Phone:209-529-0995 | Fax:209-529-6207
Address:215 McHenry Ave. | Modesto, CA 95354
Phone:209-529-0995 | Fax:209-529-6207
Phone:209-529-0995 | Fax:209-529-6207
We have extensive experience in handling personal injury cases. We will fight to get you the compensation you deserve.
We win or you pay nothing.
With over 60 years of combined experience, our attorneys have what it takes to handle your case.
We have been handling bankruptcy matters for over 25 years. We will help you find the options for you to regain financial security, peace of mind and allow you to stop your creditors from harassing you.
Are debt collectors harassing you?
Everyday people need someone who will stand up for them. At the Law Offices of Mark S. Nelson, we understand your rights and focus on ensuring the protection of people and their families.
With success comes an equal amount of responsibility for our firm. Even with increased responsibility, we pride ourselves in personal relationships with our clients. Our large supporting staff is available to better serve our clients and is dedicated to delivering strong legal representation that remains efficient, responsive and on target when our clients need us most.
Reaching resolutions that are fair and just under the legal system is always our main concern.
With 60 sixty years of experience we fight aggressively to secure results that are in the favor of our clients and their core interests. Many of our new clientele come from referrals because our clients believe in our firm. Prior clients, doctors, and other attorneys speak highly of our work and the significance we place on serving our clients.
Mark S. Nelson has been practicing personal injury law since 1987. He started his own law firm in 1989 and since then has been successfully representing injured clients and their families.
Tom Nelson has been with the firm since 1989. He negotiates with insurance companies while assisting all of the attorneys with all pre-litigation issues.
Kevin Sharp received his law degree from Humphreys School of Law in 1986, and has been in private practice representing injured plaintiffs since then.
Our experienced staffs of paralegals and secretaries are dedicated to providing each client with personal customer service. Each bringing their legal expertise in personal injury, bankruptcy, and family law.
Once we take on your case, youâ€™re not only our client, but we create a partnership with favorable outcomes for both of us. This means, â€śIf You Donâ€™t Win, We Donâ€™t Win,â€ť and since we hate losing, we put forth every effort to win each case, every time!
Our cases are handled based on a percentage of recovery. Take some time and consult with us about the percentage fees because they can vary depending on the complexity of your case.
Most of our cases deal with injuries in Central California; however, we have a proven track record in handling cases throughout California and other states across the country. Our relationships and networks with various medical providers and other experts are endless and we have the resources we need to be successful in our cases.
Call the Law Offices of Mark S. Nelson today to schedule a free consultation : (209) 529-0995.
We do not take any money unless we win.
We understand what it's like living from pay check to pay check. We know what it feels like to live under a mountain of never ending bills. This doesn't have to be you. The Law Offices of Mark S. Nelson can help turn your financial life around.
If you're overwhelmed by unmanageable debt and struggling to pay your past due bills, you may need to consider bankruptcy. Call to schedule a free consultation with our bankruptcy attorney. We can provide you with the assistance you need to make the right decisions regarding bankruptcy and dealing with creditors.
Contact us for our expertise and help to resolve any bankruptcy issues including the following:
Q: Do I have a case?
A: If you were injured physically, mentally or emotionally as a result of another's conduct, the law almost always has a remedy for you to receive just and fair compensation. However, many times finding the right defendant who has sufficient assets and/or insurance to compensate our clients requires innovative creative lawyering. As an example, one of our prior clients, who was seriously injured in an automobile accident, was offered the responsible driver's insurance limits of $100,000.00 before she hired our firm. After considerable effort we were able to obtain a settlement amount of $4.5 million for her from a different defendant who was held legally responsible even though they were not directly involved in the accident occurring.
Q: How do I pay for the legal fee?
A: At the Law Office of Mark Nelson you never are asked to pay any fee or even reimbursement of pay our out of pocket expense in handing your file while we research compensation for your injuries. Our fees range from as low as 20% to 40% of the recover depending on the complexity of the case.
Q:What am I entitled to recover?
A: Under the law, an injured person is entitled to all economic damages including past and future medical treatment, past and future income loss, and general damages, including all past and future physical pain, and mental and emotional distress. In some circumstances you may also be entitled to punitive damages to punish the defendant for what the law considers to be bad conduct.
