Profile cover photo
Profile photo
BK Lawyers LLC
10 followers
10 followers
About
BK Lawyers LLC's posts

Post has shared content
The Grounds to Evict: Washington law specifies the circumstances under which a landlord may evict a tenant in a process, known as an “unlawful detainer action.” Sufficient grounds for eviction include:

- Failing to pay rent
- Violating the rental agreement
- Creating waste or nuisance
- Refusing to relinquish control of the property after the end of the lease term
- Allowing gang-related or other unlawful activities to take place on the leased property

The basics of the eviction process

If a tenant commits any of the above violations and continues to occupy the rental property, despite receiving an eviction notice from the landlord, the landlord may initiate suit to evict the tenant. To begin this process, the landlord is required to deliver an “Evictions Summons” and a “Complaint for Unlawful Detainer” to the tenant. These documents must be in a specific form required by law and delivered through either in-hand service to the tenant, or through a combination of service to a person at the tenant’s home and by mailing the documents to the tenant.

The tenant must either answer the summons or file a notice of appearance within the allotted two weeks’ response time, or the landlord will be awarded a default judgment. If the tenant answers, a landlord may request to hold a “show cause” hearing within one month of the date of service of the tenant, where the landlord specifies the reasons why he or she should be handed back the contested property immediately. If the landlord has successfully proven that there are no genuine issues of fact, he may be granted repossession of the property and the tenant will be evicted. If factual issues exist, a jury trial may be scheduled.

If you are a property owner struggling with a tenant who is violating the terms of your rental agreement, the attorneys BK Lawyers LLC can help you determine your rights and responsibilities under residential eviction or commercial eviction law and get your property back. Contact us to schedule your free initial consultation.

#SeattleLandlordTenantLawyers #EvictionLaw #ViolatingRentalAgreement
http://www.dclglawyers.com/law-practice/evictions-easements-deed-transfers
If you are a property owner struggling with a tenant who is violating the terms of your rental agreement, know your rights and responsibilities under residential eviction or commercial eviction law and get your property back.

Post has shared content
What is Lien Stripping and Will it Work for You? Lien stripping is a debt-relief strategy available primarily in Chapter 13 bankruptcies whereby junior liens on your property, provided they are wholly unsecured, are eliminated. Junior liens include any loans taken on a piece of property in addition to your first mortgage. Most typically, junior liens are second or third mortgages, home equity loans, or home equity lines of credit (“HELOCs”).

These types of junior liens are considered wholly unsecured if the equity available in your property fails to cover any portion of the junior lien amount. As a result, even if the junior lien was initially guaranteed (or “secured”) by the real estate’s value, if it is determined that the available property equity is only sufficient to cover the first mortgage, all junior liens will be “stripped,” transforming the previously secured debt into unsecured debt. In Washington State, lien stripping is usually done in an adversarial proceeding, where a petition is filed against the lender.

What happens to a junior lien after it is stripped?

Once a junior lien on a property is stripped, it will be handled in the same manner as unsecured debts in a bankruptcy (for example, credit card debt). The lender will typically receive a small amount or nothing at all for the outstanding debt, which will be discharged at the end of the Chapter 13 proceedings and successful completion of the three- to five-year Chapter 13 plan. Following discharge, any stripped lien lender must remove its lien from your property.

Will lien stripping work for you?

To determine if lien stripping is a viable solution for you, it is necessary to evaluate your home’s current worth as compared to the total amounts owed on your outstanding debts. For example, if your home is presently worth $150,000, and your first mortgage has $160,000 outstanding, because the first mortgage’s outstanding debt amount exceeds the home value, all subsequent junior liens will be stripped.

The veteran bankruptcy attorneys at BK Lawyers LLC can help you evaluate if lien stripping is an appropriate form of debt relief for your individual circumstances, and if so, aggressively pursue this relief on your behalf in the courtroom. Contact us to schedule your free initial consultation.

#SeattleBankruptcyAttorneys #LienStripping #Chapter13Bankruptcy
http://www.dclglawyers.com/law-practice/bankruptcy
To determine if lien stripping is a viable solution for you, it is necessary to evaluate your home’s current worth as compared to the total amounts owed on your outstanding debts.

Post has shared content
The Sooner You File, The Better: In 2012, there were nearly 29,000 bankruptcy petitions filed in the two federal bankruptcy courts located in Washington.  When filing for bankruptcy, time is of the essence, and it is to your advantage to file as soon as possible once you have reached the decision.

