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Marcus Hayes Herbert

Chapter 7 bankruptcy Attorney at Paducah, KY

5.0   32 reviews

also known as Marcus H. Herbert

Free consultation Virtual consultation available
Free consultation Virtual consultation available
  • State Years
    Kentucky - KY 24 years
    Illinois - IL 31 years
    Indiana - IN 31 years
  • Licensed for 24 years
    State KY
    Acquired 1999
    Status
    Active No misconduct found
  • Licensed for 31 years
    State IL
    Acquired 1992
    Status
    Active and Authorized to Practice Law No misconduct found
  • Licensed for 31 years
    State IN
    Acquired 1992
    Status
    Suspended No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Marcus

Learn Marcus’s areas of practice.

5
Practice areas
  1. Chapter 7 bankruptcy
    40%
    This is the most common type of bankruptcy. It is meant for debtors whose income is below the median income in their state compared to households of the same number of persons. This type of bankruptcy can only be filed once in 8 years. This type of case usually results in the elimination of most or all unsecured debts. Debts where collateral is pledged (secured debts) the debtor decides whether to keep or surrender the collateral. If it is kept, debtor keeps making the payments

    31 years

  2. Bankruptcy and debt
    25%
    This is the most common type of bankruptcy. It is meant for debtors whose income is below the median income in their state compared to households of the same number of persons. This type of bankruptcy can only be filed once in 8 years. This type of case usually results in the elimination of most or all unsecured debts. Debts where collateral is pledged (secured debts) the debtor decides whether to keep or surrender the collateral. If it is kept, debtor keeps making the payments

    31 years

  3. Chapter 13 bankruptcy
    25%
    This type of bankruptcy requires a 3 to 5 year repayment plan that must be approved by the court. It is often used to stop a foreclosure and allow the borrower time to catch up the arrearages through a regular plan payment spread over the years of the plan. Sometimes it can be used to remove a second mortgage or to allow secured debts to be paid back the value of the collateral rather than the contract balance. Ch 13 is used also when the debtor's income is too high to qualify for a chapter 7

    31 years

  4. Foreclosure
    5%
    Sometimes I can assist a homeowner to negotiate the sale or surrender of a piece of mortgaged real estate without having to file bankrupcy or have a foreclosure judgment on their record.

    31 years

  5. Lawsuits and disputes
    5%
    Consumer rights suits against persons or businesses or government entities that violate clients' rights. Sometimes I serve clients by defending them when they are being sued by an aggrieved party.

    31 years

HELPING PEOPLE THROUGHOUT WESTERN KY & SOUTHERN IL TO OBTAIN A FRESH FINANCIAL START! 855-812-3390

LITIGATION AND APPEALS  The practice areas listed on this site include a pretty good explanation of what each area of practice means.  However, those descriptions do not really explain that most cases do not involve trial work.  Most cases are not disputed.  But when a case does involve a dispute over a legal issue with the case trustee or between a creditor and the debtor, there is often a lot at stake, such as whether the debtor keeps or loses an asset, or whether a particular debt can or cannot be wiped out.  Sometimes these are significant such as taxes, or student loans, or a lien on a house or automobile.  When these situations arise, it is important to have an experienced bankruptcy litigator.  There are a lot of lawyers that prepare bankruptcies that have little if any experience with bankruptcy trials and contested motions in court, let alone in defending a decision on appeal or taking an appeal of an adverse ruling up to the next higher court.  Contested matters (litigation) and appeals involve a different skill set and the outcome often depends on whether one has an effective attorney or not. 

When issues become complicated by legal challenges during a bankruptcy, most clients just continue with the original attorney.  Sometimes it is that attorney that created or added to the underlying problem by not spotting an issue in advance, or by sloppy work in preparing the bankruptcy petition and supporting documents.  If your case becomes a contested mess it might be a good idea to consult another attorney or bring in an outside attorney with a fresh perspective to consult with you or with you and your existing attorney for ideas about how to proceed.  I have been litigating and working on bankruptcy appeals for almost all of my 28 year legal career.  My most honest self asessment is that litigation and appeals are areas that I do very well in.  Feel free to have your lawyer give me a call.

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Contact Marcus

Marcus Herbert & Associates
Bankruptcy Advocates
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Reviews

5.0 / 5.0
  32 customer reviews
5 Star
 
97%
4 Star
 
3%
3 Star
 
0%
2 Star
 
0%
1 Star
 
0%
Posted by Tom | September 25, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Attorney Herbert is thoughtful and caring.
Attorney Herbert took the time to answer all of my questions. He has the know-how and confidence you expect when seeking an experienced lawyer and I honestly could not be happier with the attention to detail and professional demeanor he displayed while dealing with my case. He was thorough and went over everything. He is very responsive, and if I could not speak to him directly when I called his office, he would return my phone call the same day. Attorney Herbert knows what it takes to get the best results and he comes through. If you are looking for legal representation he is the one to go to. Very happy with the results.
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Posted by Susan | September 20, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Great Attorney knows his stuff
If you want someone who is going to watch out for you and not take advantage of not knowing anything about Bankruptcy, here is your guy. He went step by step through everything and did not make me feel embarrassed or dumb. Wonderful staff and loved his dog! Anybody who brings there dog to work is my kind of guy. You will get everything taken care of in a professional and friendly manner this is the place to start.
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Posted by Tara | September 17, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Excellent, knowledge attorney!
I hired Mr Herbert in regards to a bankruptcy case. He was very knowledgeable, organized and available when I had questions. His staff is excellent too, especially Karmelin. She is patient, caring and makes you feel important. I recommend Mr Herbert and his staff!
Posted by Josh | August 29, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Chapter 7 and the Automatic Stay
I hired Mr. Herbert in 2008 and filed Chapter 7 Bankruptcy. Mr. Herbert helped me clean out my debts I was unable to pay. At the same time, I was able to keep car and home by reaffirming my loan and mortgage. 12 years later I applied for a refinance on my mortgage. The title agency notified me of a lien on the property from a creditor who was included on my bankruptcy from 2008. After research we learned that the lien was placed on my property during the automatic stay. I was offered a low interest rate on the refinance and had only 60 days to get the lien removed before the interest rate offer expired. I hired Mr. Herbert again and he was able to work with the creditor to release the lein before the interest rate expired. He also had the creditor reimburse all legal fees involved. I highly recommend Mr. Herbert to anyone needing a bankruptcy attorney. I also want to mention his office staff is very helpful and quick to respond when calling and emailing.
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Posted by Lisa L | May 14, 2020
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Excellent lawyer for contract and debt matters
I have hired Mr. Herbert to help me on 3 different matters in the last 5 years. I have also consulted with him on a couple of other matters without hiring him. I recommend Marcus Herbert to anyone needing help with debt problems, or banking matters. Most recently, I had been a victim of an identity theft scam and Mr. Herbert helped me make a police report and deal with my bank and credit card companies to protect my credit rating and my bank balances while keeping me out of trouble with the law. He was patient and knowledgeable and knew just what to do.
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Posted by anonymous | May 10, 2020
This review is from a person who hired this attorney.
| Hired Attorney
Very Knowledgeable
Attorney Herbert helped me lower my car payment and I was able to pay it off earlier. He was a big help when I needed it.
Posted by PAMELA | March 6, 2013
My life would be very different without his help
I have known Marcus Herbert for going on 26 years. In that time he has handled several legal situations for me both personal and business. Over the years he has looked over business contracts and advised me on how to proceed. He came to my rescue, driving for hours from southern Illinois to Chicago to represent me at a law suit when my Chicago attorney was tied up in trial. He worked diligently and successfully when my completed bankruptcy was challenged by a creditor; combing carefully over every detail of the transcripts of the trustee meeting, contracts, and all other paperwork and convincing the plaintiff and their attorney's that they did not have a valid case - they dropped the suit. Personally Marcus Herbert is a man of integrity and honor. While his quite manner and good humor will put you at ease you will also come to realize as you speak to him that you can trust him implicitly. Professionally he is extremely knowledgeable in the law and as an attorney gives his utmost attention to the details and the truth. I would recommend him to anyone seeking legal services; particularly in the areas of financial advice, contract law and bankruptcy law.
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Posted by Jackie | February 25, 2013
Excellent, well-informed attorney
Mr. Herbert put in several hours of time personally with my husband and me examining our financial situation and finding the best solution for our financial problems. He explained both Chapter 7 and 13 bankruptcies to us and the pros and cons for us personally for each type of filing. His service prices are fair and his staff was very helpful in guiding us through a stressful process. I strongly recommend his services to anyone considering bankruptcy.
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Posted by anonymous | June 29, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Great Bankruptcy Lawyer
Marcus Herbert was very helpful especially when there were situations that I could not handle myself he was able to correct the situation!
Posted by anonymous | April 18, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Great attorney
Made it easy and was done quickly. Never made us uncomfortable or looked down on us for the situation that we got ourselves into.
Posted by LT | March 16, 2023
This review is from a person who hired this attorney.
| Hired Attorney
Chapter 13
Any type of bankruptcy is scary, and never easy. My husband and I found ourselves in a position where we had no choice but to file. Marcus Herbert’s office and Karmelin Arant (his paralegal) definitely made the process smooth and less stressful. We did a 39 month plan, and just discharged! I would 100% recommend them if you need a good attorney and office to help you through it.
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Posted by Melissa | December 28, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Bankruptcy
Marcus and his staff were incredible in handling my bankruptcy case. When issues arose or I had questions they were more than willing to help me and go to bat for me if necessary. They remained In close contact with me throughout the case.
Posted by Brian | November 23, 2022
This review is from a person who hired this attorney.
| Hired Attorney
My case
Best lawyer in America. I didn't have any issues with my case. His whole team was awesome.
Posted by Jason | November 14, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Great lawyer
Did everything to make our case go as easy and quick as possible would highly recommend
Posted by Gina | October 27, 2022
This review is from a person who hired this attorney.
| Hired Attorney
Chapter 7
From the time I first went to see Marcus it took a while to get everything finalized. But praise God it is over!! Not to say that there were some very trying times. Karmelin was the BEST! She truly has a way of making you feel at ease. I can't tell you how many times I called so upset & worried. Everytime she was so patient & caring, understanding. I can't say it enough as to how amazing she is. It was as if she was going though the whole process with you & feeling all your emotions with you but with the calming reassurance that everything would turn out just fine. She was awesome!!! I would recommend them. Thank you so much for your support & services.
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Posted by Carr | October 18, 2022
This review is from a person who hired this attorney.
| Hired Attorney
No questions went unanswered!
We were impressed with the entire team. It is a bit embarrassing to admit you've failed and your financial situation is bad. They made us feel comfortable, assured us if we followed the courts requirements, we would be fine. There were a couple of times we had questions. Our emails were replied to and phone calls returned. Marcus and staff are down to earth professionals. Thanks to them, we have our financial freedom.
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Posted by anonymous | August 2, 2022
This review is from a person who hired this attorney.
| Hired Attorney
GREAT EXPERIENCE
Marcus and Karmelin were wonderful to work with. They made the process so easy. Karmelin answered any and all questions quickly. She made this way more simple than i imagined. I am grateful.
Posted by Sharon | February 1, 2022
This review is from a person who hired this attorney.
| Hired Attorney
The Absolute Best !
Mr. Herbert & Karmelin were super great to work with! They always explained everything and made it all easy to understand and what I needed to do. Karmelin is very patient and always answered all my questions in a professional and caring way. They were a pleasure to work with and I would Highly Recommend them! They are really good people!
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Response from Marcus Herbert February 9, 2022
Thank you for taking the time to leave this kind message. It was a pleasure working with you and I am happy to know we could provide you with valuable service.
Posted by Devada | December 7, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Excellent to work with
Mr. Herbert and his staff were extremely helpful during my situation. I could call any time and they were more than willing to help me. They are very professional, compassionate and there is no judgement. Just all around good people to work with.
Posted by Georgina | October 5, 2021
This review is from a person who hired this attorney.
| Hired Attorney
Bankruptcy lawyer
Contacted Herbert Law firm and they was very informative about every step needed to file a case and very helpful as to how to obtain the information needed. Wonderful staff to work with. Hire this attorney and his staff to file Chapter 7 bankruptcy and they made it painless as possible. Definitely recommend
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Cost

