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Our Legal Blog

Your Resource For Legal Information
By Federico Patiño 27 Mar, 2024
Understanding Chapter 7 Bankruptcy and Dischargeable Debts
15 Mar, 2024
Foreclosure is a legal process by which a lender takes possession of a property from a borrower who can no longer make the mortgage payments. Foreclosure can be a stressful and complicated process that leaves a homeowner feeling lost and helpless. If you are facing foreclosure, you might feel like you're out of options—but you're not. In this blog post, we'll go over what foreclosure is, how the process works, and most importantly, how you can avoid it. What is Foreclosure? Foreclosure is a legal process that allows a lender to recover the amount owed on a loan by taking possession of a property. Foreclosure is typically initiated when a homeowner stops making their mortgage payments. The length of the foreclosure process varies by state, but in Missouri, it typically takes at least four months. Once the foreclosure process has started, the homeowner can either catch up on their payments, sell the property, or face eviction. Understanding the Foreclosure Process: In Missouri, the foreclosure process is initiated when a lender files a notice of default with the county recorder's office. This notice informs the homeowner that they have a specific amount of time to pay their past-due payments or risk foreclosure. If the homeowner does not bring their payments up to date within the given time, the lender will then file a notice of sale. This notice sets the date and location of the foreclosure sale, which will usually take place at the courthouse in the county where the property is located. If the property is sold, the proceeds will go towards paying off the outstanding mortgage, and the remaining amount, if any, will be given to the homeowner. How Can You Prevent Foreclosure? There are several ways to prevent foreclosure, but the best option for you will depend on your situation. One way to prevent foreclosure is to make up the missed payments and get back on track with your mortgage. If you're unable to make up the payments, you may be able to negotiate a loan modification with your lender. A loan modification is an agreement between the borrower and the lender that changes the terms of the original mortgage to make it more affordable. Another option for preventing foreclosure is to sell the home before the foreclosure sale date. This can be a difficult decision to make, but it's often the best way to avoid the negative impact of foreclosure on your credit. If you're facing foreclosure, it's important to seek legal assistance as soon as possible. The lawyers at Troppito Miller Griffin have experience assisting homeowners who are fighting to keep their homes from being foreclosed on. We can help you negotiate with your lender, explore your options, and, if necessary, represent you in court. We understand how difficult this situation can be, and we're here to help you every step of the way. Foreclosure is a difficult process that can leave homeowners feeling overwhelmed and hopeless. However, with the right information, you can avoid foreclosure and keep your home. Understanding the foreclosure process, exploring your options, and seeking legal assistance from a knowledgeable attorney are all crucial steps in preventing foreclosure. At Troppito Miller Griffin, we're committed to helping Missouri homeowners keep their homes and avoid the negative impact of foreclosure. Contact us today to schedule a consultation.
16 Feb, 2024
If you are facing legal charges in Missouri, it is essential to understand the difference between a misdemeanor and a felony. These classifications refer to the severity of the crime you are being charged with and the potential consequences. This blog post will provide an overview of misdemeanors and felonies, and explain how an attorney can help you in these situations. What is a Misdemeanor? A misdemeanor is a less serious crime that is punishable by up to one year in jail and fines. Examples of misdemeanors include traffic violations, minor drug offenses, and petty theft. While the punishment for a misdemeanor is less severe than a felony, they still have significant consequences, including damage to reputation and difficulty in finding employment. What is a Felony? A felony is a more serious crime with potential imprisonment for more than one year and substantial fines. Examples of felonies include drug distribution, violent crimes, burglary, and identity theft. Felonies also often lead to loss of certain civil rights, like the right to vote or own a firearm, and can have a significant impact on your future prospects. How Can an Attorney Help Me? A criminal defense attorney can be a vital advocate for anyone facing misdemeanor or felony charges. Attorneys have the experience and knowledge to navigate the legal process, which can be complex and intimidating. They can work to negotiate plea deals, develop strong defense strategies, and ensure that your rights are protected throughout the process. At Troppito Miller Griffin we can provide Legal Assistance If you are facing misdemeanor charges in Missouri, the attorneys at Troppito Miller Griffin can help. Our team has the experience and knowledge necessary to evaluate your case, develop defense strategies, and negotiate on your behalf. We understand the impact that criminal charges can have on your life, and we are dedicated to providing compassionate, comprehensive legal representation to our clients. Understanding the difference between a misdemeanor and a felony is essential for anyone facing criminal charges in Missouri. It is also crucial to have a strong advocate on your side during the legal process. An experienced criminal defense attorney can help you navigate the charges you are facing, advocate for your rights, and improve your chances of a successful outcome. If you are facing misdemeanor charges in Missouri, contact Troppito Miller Griffin today for comprehensive legal assistance.
