Chester County Bankruptcy Lawyer

Chester County bankruptcy lawyer Michael T. Malarick has been a licensed attorney in the states of Pennsylvania and New Jersey for over 28 years. Over the last 28 years, Michael Malarick has helped the Chester County community through legal representation as a Chester County bankruptcy attorney. Michael provides legal representations for chapter 7 bankruptcy and chapter 13 bankruptcy. Call today to speak with our Chester County bankruptcy lawyer and get a free consultation.

Chapter 7 bankruptcy in Chester County is designed to help people deal with consumer debt. Consumer debt is credit card debt, personal loans, or medical bills and utility bills. For instance, consumer debt is debt that is not secured by a home mortgage or a car loan. Contact our Chester County chapter 7 bankruptcy lawyer today for a free consultation.

Chapter 13 bankruptcy in Chester County helps the debtor keep their secured property, such as their mortgaged home or financed automobile. Chapter 13 bankruptcy provides you a three to five year time period within which to get caught up on your home mortgage or car loan. Contact our Chester County chapter 13 bankruptcy lawyer today for a free consultation.

Chester County Bankruptcy Lawyer: What are the pre-petition and post-petition certificates needed in a bankruptcy case?

If you are a Chester County, PA resident with too much debt, you should know the difference between a Chapter 7 and a Chapter 13 bankruptcy petition. Basically, if you are overburdened with credit card debt, personal loans, or medical bills, a Chapter 7 petition will discharge these types of consumer loan debts. If you face a mortgage foreclosure or car repossession, a Chapter 13 petition will provide you time to get your mortgage, car loan or car lease current.

Whether you file a Chapter 7 or a Chapter 13 petition, a Westtown or Easttown resident, or any other citizen of Chester County, PA, will have to obtain a pre-petition credit counseling certificate. This certificate can be obtained online and is good for 180 days. The pre-petition counseling will analyze your current financial condition and may develop a plan to respond to your financial predicament without filing for bankruptcy. Your bankruptcy petition will be dismissed if you do not obtain and file the pre-petition certificate. Call our Chester County bankruptcy lawyer today for a free consultation.

Whether you file a Chapter 7 or a Chapter 13 petition, a West Goshen or East Goshen resident, or any other citizen of Chester County, PA, must also obtain a post-petition certificate in personal financial management. This certificate can also be obtained online. This post-petition debtor education course will cover topics, such as:

Budget preparation;
Money management;
The wise and effective use of credit;
Consumer Protection Laws and agencies; and
How to handle a financial emergency.

Chester County Bankruptcy Attorney Contact Info

Whether you live in Tredyffrin or Pennsbury, or any other Chester County, PA community, and have a question about either Chapter 7 or Chapter 13 bankruptcy, you should contact Michael T. Malarick, an experienced Chester County bankruptcy attorney for a free bankruptcy consultation. The Law Office of Michael T. Malarick offers a free chapter 7 bankruptcy consultation and a free chapter 13 bankruptcy consultation. Call 610-816-6683 today for your consultation or to schedule an appointment.

Other Areas of Practice

Chester County Expungement Lawyer

Chester County expungement lawyer Michael T. Malarick has been a licensed attorney in the state of Pennsylvania and New Jersey for over 27 years. Over the years, Michel Malarick has helped many residents of Chester County and West Chester as a criminal record expungement attorney. If you are looking to expunge your record for any criminal matters or DUI, contact our West Chester and Chester County expungement lawyer today for a free consultation.

In Chester County, and throughout Pennsylvania, all criminal matters are posted online. This means that your arrest date, all charges, and the disposition of those charges, are available to be seen by your employer, landlord, mortgage lender, and nosey neighbor. If you were found Not Guilty, your arrest and charges are still there to be seen. If the D.A. withdrew the charges, your arrest and charges are still there to be seen. If you pled Guilty or were found Guilty, your arrest, charges, and sentence are still there to be seen. If you were granted ARD, and successfully completed the ARD program, your arrest, charges, and sentence are still there to be seen.

If you were arrested in Chester County, PA, from Oxford to Exton to Pottstown or West Chester, contact our Chester County Expungement attorney, Michael T. Malarick, an experienced Pennsylvania expungement lawyer, for consultation and advice.

Chester County Expungement Lawyer – Can I Have An ARD Expunged From My Record?

Yes, if you have successfully completed the ARD program, you can have your record expunged. However, the expungement is not automatic. You must petition the Court and follow the procedure outlined in 234 PA Code 319, 320. Your expungement petition must be filed in the county were the arrest occurred. If you were arrested in Avondale, Brandywine, or Coatesville, and were granted and successfully completed your ARD program, your expungement petition would be filed in the Chester County Court of Common Pleas.

Chester County Criminal Record Expungement Attorney – How Do You Get Your Record Expunged?

There are four basic steps in the expungement petition process. First, obtain your PA State Police background check. This report must be dated within 60 days of filing your petition. This report must be attached to your petition. If you are seeking to expunge an ARD matter, you will also need your certificate of completion of the ARD program to be attached to the petition.

