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.

The means test is a calculation that compares your average monthly income to the Tennessee median income to determine whether you qualify for Chapter 7 bankruptcy. If your income falls below the state median, you automatically pass; if it exceeds it, a second calculation reviews your allowable expenses to see if you still qualify. Most people with limited disposable income after expenses are able to file Chapter 7.

Yes — filing bankruptcy in Memphis triggers an automatic stay, which legally halts most wage garnishments the moment your case is filed with the court. This protection applies to both Chapter 7 and Chapter 13 cases and can stop a garnishment before your next paycheck is affected. Acting quickly after a garnishment begins is important because wages already collected before the filing date are generally not recoverable.

Chapter 7 eliminates most unsecured debts quickly — typically within a few months — but requires passing the means test and does not let you catch up on mortgage or car loan arrears. Chapter 13 is designed for people with regular income who want to keep assets and repay overdue amounts through a three-to-five-year court-approved plan. If you earn a consistent paycheck and are behind on secured debts, Chapter 13 is often the better fit.

Yes, Chapter 7 bankruptcy can discharge medical bills and credit card balances entirely, giving Memphis filers a true fresh start. Most unsecured debts are wiped out through the liquidation process once the court grants a discharge, typically within a few months of filing. Certain debts like student loans and recent taxes are generally not dischargeable.

Most Tennessee personal injury claims settle within several months to a couple of years, depending on injury severity and whether the case goes to litigation. Straightforward cases with clear liability often resolve through negotiated settlement well before trial, while contested claims involving serious injuries can take longer as medical treatment and evidence are fully developed.

Yes, a Memphis attorney can help you appeal a denied short-term disability claim. The denial letter sets a strict deadline for filing your appeal, so acting quickly matters. An attorney can gather supporting medical evidence, build the administrative record, and submit the appeal on your behalf before that window closes.

Short-term disability is typically an employer-provided or private insurance benefit that replaces a portion of your income for a limited period, usually weeks to months, after an illness or injury. Social Security Disability Insurance is a federal program that pays long-term benefits when a medical condition prevents you from working for at least twelve months. The application process, evidence requirements, and appeal rules are different for each.

An attorney who handles disability and insurance claims can represent Memphis residents in short-term disability appeals. Because most employer-sponsored plans are governed by federal ERISA law, the appeal process is heavily procedural and the administrative record built during the appeal often determines the outcome if the case goes to court.

To file Chapter 7 bankruptcy in Memphis you must complete a credit counseling course, pass the Tennessee means test to confirm eligibility, then file a petition with the U.S. Bankruptcy Court for the Western District of Tennessee listing your assets, debts, income, and expenses. An attorney can prepare the paperwork, represent you at the required meeting of creditors, and help ensure no avoidable mistakes delay or jeopardize your discharge.

How often you can refile depends on which chapters are involved and whether you received a discharge in the prior case. For example, you must generally wait eight years between Chapter 7 discharges, but the waiting period is shorter if one of the filings was a Chapter 13. An attorney can review your prior case history and tell you exactly when you are eligible to file again.