ALBERT BOOTHBY Law Office

Many consumers believe that since the "new" Bankruptcy law went into effect on October 17, 2005, they can no longer seek relief under the Bankruptcy Code. This is not true, although to be honest, the amount of work, the responsibilities of both client and attorney, and the expense have increased significantly. We offer our clients services under both Chapter 7 and Chapter 13. The former (Liquidation) is designed for debtors in financial difficulty who do not have the ability to pay their existing debts.

If you are a debtor whose debts are primarily consumer debts you are subject to a "means test" designed to determine whether your case should be permitted to proceed under chapter 7. If your income is greater than the median income for Maine and family size, creditors might be able to get your case dismissed.

There are many questions which you will have involving exemptions for certain of your property, reaffirming or redeeming property from a secured creditor, non-dischargeability of certain debts, and general conduct and procedures under the Code. The filing fees have been increased to a total of $274 and our fees are reasonable and a flat fee. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time.

Under the protection of the court you must file a plan to repay your creditors all or part of the money that you owe them. You might have up to 5 years depending on your income and other factors. The court must approve your plan. Many cases are filed to stop home foreclosures. The filing fees for chapter 13 are a total of $189.

Attorneys fees require a retainer and a reserve and may in part be paid under the plan. Section 521(a)(1) of the Bankruptcy Code requires that all debtors promptly file detailed information regarding their creditors, assets, liabilities, income, expenses and general financial condition.

Your bankruptcy case might be dismissed if this info is not filed with the court within the time deadlines set by the Code and Rules. There are also new requirements for credit counseling.

We welcome clients with questions but find it helpful for them to have information together when we meet to discuss relief under the Bankruptcy laws.

FAMILY LAW —

Family law includes Separation and Divorce, Custody matters, Child Support, Parental Rights and Responsibilities & Paternity, Adoption, and related issues.

Divorce includes dissolution of a marriage, children's issues such as parental rights and responsibilities, residence, contact & visitation, child support, division of marital & non-marital property, spousal support, and costs of divorce.

In Maine, property issues will often involve not only real and personal property but retirement and pensions (especially military retirement).

Family Law has become a specialty in which an experienced able attorney is a necessary advocate for the client involved with the court system.

PERSONAL INJURY & MEDICAL MALPRACTICE —

Are you put off by ads with lawyers carrying baseball bats and touting out of state actors?

We offer a new and refreshing approach to really assist those clients who have suffered injuries, disabilities, and damages as a result of the negligence of others whether from an automobile crash, slip & fall, medical malpractice or other event.

At no extra cost to the client we team with expert and experienced trial counsel of a major litigation firm located nearby in Portland; this provides our clients with double the coverage and a local office here in the Brunswick area along with major representation in Cumberland County in both State and Federal Courts.

We do handle cases in all Maine Counties as well as representing clients in Federal Tort Claims actions. Please contact us for a no charge appointment and evaluation.

CRIMINAL LAW —

Since 1973 we have represented clients in criminal cases in Federal & State courts. Experienced in Courts-Martial matters we have handled many Army and Navy judicial and non-judicial cases.

While most of our work is in the Maine District and Superior courts, the type of cases range from the violation of a civil Protection from Abuse matter to major felony drug cases.

We have represented clients through the ever changing laws relating to domestic violence & abuse and operating under the influence. We place a significant emphasis on all aspects of a criminal case, including, when necessary structuring sentences which will help our clients to rehabilitate and never again need representation in a criminal case.

We maintain excellent relationships with the prosecutors and law enforcement officers to assist our clients. Our work as a Justice of the Peace also is helpful.

REAL ESTATE —

We offer legal services including Title Searches & Certification, drafting of Deeds, Purchase & Sale Agreements, Promissory Notes and Mortgage Deeds, Closing services, other documents and representation in legal actions such as evictions.

We work closely with Maine Real Estate Brokers in all aspects including obtaining CMA's and Opinions of Value, Buy/Sell, and listing. Not only is the Real Estate market changing day to day, it is wise to engage representation in such important legal matters.

CORPORATIONS & LLC's —

We provide legal services to families and small businesses in setting up and maintaining Corporate structure, usually dealing with Sub-chapter S Corporations and LLC's.

We are serving as Clerk and/or Agent for many of our clients. We highly recommend partnering with a team which would include the services of an accountant for the business.

WILLS & PROBATE —

We also offer legal services such as drafting Wills, Living Wills, Durable Healthcare POA's, as well as Special & General POA's. We handle Probate matters regarding small and medium size estates at very reasonable fees and costs.

Call Today— (207) 729-5501

*No Charge For Case Evaluation in Certain Cases.

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