Recent Blog Posts

Bankruptcy timing is everything

Frank Waters — Fri, 16 Mar 2012 18:55:00 GMT

In Bankruptcy timing is everything. If you wait too long you can get lawsuits, judgments, garnishments and even tax liens against your property. If you file to early you can have property transfers and preferential payments overturned, credit card charges disputed, and property lost. Knowing when to file and when to wait is rather like "the Gambler" by Kenny Rogers: 'you got to know when to hold it and know when to fold it, know when to walk away, and know when to run.'

The timing can be tricky, and only somebody who understands what it is like to live with debt and deal with the daily problems of it can really understand. Only an experienced bankruptcy attorney can advise you of just when to 'hold it and when to fold it." I can do both, so come into the office and let's discuss your options.

A true "Arizona" Attorney

Frank Waters — Wed, 07 Dec 2011 20:00:00 GMT

AN ARIZONA NATIVE

I love Arizona- I was born here. I was born in Mesa in 1969. Back then Mesa was seperated from Phoenix and Scottsdale. It wasn't a small town, but it was nothing like it is today. All three of my children were born in Arizona and carry on the family tradition. Both my parents were born in Arizona: Prescott and Safford. My grandfather was born in Bisbee and my Grandmother was born in Thatcher. My great-grandfather was "the first white child" born in Cochise County - Tombstone. His mother operated the only bakery in Tombstone and his father- my great-great-grandfather was a US cavalryman. My family has been part of this state since before statehood- 2012 will be 100 years since Arizona became a state. They've always hated lawyers- a family joke- and I'm striving to change that perception.

I first came to Bullhead City, Lake Havasu City, and Kingman in 1976. My father worked for Valley National Bank, which later became Bank One, and finally Chase bank. He interviewed to be the manager of the new branch housed in the brand new building off Highway 95 in the Hasting's parking lot. I was a child, but I remember the river (no dam) blowing dirt, and 116 degrees. There was no bridge to Laughlin. Kingman was the largest city in the County. Lake Havasu City was little more than the recently reconstructed London Bridge. (I was excited to see that) I toured the Kingman courthouse, where I now practice law 35 years later. My dad was shown the area and offered riverfront property for $60,000 (I wish we had that!).

A lot has changed, but one thing that hasn't changed is the pride my family feels in being "Arizonans." Not that I believe you must be a native Arizonan to have pride in our great state, or that if you were not born here your opinion matters less. My wife is a transplant from New Mexico. The distinction as a native Arizonan, is I understand the historical roots of this state and the factors that shaped our history and present. (I have a master's degree in Southwest History) These factors influence our current laws and politics. My ancestors knew Geronimo, Wyatt Earp, Morgan Earp, Virgil Earp, Ike Clanton, McLaurys, and other influential early folk heroes. Doc Holiday gave my Great Grandfather a birthday present- a herd of cattle he won in a poker game in the imfamous "Oriental Saloon." He and my Great-Grandmother Beatrice McBride were friends. My family's Red Goose shoe store is still operating in downtown Safford, after over 100 years, under the direction of my Uncle Frank D. Waters.

After over 100 years in this state, which my family has been committed to for 5 generations before me, I'm not going anywhere. We have been operating businesses in this state continuously since the 1870's- we're here to stay. If you need legal assistance, I will be here for years bringing the same customer service my family has been offering for nearly 150 years to the people of Arizona. My family reputation is important to me, as is my professional reputation. I'll handle your case in such a way that my family will have nothing to be ashamed of.

Remembering Pearl Harbor

Frank Waters — Tue, 06 Dec 2011 23:28:00 GMT

REMEMBERING PEARL HARBOR

Wednesday, December 7th marks the 70th anniversary of the attack on Pearl Harbor on December 7, 1947: "A day which shall live in infamy." The USS Arizona shares a prominent place as part of this event. As I reflect on the significance of this anniversary, I am moved by the way the country came together. Everyone came together in a common goal for the good of the country. People sacrificed doing metal drives, doing without gasoline and foodstuffs, rationing, volunteer work and bought war bonds to support the war effort. Prior to the attack there was bickering in Washington as the President and Congress had different agendas for America.

That was 70 years ago- a lot has changed, and most of the participants are dead, but the message of that event should not be lost. 10 years ago on September 11, 2001, the country briefly did the same thing. We were suddenly attacked by an unseen foe. There was great loss of life and Americans came together in support of the victims. Donations were made to the families of the New York victims. There were tears for complete strangers in the largest city in the United States. But they weren't "strangers" or "New Yorker's" only, they were "Americans" just like you and me. Again, there was bickering in Washington as the President and Congress had different agendas for America, but they overcame them for the common good and we banded together as Americans. We may differ on our feelings towards some of the laws that stemmed from "911" but America was strengthened by the attack.

