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Specialized Practice Areas

I am sure that once you hold a consultation talk with me, you and I will be clear as to how we can help you in your legal need. I am a member of the Alabama and Florida State Bars.

Injured?


Being injured is difficult enough, and making a decision about hiring an Alabama injury attorney should not add to the stress. During this difficult time, I am compassionate and understand your problems to be able to fight for your rights. 

Bankruptcy

It is essential to be ready to face any critical financial situation. While each financial situation is different, a bankruptcy filing helps you from protecting your personal assets. Apart from that, bankruptcy filing helps you in many other ways, helping you get financial freedom.

  • Stop a foreclosure.
  • Stop a repossession.
  • Stop someone from garnishing your wages.
  • Stop harassing phone calls.
  • Get rid of some of your debt or interest payments.
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Personal Injury

With experience in negotiating several personal injury litigations, I review cases involving wrongful death, car wrecks, products liability, nursing home abuse, on the job injuries, and other personal injury cases.  

I evaluate the facts of the case, as well as your injuries and make recommendations as to how you should file a civil lawsuit. I also negotiate on your behalf, and if necessary, try your case in a court of law.

Auto Accidents

Despite the numerous safety features of modern-age automobiles, the victims involved in car accidents still face a very real danger. There is a risk of severe personal injury or wrongful death.

While advances in technology have granted consumers air-bags, crumple-zones, and anti-lock brakes to protect the occupants of a vehicle what they cannot prevent are the negligent behaviors of other drivers. If you or someone close to you has been injured in a car accident then our expert Alabama car accident lawyers can help.

If you or someone close to you has been injured in a car accident then I can help. I am a seasoned injury lawyer who has the knowledge and resources to make your case a success.

The Roy Law Firm, P.C.
Bankruptcy
The Roy Law Firm, P.C.

How Do I Know What Kind of Bankruptcy to File?

Together, we will review your entire financial situation. I will examine all your current assets and debts. Then I will help you determine the kind of bankruptcy that best suits your needs.

What Kinds of Bankruptcies are There?

There are numerous ways through which you can protect yourself from bankruptcy. The various options provide you with protection of personal assets. 

Chapter 13

As per the provisions, an individual who is temporarily unable to pay their debts to keep their property by repaying their creditors with future income over a period of time, usually 5 years (60 months). You would work with me to set up a Chapter 13 bankruptcy plan and after the plan is paid out, you will receive a discharge of your debts. 

I will work directly with you to set the proper payment for you given your income, expenses and the types of debts you owe.

Advantages of Chapter 13

It allows fixed credit obligations such as a car, to be spread out over a period of 60 months. It automatically stops creditors from proceeding with foreclosures, garnishments, suits, repossessions and levies. Filing Chapter 13 also helps to fulfill tax - Federal and State - obligations to be paid through the plan. This can save you interest and penalties.

Pay Later

It allows arrearage or judgments for alimony or child support to be paid through your Chapter 13 plan. Attorney’s fees do not have to be paid up front and can be financed through the plan. Mortgage arrearage, the amount you are behind on your house, can be paid through the Chapter 13 plan. It prevents harassing letters and telephone calls from creditors. In many cases, it can result in lower payments.

Chapter 7

Chapter 7 bankruptcies are designed for individuals who can’t pay all their debts. Under a Chapter 7 bankruptcy, you get a fresh start. While there are limits on the amount of property you can keep, I will work with you to create a plan which best protects your property from creditors.

Advantages to Chapter 7

It often lets people keep most of their property. Gives people a fresh start by wiping away most types of debt. I also stop garnishments for dischargeable debts. There are chances for discharge from some tax obligations. And, freedom from harassing phone calls and letters from creditors.

Chapter 12

This is for mostly family farmers. It allows family farmers to repay their debts in a type of plan similar to Chapter 13. Call me if this is your situation.

Chapter 11

These plans are for businesses and some individuals. This code section is primarily for businesses and most often does not apply to individuals. 