Q: What is my case worth?
A: There is no set formula to determine the value of your case. If the case doesn't settle (which rarely happens) the case value is determined by a 12 person jury. I often tell my clients that a personal injury case is like reading a new book or watching a new movie. There are twists and turns involving both the facts and damages caused and to fully predict what a jury will award requires patience and cannot be determined until the end of the case. Any attorney that says otherwise is either inexperienced or being dishonest.
Q: Why should I choose the Law Offices of Mark S. Nelson to represent me?
A: Our experienced team of lawyers have a total of 70+ years in only helping injured people and their families. We have always been in northern California and the central valley and, as a result, are well known and respected by our local judges, local attorneys that refer us their injury cases, and of course insurance companies that know from court cases and friends that we will do everything we can to be successful for our clients.
If you are overwhelmed by unmanageable debt and are struggling to pay your bills, you may need to consider filing for bankruptcy. Our experienced attorney can help determine whether or not bankruptcy is a good option for you and your family. Call to schedule a free consultation with our bankruptcy attorney. We can provide you with the assistance you need to make the right decisions regarding your debt and how to deal with your creditors.
Q: What is a chapter 7 bankruptcy?
A: A Chapter 7 bankruptcy is a â€śLiquidationâ€ť bankruptcy, or also known as the â€śFresh Startâ€ť bankruptcy. Unlike a Chapter 13 bankruptcy, a debtor does not make a payment towards their debt. Approximately 90 days after filing a petition with the Bankruptcy Court, the debtor's debt is discharged, meaning they no longer owe the debt.
Q: What is the difference between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy
A: In a chapter 7 bankruptcy you are not required to make a payment toward your debt. Once you have completed all of the requirements you are free and clear of your debt. In order to file a Chapter 7 bankruptcy you must qualify based on income and monthly necessary living expenses. It is also liquidation, meaning if you have substantial property that has value you may be subjected to the Trustee liquidating some of your assets. In the State of California, you are entitled to keep a significant amount of assets, therefore the possibility of liquidation for most is small.
A chapter 13 bankruptcy is a reorganization of your debt. It requires a monthly payment to the Chapter 13 bankruptcy trustee. There are many factors that go into determining your monthly payment amount. This monthly payment can be for up to 5 years long.
Q: Why would I file a Chapter 13 bankruptcy vs. a Chapter 7
A: The most common reasons why someone would file a Chapter 13 vs. a Chapter 7 are the following:
Q: Will I lose my personal property or home if I file a chapter 7 bankruptcy?
A: Generally speaking, in California, a debtor is allowed to keep most if not all of their personal property and home in a Chapter 7 bankruptcy.
Q: How do I qualify for a chapter 7 bankruptcy?
A: Qualifying for a Chapter 7 bankruptcy is based on a debtor's gross monthly income and monthly necessary living expenses. Essentially the legislatures state that if a Debtor can afford to make a monthly payment and their income is over the median level amount, then they do not qualify for a Chapter 7 bankruptcy.
Q: What are my duties as a debtor within my bankruptcy?
A: A debtor must be honest and must disclose to the court their property, income, living expenses and all creditors. Failure to disclose this information may result in your case being dismissed or the United States seeking monetary damages against the debtor.
Q: What does it mean to be "discharged" of my debts?
A: Once you receive your Discharge from the Bankruptcy Court you are free and clear of all your unsecured debts. What this means i that your creditors are barred from ever attempting to collect the debt that was included within your bankruptcy
Q: How long does a Bankruptcy stay on my credit report.
A: A Chapter 7 bankruptcy will stay on your credit report for 10 years. A Chapter 13 bankruptcy will stay on your credit report for 7 years. However, you can start to rebuild your credit immediately after receiving your discharge paperwork in a Chapter 7 bankruptcy. If you file a Chapter 13 bankruptcy you will see your credit score start to improve approximately one year after filing should you make your monthly payments to the Court on time.
Q: What debt is not eligible for discharge within my chapter 7 bankruptcy?