15 Feb, 2024
Should I Do Roadside Exercises or Provide a Breath Sample If I Get Pulled Over for DWI?
19 Jan, 2024
Losing a loved one unexpectedly can be one of the most difficult and traumatic events that anyone can go through. When that loved one's death is the result of someone else's negligence or wrongdoing, you may be entitled to compensation for your loss. However, getting that compensation can be a complicated and difficult process. This is where a wrongful death attorney can come in to help navigate the legal system and secure the compensation you deserve. If you're a Missouri resident and you've lost a loved one due to someone else's negligence, a wrongful death attorney at Troppito Miller Griffin may be able to help you. In this blog post, we'll discuss how a wrongful death attorney can help you and the kind of legal assistance that you can expect from Troppito Miller Griffin. 1. Provide Legal Guidance When you work with a wrongful death attorney, they can help you understand your rights and the type of claim you may be able to file. They can also guide you through the complicated legal process and explain the options available to you. They can also ensure that you meet all the necessary deadlines and requirements that are crucial in a wrongful death lawsuit. 2. Handle Investigation and Case Preparation A wrongful death attorney can help investigate the cause of death and gather evidence to support your case. They can also engage the necessary experts to testify on your behalf and prepare your case for trial. With the assistance of a wrongful death attorney, you will not have to worry about the legal complexities during this difficult time. 3. Negotiations and Settlements In a wrongful death case, it's essential to find a fair settlement amount. A wrongful death attorney can assess the damages you and your family have incurred and negotiate with the involved parties to compensate you fairly. If necessary, they can also take your case to trial to ensure you receive the compensation you and your family deserve. 4. Provide Emotional Support The death of a loved one can be emotionally devastating. A wrongful death attorney can provide compassionate support and act as a sounding board throughout the legal process. They can help handle the legal workload so that you can focus on your emotional healing and family commitments without worrying about the legalities.  If you're a Missouri resident and have lost a loved one due to someone else's negligence, a wrongful death attorney at Troppito Miller Griffin can help you. An experienced attorney can represent your interests and ensure that you seek the compensation you deserve. Losing a loved one can be a difficult journey, but the Troppito Miller Griffin team is here to help you through it.