We, as average Americans, are again under attack today. Regardless of your politics, it is pointless how the President and Congress fight. They all have different agendas for America. The only common goal they seem to share is their desire to line their own pockets at our expense, tear down the other side, and blame the other side for all the ailments of this country. The result is a class warfare fought by "tea party" advocates on one side and "Occupy Wall street" advocates on the other side. They sling mud at each other using derrogatory terms such as "tea baggers" and "occutards" to tear each other down. Instead of coming together for the common good, they drive us further and further apart. They fail to see that they fight a common enemy: a bad economy that is hurting average Americans, and runaway spending by Washington politicians, which makes the problem even worse. The bailouts protected corporate profits, but kept the housing market from rebounding, and hindered improvements in the business strategies that no longer worked. Washington is attempting to tax and spend us out of the depression and into prosperity. This can never work. And we as Americans are helping them do it while blaming other average Americans for thier "greed" or "laziness". We cannot see the problem, and we cannot come together. What is different? Why can't we get beyond our petty differences and look to the solutions rather that blaming the other side- both parties are to blame- neither has our best interests at heart.

I think the answer is we have no "common enemy" such as Bin Laden, the Taliban, Saddam Hussein, Moamar Quaddafi, Japan or Germany (world war 2 - not now!). We percieve no "attack." But there was an attack, it just happened gradually rather than a "sneak attack." Rather than one violent physical attack, there has been an eroding of the middle class, increase in distance between rich and poor, and steadily increasing national debt. THIS SHOULD BE OUR COMMON ENEMY! We should band together and fight the runaway spending in Washington, corporate bailouts while average Americans are forced to Bankruptcy, unemployment forcing people to bankruptcy and disability, and eroding of the American way of life. If we don't band together, Washington politicians will succeed in destroying America where the Nazis, Japanese, and Taliban failed- and we'll cooperate all the while blaming fellow average Americans. I sincerely hope we can band together before it is too late.

Bankruptcy Myths

Frank Waters — Tue, 06 Dec 2011 22:15:00 GMT

There are many common myths about Bankruptcy. This article reprinted from MSN debunks some of these myths...

Like most big, bad scary things, bankruptcy has a reputation based on a few tidbits of truth and a lot of embellishment. And like most creepy crawlies, it's not nearly as frightening once you know the truth.

With a mind toward declawing the monster, here are a dozen misconceptions about bankruptcy:

1. Everyone will know I've filed for bankruptcy. Unless you're a prominent person or a major corporation and the filing is picked up by the media, the chances are very good that the only people who will know about a filing are your creditors. While it's true that bankruptcy is a public legal proceeding, the number of people filing is so massive that very few publications have the space, manpower or inclination to run all of them, although some local newspapers do print the names of those who have filed in that community.

2. All debts are wiped out in Chapter 7 bankruptcy. You wish. Certain types of debts cannot be discharged, or erased. They include child support and alimony, student loans, restitution for a criminal act and debts incurred as the result of fraud.

3. I'll lose everything I have. This is the misconception that keeps people who really should file for bankruptcy from doing it, says Chris Viale, the chief operating officer of Cambridge Credit Counseling in Massachusetts.

"They think the government will sell everything they have and they'll have to start over in a cardboard box," Viale says.

While bankruptcy laws vary from state to state, every state has exemptions that protect certain kinds of assets, such as your house, your car (up to a certain value), money in qualified retirement plans, household goods and clothing.

"For most people, they'll pass through a bankruptcy case and keep everything they have," says John Hargrave, a bankruptcy trustee in New Jersey. If you have a mortgage or a car loan, you can keep the property as long as you keep making payments (like the rest of us).

4. I'll never get credit again. Quite the contrary. It won't be long before you're getting credit card offers again. They'll just be from subprime lenders that will charge very high interest rates. "There are innumerable companies that will provide credit to you," says California bankruptcy attorney and trustee Howard Ehrenberg.

"I don't advise any of my clients to run out and run up the bills again, but if someone does need an automobile, they can go and will be able to get credit," he says. "You don't have to go underground or something to get money." (Do you know your credit rating?

5. If you're married, both spouses have to file for bankruptcy. Not necessarily. "It's not uncommon for one spouse to have a significant amount of debt in their name only," Hargrave says. However, if spouses have debts they want to discharge that they're both liable for, they should file together. Otherwise, the creditor will simply demand payment for the entire amount from the spouse who didn't file.

