anything is taken out of your pay check) monthly income under certain limits depending on the number of members of the debtor’s household.  The bankruptcy court looks at the past six months’ worth of income, and it imputes that income to the whole year.  Additionally, any assets over the state or federal exemption limits (depends on the state), will be available for seizure by the trustee.   If the trustee seizes those assets, they will be liquidated and paid out to the creditors, per the bankruptcy code. 

What is a Chapter 13 Bankruptcy?

A Chapter 13 bankruptcy is for reorganizing and allowing the debtor to pay back the debts (a percentage ranging from 0% to 100%) through a plan over a period of three to five years.  If a debtor does not qualify for a chapter 7 because of income or the debtor wants to keep all assets, which are valued above the exemption limits, then the debtor would file a Chapter 13 bankruptcy.  While a debtor is in a Chapter 13 bankruptcy, the debtor cannot take on any additional debt without approval from the court and trustee.  It is a period of time where the debtor lives on an amount of money determined by the IRS standards for living in that geographical area.  The trustee receives the debtor’s remaining income and distributes it to the creditors according to the bankruptcy code.

Will Filing Bankruptcy Stop my Creditors from Harassing Me?

Yes.  Once a debtor files for bankruptcy, the creditors are barred from trying to collect a debt.  A protective umbrella called “the automatic stay” goes into effect the exact moment a debtor’s bankruptcy petition is filed with the court.  Should a creditor continue contacting the debtor once the creditor has received notice of the bankruptcy, the debtor should contact his or her attorney to cite the creditor for violating the automatic stay.  This can have drastic consequences for the creditor, and so a debtor should not hesitate to contact his or her attorney for protection.

 

What if I Have Debts with My Non-filing Spouse?

In Tennessee:  a bankruptcy will discharge you from being legally responsible for the debt.  Your spouse will remain liable for the debt.  If the debt is something like a mortgage or a car note, and you would like to stay in the house or keep the car, then you would want to reaffirm the debt.  That would keep you legally responsible for the debt, and your spouse would also continue to be legally responsible for the debt.

 

Who is Going to Know I Filed for Bankruptcy?

Bankruptcy filings are public record, but a person or company would generally already have to know you filed for bankruptcy in order to go looking for the filings.  If your property is sold at a foreclosure through the bankruptcy court, then that will generally be posted in the paper.  Any creditor or co-debtor will be given notice that you have filed for bankruptcy.  Additionally, a bankruptcy will remain on your credit report for ten years.

 

How Common is Bankruptcy in Tennessee?

Tennessee has the highest rate of bankruptcy per capita of any state.  In one study, it was estimated that one out of every seventeen households had filed for bankruptcy protection.

 

IIf I Filed a Chapter 7 Bankruptcy Before, When Can I File Again?

If you filed a Chapter 7 bankruptcy more than 8 years ago, you can file another Chapter 7 bankruptcy.   

Can I Be Fired for Filing Bankruptcy?

No, such action is prohibited by the United States Code.

How Long Does the Bankruptcy Process Take?

It depends on how quickly a debtor can gather the required documents and how quickly the attorney can prepare a petition.  Filing for bankruptcy is a document-intensive process, and every month the filing is delayed, the debtor must provide updated pay stubs and bank statements.  Once an attorney files a debtor for a Chapter 7 bankruptcy in Middle Tennessee, there is a Meeting of the Creditors (“341 Meeting”) within about thirty days.  Then, the trustee begins going through the debtor’s assets and making any distributions.  Generally, a debtor will receive a discharge within about two months.  The case will usually be closed within the following month.

Gordon Law Group, Recent Review, John Jay Clark, Sr.

This post was recently added to the Gordon Law Group, PLC, Google Local Page.

By V. Lamport Prior to my case being turned over to John Clark, I was very dissatisfied with my attorney at Gordon Law Firm. I felt as if I were forgotten about after my initial payment for services was given. Afterwards, it was impossible to get a clear answer about any question I had regarding my case. I was even responsible for gathering information to prove I had a case. I did as the attorney requested even though the firm was to aquire a large amount of my settlement if I had a winning case. Approximately two years after my initial contact, I received word that I had been assigned a new attorney. Finally, I could actually feel relief just by the professionalism and the concern in the voice on the other end of the line. My immediate thought was, “Thank God, my prayer has been answered”! Since that day, I have been treated with the utmost respect from my attorney as well as his partners. My introduction with Attorney John Jay Clark, was to say the least, very pleasant.