11 Jan, 2024
If you or someone you know has been accused of a serious felony offense, the consequences can be severe. Apart from the criminal penalty, a felony conviction can result in severe social and economic consequences. To protect your rights and secure the best possible outcome, hiring a criminal defense attorney is essential. This blog post will explain the importance of seeking the right legal counsel when facing felony charges. Understanding the Legal System When charged with a serious crime, you will find the legal system complex and confusing. The legal procedures involved in a criminal case requires a deep understanding of the law and specific tactics to be used to protect your rights. An experienced criminal defense attorney can guide you through the legal system and make sure that your rights are protected. Protection of Rights The court system presumes that individuals charged with a crime are innocent until proven guilty beyond reasonable doubt. A criminal defense attorney can safeguard your rights by ensuring that your constitutional rights are protected throughout the whole process. Your lawyer will use strong legal arguments and rely on the rules of evidence to argue your case and defend your rights. Negotiating with the Prosecution A criminal defense attorney can also negotiate a plea bargain deal with the prosecution on your behalf. A plea bargain is a voluntary agreement where a prosecutor agrees to reduce charges or propose a different sentence in exchange for the accused’s guilty plea. Plea bargain deals can help reduce criminal penalties and minimize other risk factors associated with a felony conviction. Experienced criminal defense attorneys are knowledgeable in identifying the right plea bargain opportunities for their clients. Leveraging Their Expertise and Experience A criminal defense attorney has extensive experience handling a wide variety of cases involving various criminal offenses. They have the necessary expertise to study the prosecutor’s case, analyze key evidence, and identify flaws in the prosecution’s case. Your criminal defense attorney can strategically plan your defense and identify any legal challenge that could potentially dismiss or reduce your charges. Hiring a criminal defense attorney with extensive experience and expertise in felony cases is essential. The legal system is complex and challenging to navigate through. If you are facing a serious felony charge, getting the right representation can be the difference between a reduced sentence or outright dismissal of charges. The consequences of a felony charge can be severe and impact a range of areas of your life. A criminal defense attorney is critical to navigate through this challenging process on your behalf, ensuring that your rights are protected, and to achieve the best possible outcome. Contact a criminal defense attorney experienced in defending clients against serious felony charges to get the legal protection you deserve.
22 Dec, 2023
Making a will is an important task that helps ensure your assets and final wishes are carried out as you intend. However, creating a will is only half the battle. You also need to choose an executor who will be responsible for managing your estate after you pass away. In this blog post, we'll talk about what an executor's responsibility is and how it differs from an attorney. We'll also discuss how an attorney can assist you with the will drafting process and why you should consider working with Troppito Miller Griffin for your estate planning needs. So, what exactly does an executor do? An executor is the person you name in your will to manage your estate after you pass away. This includes distributing your assets, settling your debts, and ensuring your final wishes are carried out. The executor's primary duty is to follow the instructions you laid out in your will to the best of their ability, while also acting in the best interests of your beneficiaries. In Missouri, the executor is also responsible for filing your will with the probate court and overseeing the probate process. While an executor is responsible for managing your estate, an attorney is responsible for providing legal advice throughout the estate planning process. An attorney can help you draft your will, ensure it meets all legal requirements, and provide guidance on complex issues such as tax planning. They can also assist with other estate planning tools such as trusts and healthcare directives. In short, while an executor manages your estate, an attorney helps you create and manage it. Now you may be wondering how an attorney can help you avoid probate. Although probate can be a lengthy process, there are ways to minimize its impact or even avoid it altogether. Attorney's can help with putting assets in trusts, naming beneficiaries, and creating joint ownership. It's worth noting that these strategies may not be appropriate for everyone, however, an attorney can help you explore your options to reduce the impact of probate on your estate. At Troppito Miller Griffin, our experienced attorneys can assist you with the will drafting process, as well as other estate planning tools. We understand that everyone's estate planning needs are unique, and we pride ourselves on providing customized solutions to address our clients' individual concerns. Additionally, our team stays up to date on the latest changes in estate planning law to ensure that you receive the best possible advice and guidance. In summary, creating a will is just the first step in planning your estate. It's vital to choose an executor who can carry out your wishes and provide guidance throughout the probate process. An experienced attorney can assist with both aspects of estate planning, from creating your will to developing strategies to minimize probate's impact. At Troppito Miller Griffin, our attorneys are dedicated to providing superior estate planning services to Missouri residents. Contact us today to learn more about how we can assist you with your estate planning needs.