6. It's really hard to file for bankruptcy. It's really not. Technically, you don't even need an attorney -- you can do the paperwork without one. However, going through the procedure alone is not recommended. (emphasis added)

7. Only deadbeats file for bankruptcy. Most people file for bankruptcy after a life-changing experience, such as a divorce, the loss of a job or a serious illness. They've struggled to pay their bills for months and just keep falling further behind.

8. I don't want to include certain creditors in my filing because it's important to me to pay them back someday, and if the debt is discharged, I can't ever repay them. Bless you for even thinking about such a thing. You're no longer obligated to repay them, but you always have the opportunity. If your conscience won't let you sleep because you didn't pay your debts, there's nothing in the bankruptcy code that prevents you from doing that once you're back on your feet. But it is nearly impossible to leave any account with a balance out of your list of creditors. In general, all creditors receive notification of your bankruptcy filing, whether they are listed in the petition or not.

9. Filing for bankruptcy will improve my credit rating because all those debts will be gone. Filing for bankruptcy is the worst "negative" you can have on your credit report. Unlike other negatives, which stay on your report for seven years, bankruptcy can be there for 10 years, but you do get to rebuild your credit eventually.

10. You can't get rid of back taxes through bankruptcy. Generally speaking, this is true. However, there is such a thing as tax bankruptcy, says tax educator Eva Rosenberg, known on the Web as TaxMama.

11. You can only file for bankruptcy once. The truth is, you can file for Chapter 7 bankruptcy only once every eight years, says Justin Harelik, Bankrate's bankruptcy adviser. For Chapter 13 reorganization, you can file more often than that.

Of course, that doesn't make it a good idea.

"Multiple bankruptcies are really bad," Rosenberg says. "Many people get into the habit of once they've done it, it becomes a way of life. This is not good for your karma." Or your credit rating.

12. I can max out all my credit cards, file for bankruptcy and never pay for the things I bought. That's called fraud, and bankruptcy judges can get really cranky about it.
While filing for bankruptcy can be a scary process, it doesn't have to ruin your life. Avoiding some uneccessary stress and needless problems and lost property can be as simple as finding the right attorney. The choice whether to hire and attorney or not, and which attorney really matters. You need an attorney who not only knows the law, but also knows what it is like to be broke and deal with creditors. I am that attorney! When you need "quality representation when it really matters" you need to contact the law office of Frank T. Waters for a free consultation to discuss your bankruptcy options.

How to choose an attorney

Frank Waters — Mon, 28 Nov 2011 21:25:00 GMT

HOW TO CHOOSE THE RIGHT ATTORNEY

Chosing an attorney can be a difficult thing. You may think that all attorneys are alike and one is just as good as another. That may or may not be true when it comes to technical prowess, but there are so many more points to consider. Legal matters are complex and usually involve a great deal of emotion. Your case is important to you, but sometimes you might get the feeling it doesn't matter to the attorney or thier staff. It should! When it Really Matters, like your case does to you, you need an attorney who will treat you and your case like they matter.

So, in chosing the right attorney, consider that you'll be beginning an ongoing relationship that lasts for months or even years. You'll not only begin a relationship with the attorney, but also his or her staff. So ask yourself the following questions in making your determination:

-- Do I like this person, or do they make my skin crawl?

-- Do I like thier staff, or same problem? This may be the person I work with often!

-- How many different people am I going to have to work with? Will they even remember me?

-- Do the people in the office seem happy? If they are miserable, they'll probably make you miserable!

-- How is the office decorated and arranged? This can be a window into the soul of the attorney and staff, you can gain valuable insight into what is important to them, thier pride in thier personal appearance, their attention to detail, their professionalism, their personality, and remember you may spend a great deal of time in this office!

-- Did I speak with an actual attorney? And did he or she listen to me and answer my questions? This should be an indication of how your case will proceed. You're not going to become more important to an attorney once you've paid them. If they ignore you when they are trying to impress you and gain your confidence, then it should be obvious that it will only get worse as time goes on. If they are rude or impatient now, imagine how they'll be later!

--Did they make promises that seem unrealistic? If so, run like hell!

-- Finally, go with your instinct. You're putting alot of faith and trust into this person. You need to feel comfortable.

Above is what I consider important in determining how I'll treat you and your case. If this sounds reasonable to you, please contact me to discuss your legal issues.

What to do after a car accident during holiday travel

Frank Waters — Mon, 21 Nov 2011 17:50:00 GMT

As we prepare for the Thanksgiving holiday season many of us are contemplating travel out of the area. While we enjoy a temperate climate locally, there are many locations in the region that are not so fortunate. If you are driving this holiday season take extra care to avoid an accident.