Regardless of the type of bankruptcy application you file, the act of filing can bring you immediate relief from creditors in the form of an "automatic stay." An automatic stay is a type of injunction that grants you the following types of protections from the moment your bankruptcy petition is filed:

- Halting creditors in their tracks, as they are prevented from contacting you regarding outstanding debts
- Temporarily stopping foreclosure proceedings protecting your wages from garnishment, with certain exceptions for child support, alimony, certain tax proceedings, etc.
- Preventing automobile repossession, unless your lender obtains permission from the court
- Stopping creditor harassment

Immediately after you have filed for bankruptcy — whether Chapter 7, 11 or 13 — the federal Bankruptcy Court will send a Notice of Commencement to all the creditors listed in your bankruptcy petition, notifying them that you have filed for bankruptcy and ordering them to cease their collection efforts immediately. Once they receive this notice, creditors may no longer contact you to request payment — either in person or on the telephone — without seeking the bankruptcy court’s specific permission. The court may lift the stay in cases of debts held by secured creditors or non-secured debt that is generally excluded from bankruptcy proceedings, such as child support and alimony.

Although bankruptcy is an effective way to stop creditor harassment, it is important to remember that filing for bankruptcy may affect your credit for several years.

If you feel overwhelmed by collection notices or are being harassed by creditors, a bankruptcy attorney can help you evaluate if bankruptcy is right for you.  We at BK Lawyers LLC are available to help you determine if bankruptcy is the appropriate solution for your debt management issues. Contact us to schedule your free initial consultation.

#SeattleBankruptcyAttorneys #AutomaticStay #CreditorHarassment
http://www.dclglawyers.com/law-practice/bankruptcy
Regardless of the type of bankruptcy application you file, the act of filing can bring you immediate relief from creditors in the form of an automatic stay.

Post has shared content
Legal Employment Status in the United States: Federal immigration law requires all foreign workers to obtain authorization to work legally in the United States. There are several categories of work authorizations available, depending on whether your presence in the country is permanent (“immigrant status”) or temporary (“nonimmigrant status”). Each employment authorization category has specific eligibility requirements and conditions, as well as periods of authorized presence in the United States Violating any of the terms of your work authorization, or working without this authorization, may result in your removal from the United States or the blocking of re-entry into the country.

Types of employment authorizations

Federal law provides for the following types of work authorizations:

Temporary Worker ― This employment status is available to nonimmigrants seeking to enter the United States temporarily for a specific purpose and wishing to seek employment while in the country temporarily. This employment authorization is restricted to a specific reason or activity for which the nonimmigrant visa was originally issued.

Permanent Worker ― Any immigrant who is authorized to live and work permanently in the United States.

Students and Exchange Visitors ― International students and visitors may be permitted to work in the United States if they obtain the required permission from an authorized official at their educational institution.

Asylees, Refugees, Permanent Residents ― Individuals holding these types of immigration status may receive employment authorization automatically.

Temporary Business Visitor ― To conduct a business visit in the United States, you will require a visa as a temporary visitor for business (B-1 visa) unless you otherwise qualify for admission.

Working without proper authorization risks serious consequences such as removal or prevention of future entry into the country. If you wish to seek employment or conduct business activities in the United States on either a permanent or temporary basis, contact the immigration attorneys at BK Lawyers LLC for your free initial consultation about the types of available work authorizations which will best suit your needs.

#SeattleImmigrationLawAttorneys #LegalEmployment #WorkAuthorizations
http://www.dclglawyers.com/law-practice/immigration-and-citizenship-law
There are several categories of work authorizations available, depending on whether your presence in the country is permanent (“immigrant status”) or temporary (“nonimmigrant status”).

Post has shared content
Buyer Beware: Common Mortgage Scams Targeting Washington Homeowners in Financial Distress: When facing financial distress that places your home at risk, many homeowners may understandably be tempted by loan modification, short sale, or foreclosure rescue offers that may seem too good to be true. Every mortgage holder, even if not currently facing financial trouble, should be aware of the scam artists that are targeting Washington property owners.

Following the nationwide mortgage crisis in recent years, several types of mortgage fraud scams have sprung up nationwide, whereby illegitimate companies or scam artists have commandeered otherwise legitimate loan modification and foreclosure-avoidance tools:

Loan modifications

In a loan modification, a company or broker will typically approach the mortgage holder offering to renegotiate the terms of the mortgage on his or her behalf opposite the lender.  Some companies demand money up front, but never contact the mortgage holder. Your only remedy is a private lawsuit.