He apologized for the actions of the previous attorney and assured me that if I chose to allow him to handle my case he would do everything in his power to help me. I feel I am a good judge of character and I immediately felt that John Clark was the man for my case. Attorney John Clark has offered nothing but the greatest concern and help for not only one case, but several cases for me, with two being emergency situations. He is working to resolve a case for me now and has gone to great lengths to see that my best interest is satisfied. And thanks to Kelly, his very courteous and helpful receptionist, my messages and concerns are delivered accurately and I receive either a response from her or a call from my attorney in a timely fashion. I am confident that future legal matters I may have will be met as long as John Clark is serving others with his exceptional legal advice along with his partners. I highly recommend the staff at Gordon Law Group.  Gordon Law Group, Nashville, Tennessee Attorneys, John Jay Clark, Sr.

Why do I need a lawyer for my divorce? John Jay Clark Nashville Tennessee Divorce Attorney

I hear the rumblings all the time “why do I need a lawyer” or “I could have done this on my own”. So, why do you need a lawyer to represent you in your Tennessee Divorce? The old saying is, he who represents himself has a fool for a client. Why? Well, the long and short of it is that you are too emotionally involved to be a good advocate for yourself. In many cases you feel as though you have been done wrong or that someone is trying to take advantage of you. When these emotions exist it is next to impossible to be able to approach the tasks involved in a Tennessee Divorce in a way that will be beneficial to you. Most lawyers that have gone through personal divorces will tell you that even they, even with their legal educations and experience, have sought out the counsel of another lawyer. They didnt do this in most cases becuase they though the other lawyer was smarter or more gifted in the courtroom than they were, but becuase the other lawyer was not emotionally invested in the intimate details of the case. So, take that old saying to heart! If you are planning on going through a divorce or you have been thrust into one against your will, seek out the guidance and counsel of an experienced Tennessee Divorce Lawyer.

What is my Tennessee Workers’ Compensation case worth? – Tennessee Workers’ Compensation Attorney John Jay Clark, Sr.

You were injured at work. You were sent to the doctor by your employer. The doctor now says that he or she cannot do anything more for you, you are as good as you are ever going to be.  NOW WHAT?

In Tennessee the value of your case is determined upon several factors. They are:

• Your Compensation Rate (662/3rd % of your average weekly wage)
• Your Impairment rating if any provided to you by your physician
• Your multiplier (this could range anywhere from 1.5 times your impairment rating to 6 times your impairment rating, depending upon a number of factors)

Understand, these are only the basic factors that enter into the calculation. A number of other factors could have an impact upon your recovery such as any permanent restrictions your physician has given you as aresult of your injury, your work experience, your education, your age and whether or not you are able to return to work…among many many others.

There is really no way for a Tennessee Workers Compensation Lawyer to tell you what your case is worth until they get this information. So, it may take some time to figure out the final valuation of your claim. It is almost always advisable to seek out the assistance of an Experienced Tennessee Workers Compensation Lawyer before you settle with your employer and/or their insurance company. You have to ask the question; my insurance company and my employer has a lawyer to handle this, why dont I? Do not be a victim a second time around, contact an experienced Tennessee Workers Compensation Lawyer to assist you with the process.

What you need to Know about Tennessee Workers Compensation Law – Tennessee Workers Compensation Lawyer John Jay Clark, Sr.

Over the years I have handled a lot of workers compensation cases. While workers compensation information is supposed to be made readily available by Tennessee Employers, I am consitently amazed at how little my prospective clients know about the process. Why is the process so complicated?

The simple answer to this is that Workers Compensation Law in Tennessee is a creature of statute. What does that mean? Well, our legislature, in their infinite wisdom, created Workers Compensation Law and therefore every single rule and regulation is contained in the the Tennessee Workers’ Compensation Law.

Workers Compensation was originally designed to help employees above all. Whether that is still the case is a subject for a much longer blog and perhaps a personal diatribe. But nonetheless, Workers compensation law differs from any other injury type law in that the employee does not have to show that the employer did anything negligent, only that the employee was working for the employer at the time of the accident. The magic words that you will see are, the injury took place during the course and scope of the employees employment with the employer.

Well, knowing that, what happens if you are injured? You have the resonsibility to report the injury to your employer. Your employer is required to prepare what is called a First Report of Injury and submit that to the Tennessee Department of Labor. If your injury requires medical treatment, your employer is responsible for that as well. There are a number of pitfalls that you can be a victim of if you do not know your rights! It is extremly importnat to contact an experienced Tennessee Workers Compensation Lawyer to discuss what your rights and remedies are.

