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Real Estate LitigationHuntersville Real Estate Attorney, Lake Norman Real Estate Attorney, Real Estate Law, Elliot Law Firm Call Us Today 704-947-3838
Real Estate TransactionsElliott Law Firm handles real estate transactions for individuals and families throughout the Lake Norman area. You, the client will receive a quick turn-around of your transaction, done to the highest quality of professional care and standards. Real Estate Representation includes all types of real estate litigation, foreclosure defense, and acting on behalf of buyers and sellers in all types of commercial and residential real estate projects including...
DUI/DWILake Norman Bankruptcy Attorney, Real Estate Lawyer, Commercial Lawyer, Tax Lawyer, Corporate Lawyer, Traffic, DUI, Ticket, Business Lawyer, Huntersville, Cornelius, Mooresville
BankruptcyElliott Law Firm has represented hundreds of debtors in thier bankruptcy cases and stands ready to assist you. Bankruptcy laws are among the most complex and misunderstood laws in the United States. Many individuals attempt to take short-cuts in filing for bankruptcy, either by filing without the counsel of an experienced bankruptcy attorney or by employing a less experienced attorney simply because he or she offered the lowest rate. Often, these individuals lose property or assets that they might otherwise have been able to keep. In taking on your representation, you the client will receive a consultation where all of the intricacies of bankruptcy law will be explained to you thereby allowing you to explore and understand your options before your case proceeds.
ForeclosureWhenever any bankruptcy case is filed, the creditors are stopped from taking action to collect the debts that were owed at the time of the bankruptcy. This feature of bankruptcy is called the “automatic stay.” The automatic stay stops a foreclosure or repossession from going forward. However, no bankruptcy filing allows a debtor to keep property that is security for a loan without making payments on the loan. For example, debtors with home mortgages and car loans, cannot keep their homes and cars without making payments. As soon as the bankruptcy case is closed, the automatic stay terminates, and the creditor can proceed with foreclosure or repossession. Moreover, if the debtor is not current on payments, creditors may ask the court to terminate the automatic stay while the bankruptcy is still pending, and, in chapter 7, creditors are usually able to terminate the automatic stay. In order to keep property that is security for a loan, a debtor often must enter into a “reaffirmation agreement” with the creditor who holds the lien on that property.
Tax LawHuntersville Tax Lawyer, Lake Norman Tax Lawyer, Tax Law, Tax Attorney, Elliot Law Firm Call Us Today 704-947-3838
DivorceLake Norman Family Lawyer, Lake Norman Family Attorney, Divorce Attorney, Divorce Lawyer, Divorce Law, Mediation, Mediator
Child SupportIn North Carolina, both parents are required to provide support for their children. This does not, however, mean that each parent will be required to pay an equal amount of money toward the support of his or her child. North Carolina law follows a series of child support guidelines. The guidelines use an income shares model that takes into account the average monthly gross income of both parents. For many parents, the child support guidelines set an amount of child support payable or receivable that is appropriate for the needs of the children and is in sync with their ability to pay. However, some parents have children whose financial needs depart from the guideline amounts — either by making the guideline amount insufficient or excessive. In these cases, things become more complex than a simple payment calculation. A departure from the child support guidelines is called a deviation.
Child Custody and VisitationIn North Carolina, grandparents are allowed some visitation rights by law, but they have no automatic right to seek custody of their grandchildren. Parents have a privileged (constitutionally protected) right to the care, custody and control of their children. Only if a parent consents, is shown to be unfit, or has otherwise acted in ways that are found to be inconsistent with their rights, can a third-party — including grandparents — obtain custody of children.
Premarital AgreementContrary to what many people believe, a premarital agreement is not evidence of a lack of trust or a willingness to quit if marriage becomes too hard. In fact, a premarital agreement can be extremely helpful in many situations. Premarital agreements allow engaged persons who already have children from previous marriages or relationships to make arrangements for those children in the event of the parent's death. Additionally, if one or both of you owns significant assets, you can protect your ownership of those assets in your premarital agreement. Premarital agreements also provide an opportunity to discuss the organization of your rights and responsibilities before the marriage. Having this discussion before conflict arises may save you time and money and help avoid contentious divorce litigation.
Spousal SupportIn North Carolina, courts award two types of spousal support — post-separation support and alimony. Post-separation support is a type of time-limited temporary spousal support. Its goal is to put support in place before the entire divorce case has been developed. Alimony, on the other hand, is usually awarded by a Court after the equitable distribution of marital assets and debt has been completed. Alimony is more permanent than post-separation support, although it may not necessarily last a lifetime.
Trusts and Estates
Estate PlanningHuntersville Estate Planning and Probate, Lake Norman Estate Planning and Probate, Estate Planning Attorney, Lawyer, Elliot Law Firm Call Us Today 704-947-3838
WillsIncapacity planning is a broad area of law that covers how you are cared for if you become physically or mentally disabled. The type of care could range from simple tasks like buying groceries, paying bills, and handling financial matters to more important decisions such as selling real estate, gifting assets to family, or making essential medical decisions. Depending on the needs of the individual or family, we counsel clients on a number of planning techniques such as Durable or Special Power of Attorneys, Living Wills, and Healthcare Power of Attorneys.
TrustsIn gift and estate planning, clients are counseled about the various options for carrying out their objectives, which includes advising them about the tax consequences of each option, assisting them in implementing their decided-upon plans and preparing the requisite legal documents, including Wills and many different types of trust agreements (such as irrevocable insurance trusts, testamentary trusts, trusts for animals, marital AB trusts, charitable lead or remainder trusts and funded or unfunded living trusts).
Personal InjuryAs long as a debtor has a right to payment at the time of the bankruptcy filing—from a tax refund, a lawsuit, or some other source—that right to payment is property that must be given to the chapter 7 trustee unless it is exempt, even though the debtor has not yet received any money. Thus, a debtor may have to turn over a tax refund to the trustee that is received after the bankruptcy is filed, and a debtor may not be entitled to the settlement of a personal injury action that is entered into after the bankruptcy is filed.
Social Security DisabilityBankruptcy, Real Estate Law, Mechanics & Statutory Liens, Estate Planning & Estate Administration, Corporate & Commercial Law, Mergers & Acquisitions, Social Security Disability
Business and Corporate Law
Corporate LawThis area focuses on facilitating corporate and business transactions and tax planning on behalf of clients. This includes assisting clients by providing legal counsel on corporate law, corporate and LLC formations, corporate and partnership taxation, mergers, acquisitions, restructuring, and recapitalizations. Elliott Law Firm takes particular pride in advising clients with respect to the legal and tax ramifications of transactions, creating innovative structures, providing innovative solutions and preparing appropriate documentation for a variety of merger and acquisition transactions. Elliott Law Firm represents its clients at every stage of a transaction and offers a broad range of services, to successfully consummate a transaction.
Mergers and AcquisitionsMichael K. Elliott is the founding member of Elliott Law Firm P.C. in Huntersville and focuses his practice in the areas of Bankruptcy, Real Estate Law, Mechanics & Statutory Liens, Estate Planning, Corporate & Commercial Law, Mergers & Acquisitions, and Social Security Disability.
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- by on 04/02/2013
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