Accidents are an inevitable part of life. I read in a book on accident law that towards the beginning of the 20th century there were only 2 registered vehicles in New York city and almost no paved roads. They got in a collision with each other! There was only one tree in the Sahara desert for nearly 40 square miles- nothing around it; that could be seen for miles before you reached it. A driver hit it! This just goes to show that no matter what, accidents will happen- they are unavoidable. So it helps to prepare for an accident if we are unfortunate enough to have one.

First, make sure you know where your insurance cards are, and that they are current. If you have an accident, you'll be required to show proof of current insurance. Unfortunately, in our local economic climate the number of uninsured drivers, and those with only the minimu policy limits are skyrocketing. So, do yourself a favor and obtain Uninsured (UM) and Underinsured (UIM) coverage to protect yourself.

Second, I would recommend "Med Pay" or "Medical Payments" coverage. Med Pay pays your medical bills irregardless of whose fault the accident is. Even if it is not your fault, your medical payments insurance will pay the bills, and by law they don't get reimbursed for amounts below $5000 unless your policy specifically states differently. This results in extra money for you. Virtually all insurance policies could have this coverage, which is very inexpensive; but agents often don't make you aware of it.

Third, be careful what you say at the accident scene. If the police are investigating, thier report will be an integral part of your case. They are the first responders, and typically the only person in a position to investigate the accident from a firsthand perspective. As such, thier opinion will carry a great deal of weight and what you say when you are highly upset and confused after an accident could come back to haunt you. Forest Gump said "Life is like a box of chocolates...you never know what you're gonna get." I prefer "life is like a jalepeno...what you do today may come back and burn your ass later."

Fourth, get checked out by medical personnel if you are feeling any negative effects from the accident. It is common for pain to be minor at first and intensify in the 2-3 days after the accident. Delays in obtaining medical treatment cause you pain and in some cases more treatment. Additionally, the longer you wait to obtain treatment, the more likely an insurance adjuster is to argue against it. Do yourself a favor and get checked out early.

Finally, do not speak to the insurance adjuster for the other side. They will call you early on to attempt to get a recorded statement. Their reason will be to "determine liability" or "document the case" or some similar ruse. The underlying motivation is to obtain statements from you that will undermine your case or even shift the responsibility to you. They also are trying to get statements from you that would disagree with your assertions that you were injured in the accident. After they speak to you, they'll often offer you a small amount of money, but this is not in your best interests. Remember the adjuster works for the insurance company responsible to pay you. His or her JOB is to keep money in the company accounts away from you. The better they do the higher their bonus. So the more money the adjuster takes from you, the more money they personally get! They are not your friend. They are never looking out for your best interests!

There are many more things I could say on this subject. These are my opinions and not official statements on State Law. The important thing is to be careful both in traveling and in dealing with an insurance adjuster should an accident occur. It is unfortunate when an accident occurs. It would be far more unfortunate to assist the insurance adjuster in cheating you out of the money you are entitled to.

Local Mohave County Attorney in Fort Mohave is now accepting Social Security Disability cases in Bullhead City, Kingman, Lake Havasu City

Frank Waters — Sun, 20 Nov 2011 19:40:00 GMT

We are pleased to announce that after a comprehensive training program our firm is now ready and able to represent clients in obtaining Social Security disability benefits in addition to the continuity of our services in Bankruptcy, Accident and Injury law, Estates and Estate Planning, Divorce and Family law.

Obtaining disability benefits through Social Security is a complex process. It was designed by our Congress- the same group that is known for thier efficiency, common sense, and caring attitude towards the American taxpayer who has funded this program for years. They have chosen to exempt themselves from Social Security and have given themselves and exclusive superior form of lifetime retirement after only two years service, but that is another issue entirely.

Most people are denied benefits and continue to be denied because of weaknesses in thier documentation and presentation. I can help you with this. I can evaluate your case and help determine why you were denied, or whether you are likely to be approved before you apply. Upon review I can prepare your case for submission or resubmission to Social Security and present it in the most favorable light thereby increasing your chances of being approved. Best of all, I take on Social Security cases for a contingent fee (small percentage of the total amount received) so it costs you nothing up front and I only get paid if you get paid. I won't charge you for the consulation either.

You've worked for years, or have been injured so you can no longer work. It doesn't make sense to be denied benefits simply because the paperwork is designed to be too complex to properly prepare without training. I'll help you obtain the benefits you deserve, and as a local attorney I'm here to assist you with the process personally. As a comprehensive law firm, I can coordinate your Social Security case with other legal matters. Please contact the office for a free consultation to discuss your options.

Announcing new website

Frank Waters — Fri, 18 Nov 2011 20:40:00 GMT

Announcing our new upgraded website designed for ease of use. We have worked with one of the best website development firms in the legal services industry to bring you a professional and well organized website far superior to our previous offerings. I invite you to check it out and puruse its' features. Additional features are coming soon.