Frequently Asked Questions

Bring any relevant documents such as contracts, correspondence, court papers, or identification. Having a written timeline of events and a list of questions helps maximize your consultation time. At Law Office of John E Dunlap, we review all materials carefully to provide focused legal guidance.

Case timelines vary widely based on complexity, court schedules, and whether settlement or trial is pursued. Simple matters may resolve in weeks, while contested litigation can take months or years. Experienced attorneys work to move cases forward efficiently while protecting your interests.

A retainer is an upfront deposit against future hourly billing, while a flat fee covers all work for a defined service regardless of time spent. Retainers are common for ongoing or unpredictable cases; flat fees suit routine matters with clear scope.

You can represent yourself in many proceedings, but complex cases involving contracts, liability, or court rules often benefit from legal expertise. Mistakes in filings or strategy can be costly and difficult to reverse. Professional guidance helps protect your rights and improve outcomes.

Contact an attorney as soon as you anticipate legal action, receive a lawsuit, or face a decision with significant legal consequences. Early consultation allows more time to gather evidence, explore options, and build a strong case strategy.

The attorney reviews your situation, asks clarifying questions, and assesses the legal issues involved. You'll discuss potential strategies, likely timelines, and fee structures. This meeting helps you decide whether to move forward and allows the attorney to understand your goals.

Common billing methods include hourly rates, flat fees for specific services, contingency fees in injury cases, and retainers for ongoing representation. The structure depends on case type, complexity, and firm policy. Always request a clear fee agreement before proceeding.

Waiting too long to seek legal advice is a common error that limits options and weakens cases. Evidence can be lost, deadlines missed, and rights forfeited. Prompt action and honest communication with your attorney yield the best results.

Yes. Filing Chapter 13 triggers an automatic stay that immediately halts a foreclosure sale — even if an auction date is already scheduled. You then propose a 3-to-5-year repayment plan through the Western District of Tennessee Bankruptcy Court to catch up on missed mortgage payments while keeping your home. This is one of the most powerful tools Chapter 13 offers Memphis homeowners facing foreclosure.

Chapter 13 lets you keep your home and other assets by restructuring what you owe into a court-supervised repayment plan, while Chapter 7 liquidates non-exempt assets to discharge debt quickly. For Memphis homeowners who are behind on a mortgage, Chapter 13 is typically the better path because it gives you time to cure arrears and stop a foreclosure.

You file a proposed 3-to-5-year repayment plan with the Western District of Tennessee Bankruptcy Court, and a trustee oversees your monthly payments to creditors. The plan must be confirmed by a bankruptcy judge, who verifies it meets federal requirements and is feasible given your income — after confirmation, creditors must accept the terms.