Patrick Hunter Law Office

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Today: 12:00 pm - 5:00 pm

Tomorrow: 9:00 am - 12:00 pm

39 Years

in Business

(307) 235-1900Call Visit WebsiteVisit Website Map & DirectionsDirections142 N Park StCasper, WY 82601 Write a ReviewWrite Review

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Mon:	9:00 am - 4:00 pm
Tue:	12:00 pm - 5:00 pm
Wed:	9:00 am - 4:00 pm
Thu:	12:00 pm - 5:00 pm
Fri:	9:00 am - 12:00 pm

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Phone: (307) 235-1900

Address: 142 N Park St, Casper, WY 82601

Website: http://www.pmhunterlaw.com

Patrick Hunter Law Office

Family Law

Divorce
Financial problems and marital problems often go together making both much more complicated. Both areas of law require specialized expertise yet there are few bankruptcy attorneys who know anything about divorce law and even fewer divorce attorneys who know even the basics about debtor/creditor relations and bankruptcy law.
Child Support
Unless the Chapter 13 Plan pays all debt in full, the monthly Plan payment amount is generally determined by the “projected disposable income” of the debtors. “Disposable income” is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor’s gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. Usually disposable income is based upon income for the six months just prior to filing, but this is not always the case if the debtors can show that their prior income is not what they can reasonably expect over the term of the Plan. (Examples may include bonuses, loss of a job, divorce or death of a breadwinner). Expenses are usually determined using IRS standards with some deviations if debtors can prove excess necessary expenses.
Adoption
Spousal Support
Just like a Chapter 7, before obtaining a Chapter 13 discharge, the debtors must complete an approved course in financial management. There must also be a finding that the debtor is current in any child or spousal support payments and that there is no pending litigation that might impair a homestead exemption.

Criminal Law

DUI/DWI
Some kinds of claims against an individual debtor are automatically not dischargeable without the creditor having to do anything to protect the claim. Examples are child support, student loans, criminal restitution and judgments arising from drunk driving. Other kinds of claims survive the bankruptcy
Fraud
Simple answer: you tell them!!! A debtor must: Answer the questions on the statements of affairs which include listing all transfers and all payments to creditors; and disclose all property with fair estimates of the value of the property. If the debtor fails to provide answers or answers the questions dishonestly the court can issue sanctions, including a dismissal of the case or a denial of a discharge. Further since the answers must be under oath, one can be charged with criminal perjury and/or bankruptcy fraud.
Burglary
The new bankruptcy laws have been interpreted to allow a creditor to proceed against the bankrupt’s property, even if they are current on the loan. Practically, however, most creditors would rather take the payments, than the property. So as a practical matter, many debtors still can elect to retain the property and stay current on the loan. The concern that we bankruptcy attorneys have, is that a creditor might change its mind or its policy after the debtor had made significant payments on a debt, and now there is equity in the property where before it was underwater. A debtor might be able to prevail in a state court, by contending that the creditor waived the default caused by the bankruptcy by continuing to accept the payments, however, that might be like locking the door after the burglary, especially in a vehicle repossession. None-the-less, many of my clients still opt for the retain and pay option, especially where they are seriously upside down on a vehicle or on a home mortgage, simply because obtaining another vehicle or buying another house is just not an option. So far, knock on wood, we have not seen any creditors taking the stance that they can keep accepting the payments and then foreclose or repossess the property later. We have seen some credit unions and Ford Motor Acceptance take aggressive stances that

Business and Corporate Law

Limited Liability Companies
Chapter 11 reorganization is a type of bankruptcy available to individuals and business entities such as partnerships, limited liability companies (“LLCs”) and corporations. Unlike Chapter 13 it has no limits on the amount of debt and it is highly flexible. Chapter 11 is also very complex. The flexibility and complexity make Chapter 11 very expensive. The legal fees can quickly reach tens of thousands of dollars which make Chapter 11 unavailable to most people.
Trade Secrets

Property Law

Easement

Health Law

Personal Injury
Liquidated assets have been sold. Liquidated debts have been quantified or, in other words, the exact amount of the debt is known. These are usually contract debts. Personal injury and other debts become liquidated after a trial or settlement.

Trusts and Estates

Probate

Finance Law

Bankruptcy
Under the law, your home is treated differently from any other property. This is true not only under bankruptcy law, but outside of bankruptcy as well.
Foreclosure
The law allows Chapter 13 attorney fees to be paid through the payments made in a Chapter 13 plan. However, if the debtor can afford to pay the fees in advance, then the Law Offices of Patrick M. Hunter usually requires the debtor to pay the portion of fees that represent an uncontested Chapter 13 prior to filing the bankruptcy. In addition, if the case appears complex, additional retainer fees may be required prior to filing. This retainer is placed into a client trust account to pay for legal work that is anticipated after the bankruptcy. Sometimes, if the debtor is being garnished or other factors such as impending foreclosures require immediate filing, a portion of the fees can be paid through the bankruptcy plan. The amount which can be paid through the plan usually depends on the complexity of the case, the likelihood of the success of the Chapter 13, the amount which is anticipated to be paid through the plan, and the ability of the debtor to pay fees before filing.
Tax Law
Debt Collection
Bankruptcy law continues to evolve. To understand the evolution of bankruptcy law is to understand why groups of people came to believe that existing debt collection law was inadequate and to see how those people were able to use courts and legislatures to change the law. In the early nineteenth century demands were largely driven by victims of financial crises. In the late nineteenth century, merchants and manufacturers demanded a law that would facilitate interstate commerce. Unlike its predecessors, the 1898 Bankruptcy Act was not repealed after a few years and over time it gave rise to a group with a vested interest in bankruptcy law, bankruptcy lawyers. Bankruptcy lawyers have played a prominent role in drafting and lobbying for bankruptcy reform since the 1930s. Credit card companies and customers may be expected to play a significant role in changing bankruptcy law in the future.

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