Second, file the expungement petition. The petition will have your name and other identifying information, such as, your address, aliases, and date of birth. The petition will also include the arrest date, the police department, and the assigned judge. The specific charges must also be listed with the grade of crime (summary, misdemeanor, or felony), and the disposition of the charges. A copy of the filed petition must also be provided to the D.A.

Third, obtain the signed Order. If the D.A. does not object to the expungement petition, you may get a signed Order without a court hearing. The signed Order does not mean that the record has been expunged. There is a 30 day appeal period that must pass before you can complete the expungement.

Fourth, once the 30 day appeal period has run, you will need to purchase certified copies of the signed Order. These certified Orders will be sent to the necessary agencies, including the PA State Police Central Repository, who will erase or seal your record from public view.

Chester County & West Chester Expungement Lawyer Contact Information

If you live in Downingtown, West Chester, Kennett Square, West Goshen, or any other Chester County township, contact our Chester County expungement lawyer Michael T. Malarick, for a free record expungement consultation. We are here to help the Chester County community with any DUI expungements or past criminal arrest expungements.

Other Areas of Practice

Media Divorce Attorney

Media divorce attorney Michael T. Malarick has been practicing family law in the state of Pennsylvania and New Jersey for over 25 years. Throughout this time, Michael Malarick has helped numerous couples with their divorce in Media, PA. Media divorce lawyer, Michael Malarick has represented couples who separated with no-fault divorces, fault divorce, un-contested divorce, and other family matters in Media, PA. Call our local Media divorce attorney today for a free consultation.

Media Divorce Attorney – How To Start The Divorce Process

There are three types of divorce in Pennsylvania to know about when filing for divorce in Media: No Fault, Fault, and Mutual Consent. Fault divorce can be granted to a spouse if the other spouse has committed desertion, adultery, cruel treatment, bigamy, has been imprisoned for two or more years, or committed intolerable indignities. Additionally divorce can be granted when a spouse is institutionalized for 18 months with a serious mental disorder with such confinement likely to continue an additional 18 months. Call our Media divorce attorney Michael Malarick today for a free divorce consultation.

A No-Fault, or uncontested, divorce can be granted when the complaint alleges the union is irretrievably broken and an affidavit indicates the parties have lived separate and apart for at least one year. Pennsylvania recently reduced the separation period from two years to one year in an effort to help helping families. If the other spouse contests the affidavit, a hearing in front of a Media court will decide if the parties have been separate and apart and whether the marriage is irretrievably broken. If the court determines that there is a reasonable prospect for reconciliation, the matter will be continued for 90 to 120 days for counseling between the parties. Our Media divorce lawyer can help you with a No-Fault or uncontested divorce in Media, PA.

A divorce by Mutual Consent may be granted by a Media judge when it is alleged the union is irretrievably broken and 90 days have elapsed since the divorce litigation was begun. If you and your spouse are thinking about getting a divorce with Mutual Consent, contact our Media divorce attorney today for a free consultation.

The divorce is finalized when the court in Media issues a decree of divorce. The divorce decree shall include an order determining and disposing of the property rights and interests of the parties concerning issues, such as: 1) custody, partial custody, and visitation; 2) child support; 3) alimony; 4) reasonable attorney fees and costs; and 5) incorporating agreements voluntarily entered into between the parties.

Media Divorce Lawyer – Understanding The PA Divorce Law

Separate from divorce, an Annulment can also end a void or voidable marriage. Grounds for annulment from a court in Media, PA exist where: 1) either party had an existing spouse (unless that party had a decree of presumed death of that spouse); 2) the parties were related within a specified degree of familial relationship; 3) where either party was incapable of, or did not intend to, consent to the marriage; and 4) either party to a common-law marriage was under 18 years old.

Additionally, when one spouse makes the decision to get a divorce, other important family matters, such as child care and child custody, need to be addressed. Also, making arrangements for the spouse’s and family’s financial needs is required. Alimony, or spousal support, should be concluded before the divorce is final.

Contact our Media divorce attorney today for a free divorce consultation. Michael T. Malarick will be able to answer your questions around getting a divorce in Pennsylvania and can help you when you are ready.

Related Areas of Practice

Havertown Divorce Lawyer

Havertown divorce lawyer Michael T. Malarick has been serving the Havertown community and Township as a divorce attorney for over 28 years. If you and your family are going through a separation in Havertown or need family law advice, call our Havertown divorce attorney today. The Law Office of Michael T. Malarick handles no-fault divorces, uncontested divorces, and contested divorces.

Havertown Divorce Lawyer: How is Marital Property distributed when a Havertown, PA couple divorce?

When a Havertown, PA couple divorce, their marital property is divided through equitable distribution. Equitable distribution does not necessarily mean equal or 50/50 distribution. The parties themselves can agree on the division of their marital property. If the parties cannot agree, the court will divide the property fairly according to the particular circumstance of each spouse. Some of the factors considered by the court in an equitable distribution of marital property are:

The length of the marriage;
Whether either spouse had a prior marriage;
The non-marital assets of each spouse;
The age, health, and income of each spouse;
Which spouse has custody of any children; and
The tax consequences of the equitable distribution.