What happens if you are taken off of work becuase of your injury? Well, your employer should compensate you during the time that you are off. WATCH OUT! you are not entitled to 100% of your income. The statue says that you are entitled to 66 2/3rd % of your average weekly wage. Your average weekly wage is calculated using your last 52 weeks of employment. The calculation of your average weekly wage is very importnat and can have a serious effect upon your recovery if it is not done correctly. Therefore, it is again importnat to seek out the counsel of an experienced Tennessee Workers Compensation Lawyer to assist you through the process.

Okay, you have gone to the doctor and your employer has paid your bills, you have recieved your pay (or at least a portion of it since you have been off) and now your doctor says you are good to go back to work; what now? This is where workers compensation cases get really interesting and at times confusing. In many cases my clients say, I still hurt” but the doctor says I can work. Unfortunatly, this happens a lot, in many cases, the physician you have been seeing is a workers compensation doctor that has been paid by the employer. So, it makes since to suggest that the doctor, who knows who is paying his bill, is going to get you back to work as quickly as possible. The Physician may or may not return you to work with restrictions. If you have restrictions, the employer is legally required to abide by those restrictions. What if they dont? My suggestion, contact an Experienced Tennessee Workers Compensation Lawyer that you are comfortable with. There are certain rights and remedies that you have available through the Tennessee Department of Labor and Workforce Development and having a Tennessee Workers Comepensation Lawyer that is experienced with those rights and remedies can be the difference between being taken care of and being left in the dark.

Car Accidents and the Insurance Company – Continued – John Jay Clark, Sr. Nashville Tennessee Accident Attorney

Almost immediatly after posting my last blog on car accidents and insurance companies, I recieved a call from an individual that went something like this

“I was in an accident a couple of months ago, the inusrance company called me and is offering me money to settle my claim. I dont have a lawyer, but I could really use the money right now. Should I go ahead and settle?”

The general answer to this is NO! Why not? Well, you have to ask the question; do you think they are offering you what your case is worth? In most cases the answer to that is NO as well. Insurance companies are businesses just like your local mechanic or dry cleaner. They exist becuase they make or save money. SO, if they are offering you something you can pretty much guarantee it is not what your case is really worth.

My advice to the caller and my advice to anyone approached with this situation is tell the insurance company you will think about it and then contact an experienced Tennessee Personal Injury Attorney to assist you with the process. The time it takes for you to make a few extra phone calls could save you from making a very expensive mistake.

Car Accidents and the Insurance Company – Nashville, Tennessee Personal Injury Lawyer John Jay Clark, Sr.

If you drive a vehicle long enough, sooner or later, you will likely be involved in a car accident. If you live in or around the Nashville area, your chances are probably higher. Blame it on our casual southern temperment or the fact that we southerners seem to have an affliction everytime it rains or, god forbid, snow! Nontheless, accidents happen.  Just becuase you have been the victim of a car accident does not mean that you are entitled to a huge verdict. However, if you have been injured becuase of the negligence of another driver, it is important to know your legal rights. Understand that in Tennessee drivers are supposed to have insurance, but this is not always the case.

If you have been injured as a result of another drivers negligence and that other driver had insurance, chances are you will be contacted by an insurance company representative soon after the accident. Understand that what the adjuster or representative is trying to get from you is information. Most normal people aren’t whiners. Most people when asked the question…”how are you doing”…will respond with “good” or “pretty good” or some like phrase. Again, blame it on our southern sensibilities or our raising not to complain. When that question is asked by an insurance adjuster, be aware, they will use your casual response against you at a later date.

Unfortunatly, injuries that arise from accidents dont always appear at the moment the accident happens. In fact, sometimes it takes days and weeks for the extent of you injury to make it self clear. That which feels like a simple back ache may turn out to be something far more severe.

The sum and substance of this is be wary of making any comments to an insurance company representative or adjuster without first seeking the guidance and counsel of an experienced Tennessee Personal Injury Lawyer. That which seems like casusal conversation may very well keep you from obtaining the damages you are rightfully entitled to.

How are Marital Debts Divided During a Tennessee Divorce – Nashville Tennessee Divorce Attorney John Jay Clark, Sr.

Most divorcing spouses set out who will pay what debts as part of their marital dissolution agreement, which is often referred to as an “MDA”. However, if the parties cannot agree upon a division of debt, the court will make an equitable division of the marital debt. there is a significant distinction between marital debt and separate debt. Likewise, the effect of a court division and/or an agreed division of debt can have serious and often uncontemplated effects upon your financial well being and/or your taxes. Therefore, it is important to seek out the advice and assistance of an experienced Tennessee Lawyer who is knowledgeable of Tennessee laws regarding the division of marital debt.

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