Brown Jerome Atty

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Brown & Johnson ATTYS AT LAW

Brownjohnsonattys

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Child Custody Attorneys, Attorneys, Bankruptcy Law Attorneys, Divorce Attorneys, Family Law Attorneys

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Phone: (361) 579-6700

Address: 121 S Main St, Victoria, TX 77901

Brown Jerome Atty

Family Law

Divorce
Child Support
The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7. 11 U.S.C. ? 1325. In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. ? 1325(b)(2)(A) and (B). The "applicable commitment period" depends on the debtor's current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size - and five years if the current monthly income is greater than a family of the same size. 11 U.S.C. ? 1325(d). The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.
Child Custody and Visitation
Spousal Support
Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. Under chapter 12, debtors propose a repayment plan to make installments to creditors over three to five years. Generally, the plan must provide for payments over three years unless the court approves a longer period "for cause." But unless the plan proposes to pay 100% of domestic support claims (i.e., child support and alimony) if any exist, it must be for five years and must include all of the debtor's disposable income. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. ? 1222(b)-(c).

Criminal Law

Fraud
BEWARE OF "TAX RELIEF COMPANIES". You may have seen so-called "tax relief companies" that advertise on TV claiming that they can "settle your tax debts for pennies on the dollar". DON'T YOU BELIEVE THEM!!!! Many of these companies are in bankruptcy and/or are being sued by their customers and governmental agencies for consumer fraud and theft. Those companies and others have thousands of complaints filed against them with the Better Business Bureau because they took their client's money and didn't provide any or provided only a few of the services they promised. In fact, we've had a number of customers of these "tax relief companies" come to us for assistance after they were duped by these companies. Don't waste your time or money with them.
Theft
Embezzlement
Certain categories of debts are not discharged in chapter 12 proceedings. 11 U.S.C. ? 1228(a). Those categories include debts for alimony and child support; money obtained through filing false financial statements; debts for willful and malicious injury to person or property; debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated; and debts from fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny. The bankruptcy law regarding the scope of a chapter 12 discharge is complex, however, and debtors should consult competent legal counsel in this regard prior to filing. Those debts that will not be discharged should be paid in full under a plan. With respect to secured obligations, those debts may be paid beyond the end of the plan payment period and, accordingly, are not discharged.

Business and Corporate Law

Limited Liability Companies
2. FORMATION OF BUSINESS ORGANIZATIONS - Legal entities such as corporations, limited partnerships (including family Limited partnerships) and limited liability companies (LLCs) will help protect your personal assets from business liability. As long as you capitalize and operate your company properly, you have substantial asset protection afforded by business organization laws. We both form and maintain these legal entities for clients.

Health Law

Personal Injury
1. MAXIMIZATION OF EXEMPTIONS - One of the best methods to protect client assets is through the use of maximizing a client's exempt property (property protected from general unsecured creditors, such as personal injury claimants). This includes the protection of client assets through the use of the homestead exemption and the maximization of other exempt property, such as life insurance policies and retirement accounts. Many of our competitors may understand state exemptions, but they do not know about exempting property in the case of a bankruptcy. Our knowledge of both state and federal exemptions and the use of such exemptions in and outside of a bankruptcy context gives us a distinct advantage over our competitors in the asset protection planning arena.

Trusts and Estates

Estate Planning
3. ESTATE PLANNING - Proper estate planning, through the use of wills, trusts and other legal instruments can be used to protect your assets, from both present and future creditors. This will ensure that your assets will go to the persons you desire to receive them.
Wills

Finance Law

Bankruptcy
Let's face it, if you had a serious medical condition, wouldn't you want a physician who is a board certified specialist in that area of medicine to treat you instead of a general practitioner - Certainly, you would choose the board certified specialist! Likewise, in a bankruptcy case, which is a highly specialized area of the law often involving complicated legal issues, you should entrust your financial future or that of your business to an attorney who is a board certified specialist in bankruptcy law.
Foreclosure
You are busy. Preoccupied with work. Agitated by creditors calling on the phone and harassing you for money you don't have. You may be facing a home foreclosure or your business is not making money. You'd pay if you had the money.
Tax Law
At The Brown Law Firm, we are in a unique position to represent you in connection with your delinquent tax debt issues, either inside or outside of bankruptcy. We handle all kinds of tax issues, whether they are federal, state or local taxes. Brown's experience in the handling of bankruptcy cases, makes for a winning team to help you alleviate your tax problems.
Debt Collection
There is no "magic" in paying off tax debts. The above-stated programs are the only four ways of relief from the IRS's aggressive debt collection tactics, without going to court to obtain a determination of your tax liability. If The Brown Law Firm cannot obtain a suitable settlement for you through one of these programs, then it is possible to have us represent you in federal court for a determination of your tax liability. In some cases you may have the bankruptcy court determine your tax liability and/or discharge your tax debts through bankruptcy.

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