Foreclosure rescue

Foreclosure rescue schemes can take many forms, including:

- Phony Counseling. If your house is placed in foreclosure, an individual or company may approach you and try to hurry the foreclosure process or offer you foreclosure counseling services for a fee — these so-called “counseling agencies” are often offering services that are available for free
- Equity Skimming. An additional foreclosure rescue scheme, known as “equity skimming,” is where an alleged “buyer” approaches you and offers to pay off your mortgage or give you a percentage of the funds received when the property is finally sold — the buyer agrees to lease the home back to you, allowing you to remain in your home while you pay rent, but then fails to make the required mortgage payments causing the lender to ultimately foreclose on the property

Short sale

A short sale is a type of real estate transaction where the sale price of a home is insufficient to repay the outstanding debt remaining on the home mortgage plus the costs of selling the property, and the selling homeowner is unable to pay the difference in price. The mortgage lender must agree to the transaction terms, but it is important to remember that a short sale does not necessarily imply that the creditor will relieve you of your responsibility for any unpaid difference, interest or penalties. Beware of predatory agencies offering “short sales” as the solution to your mortgage woes.

If you are facing foreclosure and have received an offer to save your home that seems just too good to be true, our bankruptcy attorneys at BK Lawyers LLC, can help you determine if the proposal is legitimate before you sign any documentation. Contact us today to schedule your free initial consultation.

#SeattleBankruptcyLawyers #MortgageScams #Foreclosure
http://www.dclglawyers.com/law-practice/bankruptcy
Following the nationwide mortgage crisis in recent years, several types of mortgage fraud scams have sprung up nationwide, whereby illegitimate companies or scam artists have commandeered otherwise legitimate loan modification and foreclosure-avoidance tools.

Post has shared content
Will my Bank Account Balances Affect my Eligibility for Bankruptcy? Federal law allows individuals who are struggling with paying their debts to file for bankruptcy in order to obtain relief. Several types of bankruptcy petitions exist for individuals. However, the majority of petitions filed by individuals are pursuant to Chapter 7 and Chapter 13.

Many potential bankruptcy filers mistakenly believe that having any sum of money in a bank or savings account will make one ineligible for bankruptcy. Your current income influences what type of bankruptcy petition you may qualify for under the "means test," but will unlikely be an outright bar to filing.

Federal law requires debtors petitioning for most types of bankruptcy to submit several declarations, or “schedules,” with information regarding their financial affairs, including bank account balances. The bankruptcy trustee evaluates these schedules to determine how much of your funds and other assets will be used to discharge debts versus how much maybe exempt and remain in your possession. It is imperative that this documentation be filed accurately and on time because a failure to list property or assets can result in the debt not being discharged or even criminal penalties.

The means test

The means test is used to evaluate how a debtor’s income and assets compare to the median income in his or her state of residency. If your income is below the state median income, you automatically qualify to file for Chapter 7 bankruptcy, a form of bankruptcy where the majority of your debts are liquidated or discharged. If your income exceeds the state’s median income, the second part of the means test determines whether or not you have enough assets remaining, after the deduction of certain permitted expenses, to repay any of your debt. If your remaining, or “disposable,” income is higher than the permitted amount, you may not be able to file for Chapter 7 bankruptcy and may be qualified to file under Chapter 13 instead.   

Bankruptcy exemptions

Both federal and Washington state law provide debtors filing for bankruptcy with certain exemptions regarding their financial assets and personal property. The financial assets exemption in Washington state currently allows debtors a personal earnings “wildcard” exemption of up to $3,000, of which no more than $1,500 may consist of cash, bank deposits, stocks, bonds, or securities. You may also qualify for additional federal exemptions for your home, vehicle, or other personal property.

In both Chapter 7 and Chapter 13 bankruptcies, a debtor is allowed to retain a certain amount of assets as exemptions under federal or state law. In Chapter 7 bankruptcy, exempt assets may not be liquidated and used to pay off debts. Once the bankruptcy is completed, the debtor is allowed to start accumulating funds in his or her financial accounts once again. Chapter 13 debtors, by contrast, do not have any limit to the amount of money they can keep in a bank account after filing, but any asset which exceeds the legally permitted exemption may be used to determine how much the debtor must pay to unsecured creditors in order to have a reorganization plan approved.

The bankruptcy attorneys at BK Lawyers LLC are available to help you prepare an accurate statement of your accounts in order to protect as many assets as possible. Contact us to schedule your free initial consultation.

#SeattleBankruptcyLawyers #MeansTest #BankruptcyExemptions
http://www.dclglawyers.com/law-practice/bankruptcy
Many potential bankruptcy filers mistakenly believe that having any sum of money in a bank or savings account will make one ineligible for bankruptcy.

Post has shared content
Fight Deportation Threats: Federal law defines “removal,” commonly known as deportation, as the process by which the government seeks to remove an individual from the United States for a reason specified by federal immigration law. Federal law specifies the reasons for which an alien, or non-citizen, is removable. Several common examples include:

- Entering the United States without proper authorization ― This is known as being “inadmissible at time of entry”
- Presence in violation of the law ― This may include overstaying one’s tourist or other visa
- Violating the terms of legal immigration status ― For example, working without a proper work authorization despite having legal status to be in the United States
- Being convicted of a crime
- Becoming a public charge ― Becoming dependent on public benefits, within the first five years following arrival in the United States

The removal process

The removal process begins upon receipt of a “Notice of Intent” from U.S. Citizenship and Immigration Services (“USCIS”), in what is known as an “expedited process.” The notice will specify the reason for removal, and you will have between ten to thirteen calendar days to reply to the notice. You are entitled to rebut the government’s allegations regarding your eligibility for removal in your reply, and you must enclose documentation proving your defense. If there is a question of material fact regarding your status arising from your rebuttal, the USCIS Service Officer may transfer the case to an immigration judge. You will then receive a “Notice to Appear” in immigration court, and a hearing will be held.  These proceedings are administrative, not criminal cases, and as such, no lawyer will be appointed to represent you by the U.S. government. Nevertheless, you have the right to engage your own attorney. There are a number of potential waivers to removal that you may qualify for depending on your particular immigration circumstances that may help you stay in the U.S.

If you or a loved one is facing removal, time is of the essence to determine whether you qualify for a waiver that could potentially halt the removal proceedings. The immigration attorneys at BK Lawyers LLC will thoroughly evaluate the circumstances of your or your loved one’s entry and stay in the United States to identify any potential waivers to removal. Contact us to schedule your free initial consultation.

#WashingtonImmigrationLawyers #Deportation #RemovalProcess
http://www.dclglawyers.com/law-practice/immigration-and-citizenship-law
There are a number of potential waivers to removal that you may qualify for depending on your particular immigration circumstances that may help you stay in the U.S.

Post has shared content
Loan Modifications: Benefit or Burden? When facing the prospect of losing their homes to foreclosure, many homeowners across Washington State desperately fasten upon almost any solution that promises to help them avoid foreclosure. A loan modification that changes one or more of the mortgage terms and makes payments more manageable for the debtor is a tempting option.

Nevertheless, research shows that many people who obtain loan modifications wind up defaulting on their loan later on. In addition, unfortunately, in recent years, scam artists have been taking advantage of mortgage debtors, promising that they will be able to save their homes, but all too often, leaving the borrower worse off. A bankruptcy attorney can help counsel you regarding loan modifications and how to locate a legitimate provider of this tool that may help you avoid foreclosure.

Loan modification basics

A loan modification is a permanent change in one or more mortgage terms, permitting the loan to be reinstated and offers the borrower a new, reduced monthly payment that he or she can afford. The federal Home Affordable Modification Program allows borrowers to modify their home loans if they fulfill the following requirements:

- Outstanding Mortgage Debt Less Than or Equal to:
     - $729,750 for a single-family home
     - $934,200 for a 2-unit property
     - $1,129,250 for a 3-unit property
     - $1,403,400 for a 4-unit property
- Experiencing Financial Hardship
- Mortgage Issued Before January 1, 2009

In addition, there are several private home loan modification programs that are intended to help borrowers achieve a more manageable monthly payment.

How can I protect myself from fraudulent modification providers?

There are several steps you can take to protect yourself from fraudulent loan modification providers. First, consult with an attorney to approach your bank directly in order to try to negotiate a modification. If you are considering a loan modification with a third-party broker or brokerage company, be sure to verify they are licensed in compliance with Washington’s Mortgage Broker Practices Act and the Consumer Loan Act. If the broker or company is licensed in another state, be sure to verify this with that state’s regulatory offices. Protect your financial assets by refusing any requests by a loan modification company to have direct access to your bank accounts or credit cards. As with any legal transaction, make sure to do your research and compare options, as well as review all paperwork prior to signing any documentation.

BK Lawyers LLC bankruptcy attorneys understand that the prospect of losing your home can be overwhelming. We are committed to helping you explore legitimate loan modification options that may help you keep your home. Contact us to schedule your free initial consultation to discuss loan modification possibilities.

#SeattleBankruptcyAttorneys #LoanModifications #Mortgage
www.dclglawyers.com/law-practice/bankruptcy
A bankruptcy attorney can help counsel you regarding loan modifications and how to locate a legitimate provider of this tool that may help you avoid foreclosure.

Post has shared content
Bankruptcy Facts You Might Not Know: In 2012, more than 1.2 million bankruptcy petitions were filed by both individuals and businesses across the nation. If you are facing mounting bills and are contemplating filing for bankruptcy in order to obtain debt relief, it is crucial that you obtain accurate information regarding the process, and it is recommended to consult with an attorney to evaluate whether bankruptcy is right for you.

Debtors are often hesitant to file for bankruptcy due to a lack of information or based on several common bankruptcy misperceptions:

Ability to own property

Though many debtors believe they will be prevented from owning anything for a period of time following filing for bankruptcy, this is a misperception. A debtor is allowed to keep all property specified as "exempt" by state or federal law.

Protection of retirement accounts

Despite the commonly-held view that filing for bankruptcy will lead to the loss of retirement funds, a special exemption in federal bankruptcy law protects funds held in ERISA qualified pension plans ― and IRAs with certain limitations.

Court attendance requirement

Debtors are often fearful that they will have to attend lengthy bankruptcy court proceedings. However, a bankruptcy petitioner is typically only required to attend a brief “meeting of creditors” proceeding where he or she meets with the bankruptcy trustee and any creditor who opts to attend.  In Chapter 13 proceedings, a petitioner may be required to attend a hearing for review of the proposed reorganization plan.

Bankruptcy eliminates all debt

Bankruptcy is often an excellent solution for certain debtors; however, it does not cure all debts. Certain “secured” creditors who have a mortgage or lien on property for loan collateral purposes remain collectable, as do child support, student loans and other types of debt specified in federal bankruptcy law.

These and many other common misconceptions often confuse debtors nationwide who are contemplating bankruptcy. The qualified bankruptcy attorneys can answer your bankruptcy-related questions to help determine if this is the right option for you. Contact the attorneys at BK Lawyers LLC for your free initial consultation.

#WashingtonBankruptcyLawyers www.dclglawyers.com/law-practice/bankruptcy
Debtors are often hesitant to file for bankruptcy due to a lack of information or based on several common bankruptcy misperceptions.

Post has shared content
How to Get a Student Visa: In 2012, more than 500,000 F-1 student visas were issued to citizens of foreign countries wishing to study in the United States.  Any foreign citizen wishing to enroll in a private elementary school, high school, college or university, or a seminary, conservatory, or other academic institution will need to apply for a student visa. Once you are accepted to an educational program recognized by the Student and Exchange Visitor Program, you can complete the rest of the application process at the U.S. embassy or consulate in your country of residence.

Application process

Following your acceptance to a U.S. educational institution, you will have to complete the online nonimmigrant visa application, pay the non-refundable application fee, and provide a current photo. If you are between the ages of 14 and 79, you will most likely be required to attend an interview at the U.S. consulate or embassy in your country of residence. You will need to assemble the following documentation prior to your visa interview:

- Passport, valid for at least six months past your intended period of stay in the U.S.
- Non-Immigrant Visa Application with proof of payment (Form DS-160) - Certificate of Eligibility for Non-Immigrant Student Status (Form I-20)

You may also be required to provide proof of your academic qualifications, your intent to leave the U.S. following completion of your studies, and proof of income sufficient to support yourself in the U.S. during your studies. Once your visa is approved, you may have to pay a visa issuance fee, depending on your country of citizenship.

Following your acceptance into an approved educational program, it is crucial to act quickly to file for your student visa as there are varying wait times in each interviewing consulate and embassy based on visa categories and other factors. Contact the immigration attorneys at BK Lawyers LLC for your free initial consultation on your student visa immigration matter.
Any foreign citizen wishing to enroll in a private elementary school, high school, college or university, or a seminary, conservatory, or other academic institution will need to apply for a student visa.
Wait while more posts are being loaded