Frequently Asked Questions
At Nguyen & Nguyen, P.C., we want to help you understand the legal issues you are facing. Our attorneys are happy to offer a to discuss your particular situation. Presented here are brief answers to some of the questions we frequently hear.
- What do I need to do to begin the bankruptcy process?.
- How will I know that declaring bankruptcy is right for me?
- Should I provide a statement to an insurance company without a lawyer’s help?
- What determines the amount I might recover?
- What factors does the court consider to divide marital property?
- If my husband and I cannot agree on the division of certain household items, will we have to litigate the division?
At Nguyen & Nguyen, P.C., we understand the importance of the legal challenges you face. We are dedicated, knowledgeable and forceful advocates with a strong history of obtaining positive results for our clients throughout northern Virginia, Maryland and the greater Washington, D.C. metro area. We invite you to contact us online or call 703-534-0805 today to discuss your personal, family or business legal issues.
Begin by taking an inventory of your past and present debts. Also make a list of your assets to include in your petition in the bankruptcy filing. You must include schedules of assets and liabilities, along with a statement of your financial affairs, accompanied by your filing fee, in the petition you will file with the bankruptcy court.
An attorney experienced in bankruptcy law can help you determine the options that best suit your particular situation. Filing for Chapter 7 relieves most — but not all — of your debt. In contrast, Chapter 13 pays off your debts with a structured repayment plan. Businesses, corporations and partnerships can file for Chapter 7. Sole proprietorships can file for Chapter 13. Other commercial enterprises can file for Chapter 11, which repays creditors through a court–approved plan of reorganization.
To protect your best interests, provide nothing but your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Every case addresses at least these three issues:
- Liability—establishing someone’s negligence that resulted in your injuries
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Depending on the state, courts may consider some or all of the following criteria in property division:
- Length of the marriage
- Either person’s prior marriage(s)
- Each person’s age, health, station, income, vocational skills, employability, estates, liabilities and needs
- Contribution by one spouse to the education, training or increased earning power of the other spouse
- Opportunity to acquire future income and assets
- Sources of income, including medical, retirement, insurance and other benefits
- Services rendered as a parent, wage earner or homemaker
- Value of each person’s property
- Standard of living established during the marriage
- Tax consequences of the distribution
- Custodial parent designation
Divorce court judges and lawyers usually try to dissuade people from litigating the division of household items, because it often costs more money in legal fees to fight over those items than it would to buy new ones. But if you and your ex-husband cannot agree, you should seek legal help, because your property settlement will not be complete until these items are divided. The judge may simply divide them in a manner neither of you like.