By Karina Alvarez 20 Dec, 2023
Chapter 13 bankruptcy is a viable option for people who are struggling with debt but still want to retain possession of their assets. However, it can still be a complex process, and many individuals may have questions regarding their tax liabilities when they file for bankruptcy. This is especially important for residents in Missouri because of the state's tax laws. In this blog post, we'll be discussing the effect of Chapter 13 bankruptcy on your taxes and whether or not you have to pay taxes after filing for bankruptcy.  Chapter 13 bankruptcy may help to clear your debts, but it doesn't wipe out all of your outstanding tax debts. In fact, it may only provide you with temporary relief. If you owe tax debt, it will be classified as either priority, secured, or unsecured, with each having a slightly different approach under Chapter 13 bankruptcy. Priority tax debts often include income taxes that were due within the last three years. These tax debts will likely need to be paid back in full through your Chapter 13 repayment plan. If you fail to include these debts in your plan, it could result in the dismissal of your bankruptcy case. Secured tax debts, on the other hand, are those that have been secured by a lien such as property or real estate. These debts will need to be paid off through the sale of the secured assets during the bankruptcy process. If the sale of these assets doesn't cover your tax debt, then you'll still be responsible for paying the remaining balance. Unsecured tax debts, such as penalties or interest, don't have a lien or security and are less prioritized in Chapter 13 bankruptcy. These types of debts are grouped together with other unsecured debts, such as credit card debt, and may not need to be paid back in full. Instead, you might be required to pay back a reduced amount, depending on your income and the amount of your assets. While Chapter 13 bankruptcy may relieve some of your tax debt, it's important to note that it doesn't eliminate all existing or future tax debts. You'll still be liable for taxes that you incur while your case is pending. For example, if you receive income while your Chapter 13 plan is in effect, you'll still owe taxes on that income. In conclusion, Chapter 13 bankruptcy may be a viable solution for those struggling with debt, but it's important to understand that it doesn't wipe out all your tax debts. You'll need to consider the type of tax debt you have and how it will be treated under Chapter 13. Moreover, Chapter 13 doesn't exempt you from paying taxes incurred after filing, so it's crucial to stay informed about your upcoming tax liabilities. If you're uncertain about the effect of Chapter 13 bankruptcy on your taxes, it's best to seek legal counsel from an experienced bankruptcy attorney to help you navigate the process. By doing so, you'll make more informed decisions regarding your tax debt and complete the bankruptcy process with minimal complications.
24 Nov, 2023
Slip-and-fall accidents can happen to anyone, anywhere, and at any time. They can result from a variety of factors, such as wet floors, damaged sidewalks, uneven stairs, or icy walkways. While no one plans to experience a slip-and-fall accident, it is essential to know what to do in case it happens. If you have been injured in a slip-and-fall accident in Missouri, this blog post will guide you through the first steps to take. We'll discuss the critical actions that can help protect your health, your rights, and your compensation. Keep reading to learn more. 1. Seek Medical Help Your health and safety should always be your top priority after a slip-and-fall accident. Even if you don't feel severe pain or visible injuries, you should still seek medical attention. Some injuries can develop or worsen over time, and you may not even realize their severity until it's too late. Suppose you feel pain, dizziness, lightheadedness, or even confusion after a slip-and-fall accident. In that case, you must call 911 or visit the nearest emergency room. Otherwise, you can schedule an appointment with your primary care physician or a specialist. They can check for injuries such as broken bones, sprains, bruises, cuts, internal bleeding, head trauma, and spine injuries. 2. Collect Evidence After seeking medical help, the next step is to collect evidence of the slip-and-fall accident. Evidence can help establish who is liable for your injuries and how much compensation you may be entitled to. Here are some types of evidence you can gather: - Take photos or videos of the accident scene, including the hazard that caused your fall, any warning signs or barriers, and your injuries. - Collect contact information from any witnesses who saw the accident, such as their names, phone numbers, and email addresses. - Save any physical evidence that can link to the accident, such as your torn clothing, broken glasses, or damaged phone. - Get a copy of the accident report, which should include the date, time, location, and possible causes of the accident, as well as the contact information of the property owner or manager. 3. Fill out an Accident Report If your slip-and-fall accident happened on someone else's property, you must report it as soon as possible. Most property owners or managers have a protocol for handling slip-and-fall accidents, which may involve filling out an incident report. The incident report should provide details of the accident, as well as your name, contact information, and injury description. By filling out an accident report, you can document the incident while it's still fresh in your memory, and the property owner or manager can take corrective action to prevent future accidents. If the property owner or manager refuses to make an accident report, you can contact the police or a slip-and-fall attorney for assistance. 4. Consult a Slip-and-Fall Attorney If you have sustained injuries in a slip-and-fall accident that was not your fault, you may be entitled to compensation for your medical bills, lost wages, pain, and suffering. However, navigating the legal system can be challenging, especially if you're recovering from injuries and may not be familiar with Missouri's laws and regulations. At Troppito Miller Griffin, we can assist Missouri residents with slip-and-fall accidents. Our attorneys have vast experience in personal injury cases and can provide you with the guidance and support you need to recover from your injuries and get the compensation you deserve. Slip-and-fall accidents can be stressful, painful, and can affect your physical, emotional, and financial well-being. But by following the steps outlined in this blog post, you can take control of the situation, protect your health and rights, and increase your chances of receiving fair compensation. Remember to seek medical help, gather evidence, fill out an accident report, and consult a slip-and-fall attorney if necessary. At Troppito Miller Griffin, we're here to help you every step of the way.
