Christmas Cheer

Everyone at the law firm of Gaines & Associates, P.C. hopes that you are enjoying this holiday season! This time of year we reflect on our blessings from God, and how we can share our blessings with others.

            In the spirit of Christmas,  our law firm is sponsoring a family in need for Christmas. The family that we are sponsoring this year consists of a local Atlanta grandmother and her grandchildren who have fallen on some hard times. This grandmother was widowed a few years ago, and took on this enormous task of raising her two special needs grandchildren and their sibling. She works tirelessly and sacrifices daily for these three children in order to prevent them from going into foster care and being separated. Our firm would love to help them out this holiday season with your help.

 Our office will be accepting monetary donations as well as girls’ and boys’ toys, clothes, food, and more. Trinity is age 7 and she wears a size 10, Trey is age 7 and he wears a size 8 and Joseph is age 10 and wears a size 12-14. The children like to play with Legos, trucks, dolls and Wii games. We will be collecting these donations by drop offs at our office or you can send a donation to our address during the whole week of December 16, 2013 through December 20, 2013. The address to drop off or send these donations is:

                                                                    1580 Phoenix Blvd. 

                                                                    Ste. 275

                                                                    Atlanta, GA 30349

 If you can drop off, or send any donation, please wrap it for the children to open up on Christmas morning!

           

            Thank you for helping our firm bless this family this Christmas. Happy holidays and Merry Christmas from everyone here at the Law Firm of Gaines & Associates, P.C.

           

Power of Attorney

A power of attorney is a document that allows one person (the principal) to grant another trusted individual (the agent) to act as an agent on his or her behalf in making certain decisions. There are different types of power of attorney appointments that can deal with making general decisions or limited decisions. A power of attorney can be revoked at any time, but is terminated upon the incapacitation or death of the principal.

A special type of power of attorney is a durable power of attorney. A durable power of attorney allows for the relationship between the principal and the agent to remain in effect even if the principal becomes incapacitated.

There are two types of durable power of attorney, immediate and springing. Immediate takes effect as soon as the principal grants the power of attorney to the agent. The springing takes effect once a specific event occurs, such as a disability of the principal.

A general power of attorney allows the appointed agent to handle the principal’s affairs for a certain amount of time. These decisions can include, buying and selling property, handling bank transactions, file tax returns, entering into contracts, entering into security boxes and settling claims.

A limited power of attorney allows the agent to act on behalf of the principal in specific situations. Similar powers are granted as with a general power of attorney but in addition a limited power of attorney can, sell personal property, collect debts, sell, manage, mortgage property, and borrow money.

A health care power of attorney allows the agent to make health care decisions on behalf of the principal, if the principal is unconscious, mentally incompetent or unable to make decisions on their own.

If you or your loved ones need help with certain aspects of their daily lives please call our office to learn more about granting a power of attorney. (678)-735-5487

Wills: “Show Your Family How Thankful You Are For Them”

Thanksgiving is just around the corner and here at the Law Firm of Gaines & Associates, P.C. we want to wish everyone a Happy Thanksgiving.

Thanksgiving is a time to reflect on all the wonderful people in your life. Our firm is so thankful for all our clientele and being able to use our legal services to make a difference in your lives.

One thing we like to remind everyone about this time of year is creating an estate plan for yourself and executing a will is one vital step in the estate planning process. Completing a will is one of the most important things you can do for your loved ones. It is generally a very easy and simple process that gives you the peace of mind that your loved ones, whom you are so thankful for, are going to be taken care of if you are no longer here with them.

A will is a document that legally declares your wishes about what happens to your property, and in some cases your minor children, after your death. A will ensures that family, friends, or charities receive your property according to your wishes. For parents with minor children, you can also name a guardian and conservator in your will to care for your child and manage property on his/her behalf in the event of your death. A will is for everyone regardless of how many assets you have or do not have. If you are reading this right now, you need a will! You cannot assume that your wishes will be carried out how you expect or that your assets will automatically pass on to the correct recipient.

If one passes without a will (which is called dying “intestate”) then the assets are distributed and children are cared for according to state laws. You do not want to leave this crucial matter up to a government that knows nothing about you or your family’s needs. Ensuring that the person you want receives your assets is only guaranteed by having a Last Will and Testament in place.

For this holiday season think about putting a will in place and be comforted by the peace of mind that you control what will happen with your possessions. Our firm’s estate planning services are very affordable and are personalized to your needs and desires.

If you have questions about wills and our other estate planning services please give our office a call at (678)-735-5487, and let Gaines & Associates help take care of the people you are thankful for this holiday season.

