Treviño & Rockwell L.L.C.

Frequently Asked Questions

mikeblakeman — Sun, 08 Jan 2012 20:17:41 +0000

What Does It Cost to File for Bankruptcy?
Filing fees for Chapter 7 are $306 and for Chapter 13 the fees are $281. The filing fees are in addition to attorney’s fees. In a Chapter 13 case, the court may allow you to pay the filing fee in installments if you cannot pay all at once. In a Chapter 7 case, the filing fees may be waived only if your household income is less than 150 percent of the federal poverty guidelines. You may not waive filing fees in a Chapter 13.

Will I Have to Go to Court?
In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. During the meeting, the Trustee will ask you questions about your bankruptcy forms and your financial situation.

Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney.

What Property Can I Keep?
You can keep all property that the law says is “exempt” from the claims of creditors, including but not limited to: a house that you live in, one vehicle per person, and 401Ks and pensions. Please contact our office to discuss whether your property is exempt.

Will Bankruptcy Wipe Out All My Debts?
Yes, with some exceptions. Bankruptcy will not normally wipe out money owed for child support, student loans, court fines, fees, and penalties, some state and federal taxes, and NSF checks (but not payday loans). Please contact our office to discuss whether your debts are dischargeable.

What Else Must I Do to Complete My Case?
Prior to your case being filed, you must complete an approved course called Credit Counseling. After the case is filed, you must complete a second course, called a Financial Management Course. These are requirements for Chapter 7 and Chapter 13 cases. In a chapter 7 case, you should sign up for the course soon after your case is filed. If you file a chapter 13 case, you should ask your attorney when you should take the course.

Click here for approved organizations in Kansas that provide these courses.

Source: Answers to Common Bankruptcy Questions Pamphlet
National Consumer Law Center, Boston, MA at www.consumerlaw.org

INFORMATION HEREIN IS NOT LEGAL ADVICE. The information expressed on this Web site is meant to give you general information not intended as legal advice upon which you should rely. Please contact our office to discuss your particular situation.

NO ATTORNEY-CLIENT RELATIONSHIP CREATED. This information is provided for educational and informational purposes only. It does not create an attorney-client relationship with Treviño & Rockwell LLC. Such a relationship can only be created with a written agreement between you and us after personal consultation.

DEBT RELIEF AGENCY. We are a federally designated Debt Relief Agency under the United States Bankruptcy Code to assist people filing bankruptcy.

Chapter 13 Bankruptcy

mikeblakeman — Sun, 08 Jan 2012 20:14:24 +0000

Chapter 13 is a type of “reorganization” used by individuals to pay all or a portion of their debts over a period of 3 to 5 years using their current income. A “plan” is filed with the court, which shows how you will pay off some of your past-due and current debts. A chapter 13 case allows you to keep valuable property – especially your home and car – which might otherwise be lost, if you can make the payments which the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind.

For more information on bankruptcy, including FAQs, click here.

Chapter 7 Bankruptcy

mikeblakeman — Sun, 08 Jan 2012 20:13:55 +0000

A Chapter 7 bankruptcy is known as “liquidation.” A trustee liquidates the debtor’s non-exempt property in order to make distributions to creditors. If you do not have significant non-exempt property, you may have a “no-asset” case, in which your creditors would not receive any proceeds from your bankruptcy estate.

Most debts will be discharged under a chapter 7 bankruptcy. Money owed for child support, student loans, court fines, fees and penalties; some federal and states taxes, and debts incurred through fraud are not normally dischargeable. Please contact our office to discuss whether your debts are dischargeable.

To proceed with a chapter 7 bankruptcy, a person must qualify for chapter 7 relief under a process called means testing. Our office will determine whether you are eligible to file for chapter 7 bankruptcy. If your income is above the median family income in your state, you may have to file a chapter 13 case. Additionally, if you want to keep property like a home or a car and are significantly behind on your payments, a chapter 13 filing may be the right choice for you.

Obtaining United States Citizenship

mikeblakeman — Sat, 07 Jan 2012 21:45:21 +0000

As a lawful permanent resident, you will eventually be eligible to naturalize to a United States citizen. If you obtained your residency through marriage, then you are eligible to file three years after your date of residency; if you obtained your residency through another means, then you are eligible to file five years after your date of residency.

Before your naturalization application is approved, you must demonstrate your English language skills and your United States civics and government knowledge during an interview with a USCIS officer. We will assist you in preparing for this interview. You may find study materials prepared by USCIS for the civics test here, study materials for the English language proficiency test here, and a naturalization self-test here.

Contact our office for assistance in beginning your naturalization process today!

Cases Before the Immigration Court

mikeblakeman — Sat, 07 Jan 2012 21:42:52 +0000

If you have been picked up by Immigration and Customs Enforcement (ICE), been detained, have a pending case in front of the Immigration Court, or are facing deportation or removal from the United States, we can help.

You may have several options for relief available to you, including Cancellation of Removal and Voluntary Departure. We will act as your advocate in all proceedings with immigration officials. We respond quickly to deportation relief and assistance requests and can help you seek a bond reduction in immigration proceedings.

If you or someone you know is facing any of these issues, contact our office today. You must act quickly in immigration matters to protect your rights. If you wait too long, you risk losing various options for removal relief.