31 Oct, 2023
Filing for Chapter 7 bankruptcy can feel like a daunting task for those struggling financially, but it’s important to understand that it can also be a path to financial freedom. Chapter 7 bankruptcy is the most common type of bankruptcy in Missouri, and it allows individuals to discharge their debts, giving them the opportunity to start fresh. In this blog post, we’ll be discussing who should file for Chapter 7 bankruptcy in Missouri. We’ll explore the criteria that must be met in order to file for Chapter 7 and what you can expect during the bankruptcy process. Whether you’re considering filing for bankruptcy or know someone who is, this post will provide valuable information to guide you through the process. 1. Understanding the Means Test In order to file for Chapter 7 bankruptcy, you must first pass the means test. The means test determines whether your income is low enough to qualify for Chapter 7. Your income must be below the state median income for a household of your size or you must be able to show that you don’t have enough disposable income to pay off your debts. This test requires a detailed analysis of your income, expenses, and debts. An experienced bankruptcy attorney can help you navigate this process and determine whether you qualify for Chapter 7. 2. Criteria for Filing Apart from the means test, there are other criteria that must be met in order to file for Chapter 7 bankruptcy. One of the most important factors is the amount of debt you owe. If you owe more than $394,725 in unsecured debt or $1,184,200 in secured debts, you may not be eligible for Chapter 7 bankruptcy. Additionally, you must not have filed for bankruptcy in the previous 8 years and you must not have been denied a discharge in a prior bankruptcy filing. 3. The Bankruptcy Process Once you’ve determined that you qualify for Chapter 7 bankruptcy, you can begin the filing process. This process can take several months and involves filing a petition with the bankruptcy court, attending a meeting of creditors, and completing bankruptcy counseling. During the process, a trustee will be appointed to oversee your case. They’ll review your assets and debts and determine which debts are eligible for discharge. Most of your debts will be discharged within a few months, allowing you to start fresh with a clean slate. 4. The Benefits of Filing for Chapter 7 Bankruptcy Filing for Chapter 7 bankruptcy can provide numerous benefits, including the discharge of most of your debts, the ability to keep certain assets, and the opportunity to rebuild your credit. Once your debt is discharged, you’ll be free from the burden of struggling to make monthly payments and facing collection calls from creditors. You’ll also be able to keep certain assets, such as your home and car (depending on the value and equity), which can help you maintain your quality of life. Moreover, filing for bankruptcy signals a fresh start and allows you to begin rebuilding your credit. Chapter 7 bankruptcy can be a viable option for those drowning in debt and struggling to make ends meet in Missouri. If you’re considering bankruptcy, it’s vital to understand the criteria for filing and the bankruptcy process. Consulting with an experienced bankruptcy attorney can help you determine whether filing for Chapter 7 is the right option for you. At the end of the day, filing for bankruptcy can provide a fresh start and pave the way for a brighter financial future.
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