Truth about Loan Modifications

 

Loan modifications are when mortgage agreements are modified to help homeowners lower their monthly mortgage payments, and stay in their homes. At the Law Firm of Gaines & Associates, we work hard to keep our clients in their homes. We do not stop trying to obtain loan modifications from the banks on behalf of our clients.

In 2009 the U.S. government passed the Financial Stability Act and the Making Homes Affordable Program or HAMP emerged from this act. The HAMP program is set up to help millions of homeowners keep their homes and stay out of foreclosure by working with banks to lower homeowners mortgage payments.

 The HAMP program is still in effect, even though there were reports stating that the government is about to terminate the program. We encourage all homeowners who are struggling with making their monthly mortgage payments to inquire about loan modifications.

Obtaining a loan modification can be difficult on your own because it is time consuming. Loan servicing companies ask for multiple documents from the borrower, and if you do not have time to call the mortgage lender constantly, your loan modification can fall by the waste side.

Our office is more than familiar with the requirements for HAMP and we have successfully obtained over 200 loan modifications since 2009. If you are behind on your mortgage payments please give our office a call so we can assist you in making the right decisions. (678)-735-5487

Visit our website for information regarding loan modifications and assistance.

www.thegainesfirm.com

Holidays and Bankruptcy

   The holiday season is almost upon us and soon will come the new year. Everyone here at Gaines & Associates, P.C. would like to wish you a happy and safe holiday season.
   During the holiday season many potential clients like to put their personal debt issues to the side and just enjoy the time with their families, and rightfully so. Being with loved ones through the holidays can help many people become less stressed in areas such as debt.
   In January and February many people want to start fresh, and that includes wiping out their past debts. Our firm wants to inform you about some holiday credit card behaviors that can lead to some harmful affects on filing bankruptcy. The most notable pitfall is known as a "credit card binge." Credit card binging is when a person racks up large amounts of credit card purchases and then a few months later tries to discharge the debts with bankruptcy. This happens most around the holiday season due to many clients wanting their family members to have a "great" Christmas.
Credit card binging is addressed in the bankruptcy code Section 523(a)(2)(C) states that:

1.  consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services (luxury goods defined as goods or services reasonably not necessary for the support or maintenance of the debtor or a dependent of the debtor) incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and
2. cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be non dischargeable.

    This holiday season be aware of your spending habits if you are considering filing bankruptcy in the new year. If you have more questions about this topic please call our office. One of our attorneys will be happy to answer any questions!

(678)-735-5487

Bankruptcy

As America tries to overcome the recession that affected so many people negatively, there are still some people who are struggling, and cannot keep their heads above water.
Filing bankruptcy is not a bad thing, and quite contrary to belief, filing bankruptcy can actually help your credit score.
Credit scores are affected by all the credit accounts that are opened under a persons name, the number of times a person runs their credit, delinquent payments on credits and the non-payments on credits.
By filing bankruptcy, all the credits are wiped out, which means all the late payments are wiped clean, so you start brand new. Someone who has a bad score such as 650 can come out of bankruptcy with a better score of 700, and YES, you still can obtain more credit, such as a car loan.
The main Chapters of Bankruptcy that our firm handles are Chapter 7 and Chapter 13. Chapter 7 is for people who do not make a lot of money, and may not hold many assets. Chapter 13 is for people who make more than a certain amount of money, but still find themselves struggling.
The Law Firm of Gaines & Associates P.C. offers free 30 minute consultations over the phone for anyone wanting to know more about bankruptcy and which Chapter you qualify for. Give us a call (678)-735-5487, what have you got to lose?

Social Media

The Law Firm of Gaines & Associates, P.C. is looking to jump feet first into social media. Please check us out on Twitter at: @GainesLaw and Like us on Facebook: Facebook.com/gaines&associatesp.c. 

Also, check out our updated website at: www.thegainesfirm.com!

Introduction

Gaines & Associates, P.C. is a law firm located in Atlanta, Georgia. The firm represents clients all over the state of Georgia and metro Atlanta.  

We excel in the resolution of legal issues including:

• Bankruptcy and Debt Relief
• Real Estate Transactions and Loan Modifications
• Probate & Estate Planning
• Small Business Law

Our commitment to excellence has gained us the respect of our clients and others within the legal field.  We try to give enthusiastic and excellent representation for our clients.  Unlike large firms, we are able to get to know each person and their unique situation.

Our mission is to provide quality, professional representation with individual and personal attention to every client.  We have a record of securing successful resolutions for our clients.

We are available to meet with you evenings or weekends by appointment if your situation is urgent.

The Gaines Firm