Bankruptcy Fees

My fees vary depending on the type of case, the amount and type of debt you owe and how complex your case is. After your initial consultation, we can determine the fees. I will give you the fees in writing. You don’t have to pay all the fees upfront in a Chapter 13. The fee can be paid through your Chapter 13 plan payments. The fee to file for bankruptcy is listed below.

  • Filing fee for Chapter 7 – currently $335
  • Filing fee for Chapter 13 – currently $310
  • Credit counseling and credit report fees are approximately $75.
Divorce

Divorce is difficult enough, and making a decision about hiring an Alabama divorce attorney should not add to the stress. During this difficult time, you need a divorce attorney who is compassionate and understands your problems to be able to fight for your rights. 

Civil Suits

I have experience in defending many cases in Alabama. Whether your case involves a business dispute or a wrongful death, whether you were in a car wreck, or you are a whistleblower, you need a lawyer to protect your best interests.

Financial Issues

Issues regarding the transfer of assets under a power of attorney, joint accounts, payable on death provisions, beneficiary designations and property owned jointly with right of survivorship are common. There are numerous ways in which you need legal help.

  • Claims of breach of fiduciary duty against a personal representative, trustee or conservator.
  • The right to receive life insurance proceeds after the death of a family member or loved one.
  • The partial or final settlement of an estate and the distribution of assets to the beneficiaries.
  • Refusal by a personal representative or trustee to provide an inventory or an accounting.
  • The modification or termination of a revocable or irrevocable trust.
  • A trustee’s refusal to pay money or make distributions to the beneficiaries.
  • Disputes between primary beneficiaries and remainder beneficiaries of a trust.
  • Debts of a decedent and claims against an estate, personal representative or trustee.
Debt Solutions

I am your go-to debt negotiation lawyer in Alabama. In some cases, it is a better option to contact creditors to negotiate a settlement of your debts. However, please keep in mind that when you settle outside of bankruptcy, the debt is forgiven.

The creditor can file a 1099 which tells the IRS that the forgiven debt is earned income which must be included as gross income on your tax return.

What Happens If Your Debt Was Purchased?

There are some cases where your debt was purchased by an individual or a business engaged in buying bad debts. When a debt buyer proceeds to collect on the debt, you have several available defenses. The Fair Debt Collection Practices Act provides a federal statutory scheme that third party collectors are required to follow when they attempt to collect a debt.

Under the FDCPA, you have the right to demand proof of the debt from the collector. If you have retained an attorney, the collector is legally prohibited from contacting you.

What Happens If a Civil Action Has Been Filed?

In many cases, a debt collector will file a civil action to collect a debt. When this occurs, you may defend against the claim where the collector has not provided sufficient evidence to establish the existence of a contract.

Even if the collector presents old credit card statements and a ledger of payments made by the debtor, this still does not prove features that are usually in existence on a standard credit agreement. There could be applicable interest rate, establishment of late fees, forgiveness of late fees, and credits.

This means that the collector or creditor may not be able to prove the actual balance due on the account, and therefore may not meet its legal burden to prove the debt by a preponderance of the evidence.

Criminal

My role is to counsel clients in what I believe is likely to happen, the options at hand, and how to proceed. My team makes sure clients are well-informed because ultimately it is your case and you are the one who has the final say in deciding how to proceed.

It is your decision to accept a plea agreement, go to trial, or to take the stand, among other issues. However, I will always make sure that you understand the pros and cons of each decision to ensure you are thoroughly informed when making these truly difficult decisions.

Adoptions

Step-parent/grand-parent adoption offers loving care-givers the legal legitimacy to accompany their already existing parent-child relationship. Birth-mother adoption provides an attractive alternative to young mothers who may be tempted to abort their unborn children.

Embryo-adoption

Embryo-adoption redeems the smallest and most vulnerable people from an indefinite frozen existence and gives caring mothers a chance to experience pregnancy.

Foster-care Adoption

Foster-care Adoption can be the means of providing a loving and stable family to tender children who are easy prey to oppressors.

Private Adoption

Private adoption works within your own network to locate fatherless children who need a loving home.

If you have any legal needs?

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