A: Debt that is not eligible for discharge, meaning that you will still owe the debt at the end of your Chapter 7 bankruptcy case is as follows:
Q: How long after Bankruptcy can I buy a house?
A: Currently you may quality for a FHA loan approximately 3 years after filing for bankruptcy. If you want to purchase using a conventional loan it will be a minimum 4 Years after filing for bankruptcy
Q: Can I transfer property to a family member or friend to avoid the court taking my property?
A: Transferring property without receiving compensation (fair market value) for the item is considered a fraudulent transfer. The consequence for transferring the property is that the Trustee has the right to seize and sell that property and give the proceeds to the debtor's creditors.
Prior to transferring any property you should consult with a qualified bankruptcy attorney.In order to determine if you qualify for a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, please contact our office for a free consultation at 209-529-6055. This information is intended to be informational only, and therefore prior to our office giving any legal advice you must first consult with our qualified bankruptcy attorney.
Q: What is a chapter 13 and how long do I have to be in a chapter 13 bankruptcy?
A: Chapter 13 is a reorganization of debt. The debtor pays back creditors through a monthly "plan" payment handled by the bankruptcy trustee. Generally, the duration of the plan ranges from 3 to 5 years. A Debtor is not required (in most cases) to pay their creditors in full but rather what they can afford to pay after paying their necessary monthly living expenses.
Q: What is the 341 meeting of creditors?
A: This meeting is conducted by the Chapter 13 Trustee. The bankruptcy judge will not be attending this meeting. This meeting will be held within 50 days after the Voluntary Petition is filed. This is a mandatory court appearance for each debtor. Each debtor is questioned under oath by the Trustee about his or her financial affairs. The meeting is also called the â€śmeeting of creditorsâ€ť because creditors may attend and question a debtor about the location and disposition of assets and any other matter relevant to the administration of the case.
Q: When do my plan payments start?
A: Chapter 13 Plan payments begin the month after the Voluntary Chapter 13 Petition is filed. Plan payments are made directly to the Chapter 13 Trustee's Office, and are due by the 25 th of each month. Payments may be paid by wage deduction (Wage Order), cashier's check or money order. Cash and/or personal checks are not acceptable forms for plan payments.
Q: Will my plan payment change during the term of my plan?
A: Chapter 13 Plan calculations are based upon the amount of debt that must be paid, in full through the plan, during the term of the plan. The initial calculations are based upon the â€śestimatedâ€ť amounts owed to each individual creditor. However, the plan pays only timely filed and allowed proof of claims. All creditors (except a governmental unit) have 90 days from the initial 341 Meeting of Creditors to file a proof of claim, and governmental units have 180 days from the filing of the Voluntary Chapter 13 Petition to file a proof of claim. After a review of the claims filed, the plan payment may need to adjust, either up or down, so the plan may complete within the specified term, or as long as the term doesn't exceed 60 months the plan term may be adjusted to compensate for the claims filed.
Q: What happens if I don't make my plan payments?
A: Plan payments must be made each month. However, in the event there is a change of circumstances which prevent a payment being made, the debtor needs to contact his or her attorney's office immediately. The case will be reviewed and a possible modification of the plan may be necessary. If the debtor fails to contact his or her attorney's office immediately to remedy the delinquency, the case may be dismissed and the creditors may proceed with legal action.
Q: Can I sell or purchase property while in a bankruptcy?
A: While in a Chapter 13 Bankruptcy, Debtor is prohibited from transferring, encumbering, selling, or otherwise disposing of any personal or real property with a value of $1,000.00 or more without first obtaining court approval. Debtor shall not incur new debt exceeding $1,000.00 without first obtaining court authorization. This includes a loan modification on real property. The debtor should contact his or her attorney's office immediately to be advised the appropriate procedure.
Q: If I qualify for a chapter 7 bankruptcy, why might I want to file a chapter 13 instead?
A: There are many reasons why a debtor may elect to file a chapter 13 when they qualify for a chapter 7 bankruptcy. The main reasons are below:
In order to determine if you qualify for a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, please contact our office for a free consultation at 209-529-6055. This information is intended to be informational only, and therefore prior to our office giving any legal advice you must first consult with our qualified bankruptcy attorney.