Click here to access the webpage of the Immigration Court of Kansas City, Missouri.

Family Based Immigration

mikeblakeman — Sat, 07 Jan 2012 21:41:18 +0000

You may be able to file an immigration petition on behalf of your family member. These types of family-based petitions frequently result in immigration benefits such as entry into the United States or gaining Lawful Permanent Residency. A United States citizen may petition for his or her spouse, parents, children, and siblings. Lawful Permanent Residents of the United States may petition for their children and spouses. Similarly, it is also possible to file a petition for a fiancé who is abroad. The different immigration benefits available to family members include adjustment of status and consular processing.

Treviño & Rockwell LLC will review your situation and advise you on your immigration options. We will be happy to assist you in completing and filing all the necessary paperwork and acquiring the required documentary evidence that must be submitted.

You may click here for more information on family-based immigration options presented by U.S. Citizenship and Immigration Services.

Contact our office for assistance in beginning your family based visa process today!

Personal Injury and Wrongful Death

mikeblakeman — Mon, 27 Jun 2011 19:04:55 +0000

ACCIDENTS HAPPEN

At Treviño & Rockwell LLC we understand that accidents happen. Whether you were at home, place of business, or on your way to work, or relaxing somewhere outdoors, accidents happen. An accident can happen while you are in your car, truck, boat, motorcycle, RV or other motor vehicle. An accident can happen as you walk across the street or in the parking lot of a local business, retailer or grocer. You don’t plan for a collision, wreck, impact or slip and fall that results in a personal injury, physical or mental trauma. In many instances, the initial severity of an accident injury may remain unnoticeable, undetected or misdiagnosed. That is why it is important to seek the proper medical attention and care as soon as possible after the initial accident, and second, you should seek the advice of legal counsel to know your rights and protects your interests. We will do everything within our knowledge, skills and power to assist you in any potential recovery you may be entitled for an injury you suffered.

Call Now for a Free Consultation. Thank you for considering our Firm. We understand that you have many options when hiring an attorney to represent your interests.

Please call Treviño & Rockwell LLC at 785-856-8738 for a free initial telephone or in-office consultation about your personal injury or wrongful death case.

No Initial Attorney Fee or Client Expense. If we agree to represent you, you will pay no attorney fees or expenses until we win your case.

We Are Experienced. For more than 20 years, Attorney and Partner, Mark Rockwell, has focused on personal injury and wrongful death cases. Mr. Rockwell started in medico-legal practice during his tour of duty as a Navy JAG lawyer. He represented disabled sailors and marines injured in the line of duty. He fought for and won their rights to just compensation. As a civilian lawyer he obtained just compensation for his clients, as much as $5 million dollars. He handles all personal injury and wrongful death cases whether arising from motor vehicle, car, auto, truck, semi tractor-trailer, farm implements, product liability, motorcycle, bicycle, pedestrian, accidents and wrecks, dangerous premises, slips, falls, tainted food, drugs, prescriptions, BB guns, paintball guns, and firearms whether handguns, rifles, or shotguns. If it involves personal injury or wrongful death, we can handle the case.

You Will Receive Our Best. We give every client our best and you will receive the same.

Sincerely, Mark Rockwell and everyone at Treviño & Rockwell LLC.

Personal Bankruptcy Law

mikeblakeman — Mon, 27 Jun 2011 19:00:08 +0000

Do you need a fresh financial start? Filing for bankruptcy under Chapter 7 or Chapter 13 may be the answer to eliminating your unmanageable credit card debt, non-stop collection calls, garnishment or foreclosure. Contact David P. Treviño today to determine whether filing for bankruptcy under Chapter 7 or Chapter 13 is the answer for you.

We will help you determine whether you qualify to file for protection under Chapter 7 and will make certain you know before you file what debts can be discharged in bankruptcy and what assets can be protected. If you file for protection under Chapter 13, we will make certain that any proposed repayment plans are within your means. For more information on bankruptcy, including FAQs, click here.

Call our office today at (785) 856-8738 for a free initial consultation with our bankruptcy attorney David P. Treviño.

Immigration Law

mikeblakeman — Mon, 27 Jun 2011 18:57:22 +0000

Do you want to bring a family member to the United States?
Is your spouse seeking legal status?
Have you or a friend been picked up and detained by Immigration and Customs Enforcement (ICE)?
Do you want to become a United States citizen?

Treviño & Rockwell LLC can assist you with these and many other immigration needs. We have experience assisting clients with family based immigration, cases before the Immigration Court, and obtaining United States citizenship.

Because immigration cases are so fact-specific, it is important that you consult an experienced attorney about your exact case. In immigration matters, you must act quickly and competently to protect your rights. If you wait too long, you risk losing immigration opportunities.

Contact Treviño & Rockwell LLC today for your free consultation with one of our two immigration attorneys, David P. Treviño and Stacey L. Blakeman.

Employment Law

mikeblakeman — Mon, 27 Jun 2011 18:42:44 +0000

We represent workers who have been unfairly treated or wrongfully discharged, handling claims involving discrimination under Title VII, as well as retaliatory discharge claims for employees who have disclosed wrongful conduct by employers. Cases we handle include the following. Please click on an option below for more information on how we can assist you with your legal needs: