Top Arbitration and Mediation Services in Houston, TX 77001
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Martin Thomas A
By Anonymous September 27, 2014
He always returns phone calls. His secretary seems to know my case and always is very patient with my questions. ...read more
Fran Brochstein, Mediator & Attorney
By Irvingurl April 03, 2014
Fran reached out to me on a legal site for free legal advice after I had lost my representation in a case that was still brewing. She was warm, insightful, and full of information on how I should proceed, and very professional in her manner. I would definitely recommend Fran for mediation, and/or attorney services! She truly does care about the people, in a world where our attorneys have mostly become numb to the feelings of their clients. Thank you, Fran, for your support during such a difficult time! ...read more
Fran Brochstein, Mediator & Attorney
By Drogo July 23, 2013
Fran Brochstein is an absolute miracle worker!! My daughter is being sued for divorce by her husband and he filed for divorce some 300 miles away. We were very concerned as my daughter had not had time to retain an attorney and would be pro se against a seasoned attorney. Thanks to Ms. Brochstein, her expert knowledge and advice the case will now be heard in my daughter's county! Ms. Brochstein was easy to contact via her cell phone and responded to me (someone she had never met) very promptly. She listened very closely to the issues at hand and spent quite a long time on the phone with me. She is very knowledgeable and the issues that she raised were absolutely accurate thus the judge granted the motion/order that my daughter presented. If I were to rate Ms. Brochstein she would score a 10 out of 10 in every category. In my book, she is a life saver!!!! Thank you Ms. Brochstein, we will never forget you! ...read more
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A Few Reasons To Consider Filing Bankruptcy:
Home Foreclosure.Home foreclosure is perhaps the number one reason people need to file bankruptcy these days. If you are behind in your mortgage payments and have received notice from your mortgage company of an imminent foreclosure, or believe that you will be receiving notice in the future, you should strongly consider filing a chapter 13 bankruptcy. If you file a Chapter 13 bankruptcy before a home foreclosure occurs, the bankruptcy laws will permit you to stop the foreclosure. It will allow you to propose a plan which will catch up on the overdue mortgage payments while you pay your current mortgage payments. When you successfully complete the chapter 13 plan, you will be entirely current on your mortgage payments and willno longer be in peril of losing your home in a foreclosure.Automobile Repossession.If you are behind in your monthly automobile payments and are in peril of having your automobile repossessed, you should strongly consider filing a chapter 13 bankruptcy. Even if your automobile has already been repossessed, if you act quickly, you may be able to have the automobile returned to you by filing a Chapter 13 bankruptcy. It will allow you to propose a plan which will allow you to purchase your automobile through the chapter 13 bankruptcy. Often, the chapter 13 plan will permit you to purchase the vehicle for a significantly lower interest rate than on your finance agreement. Even better, if you have owned the automobile for a sufficiently long time before filing, you may be able to purchase the vehicle for a lot less than your payoff balance. When you successfully complete the chapter 13 plan, you will own your automobile free and clear.IRS Taxes.If you owe IRS taxes, you may consider filing a Chapter 13 bankruptcy to resolve the tax issues. If the tax debt is for liability that was incurred several years ago, it may be a general unsecured debt and you may be able to discharge the vast majority of the debt by paying pennies on the dollar. For recently incurred IRS debt which is what is known as priority unsecured debt, you will have to pay back the amount owed, but at zero percent interest and penalties. Therefore, Chapter 13 bankruptcies are an excellent means of resolving IRS debt.Homeowners Associations.If you are behind in your homeowners’ association assessments and it has threatened to sue you to collect, you consider filing a chapter 13 bankruptcy. The bankruptcy laws will permit you to pay the delinquent homeowner assessments back through a chapter 13. It will allow you to propose a plan which will catch up on the overdue HOA assessments. When you successfully complete the chapter 13 plan, you will be entirely current on your Homeowners Association Assessments.Property Taxes.If you are behind in your property taxes and the property taxing authorities have threatened to sue you, you consider filing a chapter 13 bankruptcy. The bankruptcy laws will permit you to pay the delinquent property taxes back through a chapter 13. It will allow you to propose a plan which will catch up on the overdue property taxes. When you successfully complete the chapter 13 plan, you will be entirely current on your property taxes.Credit Card Debt.If you have more credit card debt than you can afford to pay back, either a Chapter 7 or Chapter 13 filing will help you resolve the debt. Credit card debt is an unsecured debt. If credit card debt and other unsecured debts are your only debt issues, you should strongly consider filing a Chapter 7 bankruptcy. If you have substantial credit card debt but also have secured debt issues, like an imminent home foreclosure on a home you wish to retain, or an automobile in danger of being repossessed which you wish to retain, you should consider Chapter 13 bankruptcy. Bear in mind that while a Chapter 7 bankruptcy provides a very efficient means of discharging credit card and other unsecured debts, not everyone qualifies to file a Chapter 7. Also, Chapter 7 bankruptcy is what is known as an asset liquidation bankruptcy. In the majority of cases, most if not all of a debtor’s assets will be exempt from liquidation but it varies on a case by case basis. This is just one of the reasons why it is extremely important to consult with an experienced bankruptcy attorney before filing a bankruptcy case.Medical Bills.Similar to credit card debt, medical bills are unsecured debts. If you have more medical bill debt than you can afford to pay back, either a Chapter 7 or Chapter 13 filing will help you resolve the debt, depending on your circumstances. If Medical Bill Debt and other unsecured debts are your only debt issues, you should strongly consider filing a Chapter 7 bankruptcy. If you have substantial Medical Bill Debt but also have secured debt issues, like an imminent home foreclosure on a home you wish to retain, or an automobile in danger of being repossessed which you wish to retain, you should consider a Chapter 13 bankruptcy. Bear in mind that while a Chapter 7 bankruptcy provides a very efficient means of discharging Medical Bill Debt and other unsecured debts, not everyone qualifies to file a Chapter 7. Also, Chapter 7 bankruptcy is what is known as an asset liquidation bankruptcy. In the majority of cases, most if not all of a debtor’s assets will be exempt from liquidation but it varies on a case by case basis. This is just one of the reasons why it is extremely important to consult with an experienced bankruptcy attorney before filing a bankruptcy case.Judgments.Even if a creditor has sued you and obtained a judgment against you, that judgment may often be discharged in a bankruptcy. In Texas, once a creditor has obtained a judgment against you, it may be able to garnish your bank account or seize nonexempt assets to collect that debt. Imagine trying to write a check or use your ATM card only to discover that you have no funds in your account because a judgment creditor has already garnished it. You can stop a garnishment action or other post-judgment collection action by filing a bankruptcy.These are just a few of many reasons to consider filing a form of bankruptcy. For more information, please contact the Ferguson Law Firmtoday. ...read more
By James T Ferguson - Attorney December 04, 2012
Question you Must Be able to Answer in a Custody Battle
QUESTIONS CLIENTS NEED TO BE PREPARED TO ANSWER AT MEDIATION IN A CUSTODY FIGHT: What is your goal today? Why should you have custody? Why should your spouse not have custody? What are your spouse's strengths and weaknesses? What are your strengths and weaknesses? What is the worst thing your spouse can say about you? If drugs or alcohol are an issue, when was the last time you used drugs/alcohol? What proof do you have of your spouse's drug/alcohol abuse? If there are DUI's, you need to have gotten certified copies to back-up your claim. How has this custody fight impacted the child? Describe (in detail) a typical day in your child's life. What is your child's bedtime ritual each evening? Your client should know their favorite book, bedtime story, bedtime prayer, favorite toy, etc. Who helps the child study each evening? How is your child doing in school? Your client should be able to name the school principal, registrar, school nurse and teachers at the school. Have attendance records if tardiness and/or absences are an issue. If grades are an issue, bring report cards and progress reports. Who can testify to your relationship with your child? Your client will need their full legal name, address and telephone number. How long they have known each other and what they would be able to testify to in detail? Your client should know all the doctors that the child has visited and the reasons for each visit. ...read more
By Fran Brochstein, Mediator & Attorney February 19, 2010
When Do You need to Talk to a Lawyer?
When do you need to consult with an attorney? Answer: The best time to consult with an attorney is when you don't need one. Whenever you have concerns about a potential problem, that the time to talk to a lawyer. Here are a few of the reasons to consult with an attorney: 1. Get the facts. Talk to a currently licensed attorney in your state that practices in the area of the law where you have questions. Get current knowledge. What was the law 20 years ago, might not be the law today. It reduces stress and is empowering. Most people are scared and don't know what to do next. Being paralyzed and ignoring problems usually makes the situation worst. 4. You need to talk to someone that will consider all possible outcomes in your case. Someone that can see the pros and cons of both sides of the case. 5. It can save you money. Many people try to do it themselves in an attempt to save money. For example, probating an estate in is inexpensive and easy if done properly. If done wrong, it's a slow, expensive process. 6. Most of the form kits or available on the internet are not worth the money – especially the ones that claim they work in all 50 states. I practice what I preach. Whenever I have a legal question, I go to an attorney that practices in that area of the law and pay for an hour of their time. When I leave their office I know the following: (a) the current laws and how courts are interpreting them; (b) if there is a time limit for either side to act; (c) if there is anything I can do to protect myself, and (d) strategies in the event litigation becomes necessary. When I'm personally involved in a lawsuit, I hire an attorney to represent me then I listen to their advice. The best time to consult with an attorney is BEFORE any life cycle event or possible crisis. Such as BEFORE: 1. Opening or closing a business, forming a partnership or corporation 2. Signing a contract – such as an apartment lease, promissory note, car loan, employment contract, leasing equipment, etc. 3. Contemplating marriage, separation or having a child (including adoption) 4. Buying or selling a major asset - such as real estate 5. Having any surgical procedure – to make sure that your wishes are carried out in case you are unable to speak for yourself (such as being in a coma)&making sure your family will be ok 6. Considering retirement 7. Helping your aging parents – before they are mentally incompetent or need to move into a nursing home 8. Considering pleading guilty (or no contest) to a traffic ticket, criminal charge or you are a possible suspect in a criminal investigation 9. Conflicts with neighbors, relatives, friends, employers get out of control. What sort of attorney do I need? An attorney that practices primarily in your area of concern. For example, if you have a divorce case in , don't call a corporate attorney in . An attorney listens to you, seems interested in your case and speaks so that you can understand legal terms and concepts. An attorney that explains the pros and cons of your case. An attorney that you trust. You need an attorneys on your side and working with you. An attorney that insists on both of you signing a Legal Services Agreement – it should clearly state that the attorney is going to do, how much they are going to charge and how much you are going to pay. What sort of attorney should I avoid? An attorney that makes guarantees or promises. An attorney that claims they win 100% of their cases. I once had a potential client ask me how many cases I had won. I told him I could not answer that question since I felt the only winners in a divorce lawsuit are the attorneys. An attorney that will represent both parties in a lawsuit. An attorney that practices in all areas of the law. It is almost impossible today to stay up-to-date on all legal subjects. An attorney you cannot afford. If the attorney's hourly rate is $600/hour and you make minimum wage, there is no way you can afford to hire this attorney for a prolonged child custody battle. Be realistic. An attorney that never sends you copies of correspondence in your case and never returns your calls. How do I find an attorney? Ask your friends and attorneys who they recommend. If your friend says the opposing counsel was much better than their lawyer, get the opposing counsel's name! The American Bar Association has a comprehensive list of pro bono organizations throughout the if you qualify for free services. If there is an attorney in your neighborhood, stop by their office and see if you like them. Check your local TV guide, free newspapers, yellow pages, the internet, etc. Be aware that all advertisements have been paid for by the attorney. The bigger the ad, the more money spent. The biggest ad does NOT mean the best lawyers. Also, many "featured lawyers" or "top 10 lists" are merely expensive advertising. Be a savvy consumer. Example: My own mother paid $5,000 to a prestigious attorney for a will. Years later she asked me to review her will. I was shocked at the typos and errors. I convinced her to use a small law firm and for under $1,200 she got an attorney that truly listened and prepared the documents to reflect her wishes. ...read more
By Fran Brochstein, Mediator & Attorney February 19, 2010
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