For more information on divorce in Pennsylvania, call our Havertown divorce lawyer for a free consultation. Whether you agree to equitable distribution, mediate equitable distribution, or have the court decide equitable distribution, the parties must first identify their property and classify their property as marital or non-marital property. Generally, marital property is that property acquired during the marriage. Non-marital property is property acquired before marriage, after separation, or by gift or bequest during the marriage.

Next, the parties must value the property. Bank accounts can be valued by their monthly statements. Real estate should be appraised and retirement plans should be valued by a professional.

Once the marital property is identified and valued, it must be divided. The property can either be divided in kind or sold with the proceeds then distributed.

Debt is also marital property that must be identified, valued, and distributed. Our Havertown divorce attorney can help you through this situation by answering any question. Call Michael T. Malarick for a free divorce consultation.

Havertown Divorce Attorney: What happens to a Retirement Plan in a Divorce?

When a Havertown, PA couple divorce, their retirement plans are subject to distribution pursuant to a Qualified Domestic Relations Order (QDRO). A QDRO creates an alternate payee’s right to all or part of the benefits payable to a participant under a pension plan. A defined benefit plan (traditional pension plan) and a defined contribution plan (401k) are subject to a QDRO. An IRA account is not.

The first step when seeking a QDRO is to contact the retirement plan’s administrator to get a copy of your plan’s summary and statement. The plan administrator can advise whether the transfer must be stated in a dollar amount or in a percentage and whether the transfer can include all or part of the benefits.

The QDRO must contain the participant and alternate payee’s name and address and the dollar amount or percentage of benefits to be paid to the alternate payee. The QDRO may not award an amount or form of benefits that is not available under the plan.

Finally, the alternate payee may be able to roll-over the distribution and retain the tax benefits under the plan.

If you live in Havertown, PA, or any other town or borough in PA, you should contact our Havertown divorce lawyer Michael T. Malarick, Esquire, an experienced and proven divorce attorney.

Related Areas of Practice

Upper Darby DUI Lawyer

Upper Darby DUI lawyer Michael T. Malarick has been serving the Upper Darby community for over 29 years. Attorney Michael Malarick has been licensed to practice law in the state of Pennsylvania and New Jersey for over 29 years. If you were stopped while driving drunk in Upper Darby, contact our Upper Darby DUI attorney today for a free DUI and DWI consultation.

Upper Darby DUI Lawyer: What Will Happen If I Refuse To Take A Chemical Test When Stopped For DUI?

If you are pulled over on a suspicion of driving while intoxicated in Upper Darby Township, or any other township or borough in the Commonwealth of Pennsylvania, and you refuse to submit to chemical testing, you will have your driver’s license suspended for 12 t0 18 months in addition to any other penalty imposed if convicted of DUI. If you are facing DWI criminal charges, call our Upper Darby DUI attorney today for a free consultation.

Pennsylvania drivers are subject to the Implied Consent Law. This statute states that any person who operates a motor vehicle in Pennsylvania “shall be deemed to have given consent” for chemical testing to determine the BAC (blood alcohol content) or presence of a controlled substance if the police officer had reasonable grounds to believe the person was driving under the influence of alcohol or drugs. (75 Pa. C.S. 1547).

If an Upper Darby driver, or any other PA licensed driver, refuses a chemical test, PennDOT shall suspend that operator’s driver’s license for 12 months. The suspension is increased to 18 months if it is a second or more refusal or the operator had a prior DUI conviction. If you need legal help, call our Upper Darby DUI lawyer, Michael T. Malarick today.

However, this statute does place an affirmative duty on the police to inform the operator that his/her driver’s license will be suspended upon the refusal to submit to a chemical test.

This license suspension for a refusal to submit to chemical testing is in addition to any applicable license suspension for the underlying DUI charge. That is, if you refuse a chemical test and are convicted of DUI, your license suspension will run consecutively—Jan. 2, 2017 to Jan. 2, 2018 on the refusal and from Jan. 3, 2018 to Jan. 3, 2019 on the DUI conviction.

A license suspension due to a refusal to take a chemical test is mandatory – it will be imposed and it is not subject to be negotiated or plea bargained. It will not be overturned unless an appeal is filed and successful.

Upper Darby DUI Attorney

Moreover, the fact that a driver refused a chemical test may be introduced as evidence in the DUI trial. While no presumption of intoxication shall arise from the refusal evidence, the refusal evidence will be considered by the court along with all other factors concerning the charge.

If you face a license suspension due to a refusal to submit to chemical testing, or if you face a DUI charge in Upper Darby, PA, you should contact Michael T. Malarick, Esquire, an experienced DUI and Delaware County license suspension attorney serving all of Delaware County, PA.

Call our local Upper Darby DUI lawyer if you are facing criminal charges for a DWI in Upper Darby Township. As an experienced criminal defense attorney, Michael T. Malarick can help you whether this is your first DUI, second DUI, or third DUI.