Debt Negotiation

Confidential, Personalized, Discreet

There are times when the situation does not call for bankruptcy, but legal assistance is needed in resolving debts and trying to protect assets.

Malissa Giles has helped numerous clients resolve debts outside of bankruptcy through her thorough analysis and settlement skills. But be advised, this representation is more costly than filing bankruptcy and is reserved for situations where extraordinary factors are present.

Her reputation within the legal and financial community is what gives her opinions weight when proposing settlement options in lieu of bankruptcy.

Financial Divorce Analysis

Divorce and Bankruptcy

Divorce and bankruptcy often go hand in hand. Many couples facing the expenses of two separate households following a separation find that their income is simply not enough to pay the bills that are due. Combine that stress with other conflicts causing a divorce, and a couple can find little common ground in resolving their financial difficulties.

The law firm of Giles and Lambert PC is available to assist divorce attorneys and their clients in reviewing and analyzing the financial implications of a divorce.

Pre-Divorce Representation

Often it may actually be beneficial for a husband and wife to file a joint bankruptcy together, eliminating much of their debt, before asking a circuit court to determine the division of assets or of any remaining liabilities. Perhaps the elimination of debt will result in a separate agreement without the need for a contested divorce hearing.

We have helped many couples resolve financial difficulties prior to the actual divorce, making the divorce and separation process easier as it eliminates one of the major areas of conflict. We have done this while either representing one party or at times representing both parties with the consent and advice of their separate divorce counsel.

On a couple of occasions, we have even had couples reconcile when the financial stress of debts was eliminated through a bankruptcy!

Post-Divorce Representation

How support and separation agreements are treated in a divorce depends upon the language in the separation or divorce decree, and upon the potential debtor’s individual situation.

The attorneys at Giles & Lambert are experienced in evaluating this language and advising clients on how bankruptcy may help relieve them of certain obligations in the divorce decree if they find themselves unable to meet court-ordered payments.

If you find yourself unable to pay court order payments pursuant to a divorce, schedule your free consultation to find out if bankruptcy is an option to lessen this financial burden.

Consumer Issues

Mortgage Modifications

Many clients in today’s economy find it very difficult to apply for and receive a modification of their existing mortgage from their current lender. Due to the unexpected number of modification requests many lenders were woefully unprepared to process the volume of applications they received.

Consumers seeking loan modifications often have found that the lenders lose documents regularly, deny the modifications for what appears to be arbitrary reasons, delay the process unnecessarily, and often take actions that result in prejudice against the homeowner.

Applying for a mortgage modification requires attention to detail and tracking all aspects of the process. Certainly some consumers can do this themselves and are well equipped to do so. Others — if they’re a little disorganized — may find the process overwhelming.
We can help.

If you are facing problems in processing a loan modification, the law firm of Giles & Lambert offers assistance in the application process. Malissa Giles is familiar with the loan modification process, the guidelines under HAMP and other regulatory agencies, and can advise you whether representation is needed or worthwhile in your particular case.

Unlike some loan modification outfits on the Internet we won’t guarantee results. Realistically, those outfits can’t guarantee results even though they often do so.

Be careful. There are many fraudulent loan modification outfits on the Internet and soliciting through the mail that are not honest. They promise results which be delivered upon.

We will be honest with you about the likelihood of a modification based on your loan and your income. We will discuss alternatives to a modification if we believe that other avenues such as a Chapter 13 with better protect your interest. And if a loan modification is your best option we are here to help you get through that process.

Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act is a law that governs what type of actions third-party collectors may and may not take.

Has a debt collector threatened to:

• Turn your debt over to a special investigator making you think they are calling the police
• Send a garnishment to your employer immediately when the creditor has not even filed a lawsuit
• Contacted you at your work place, even though you had told them not to do so
• Contacted your family members repeatedly
• Called you repeatedly so that it constitutes harassment
• Tried to collect on debt that is beyond the Statute of Limitations (usually 3-5 years)

For more information about the fair debt collections act please see the following website:

These and other actions can be a violation of the Fair Debt Collection Practices Act and can give you right to sue the debt collector and recover money.

If you believe that you have been collected upon in violation of the FDCPA call the law firm of Giles and Lambert for a free consultation about your rights and what actions may be available to you to stop this abusive action.