Rates
  • Free Consultation 60 minutes
  • Hourly Rates $ 250-350 per hour
Payment methods
Cash, Check

Resume

AVVO RATING 9.6 (Superb)

Work Experience

  • Founding partner
  • Bankruptcy Advocates LLP
  • 2008 - Present
  • Owner
  • Law Office of Marcus H. Herbert
  • 1992 - Present
  • Founding Partner
  • Bankruptcy Clinic
  • 1996 - 2007
  • Law Clerk
  • Honorable Judge Kenneth Meyers
  • 1990 - 1991
View all work experience

Education

  • Southern Illinois University School of Law
  • JD - Juris Doctor
  • 1992
  • University of Illinois, Urbana-Champaign
  • BA - Bachelor of Arts
  • 1987

Legal Cases

  • ROSEBERRY v. RUSSELL SIMON, Trustee Case No. 18-01039-DRH. (Dist. S.D. Ill. 2018).
  • Debtors won. The District Court reversed the bankruptcy court and stated that it exceeded its authority to create such a rule.
  • Robinson v. Hagan, 811 F.3d 267 (7th Cir. 2016)
  • Debtor gets to keep her bible
  • In re Clark, 393 B.R. 508 (Bankr. W.D. KY 2008)
  • Challenge to bankruptcy failed. Debtor received discharge of this debt despite claim of fraud.
View all legal cases

Associations

  • Bankruptcy Association of Southern Illinois
  • 2008 - Present
  • NACBA National Assoc. of Consumer Bankruptcy Attorneys
  • 2002 - Present
  • Kentucky Bar Association
  • 1999 - Present
  • Illinois State Bar Association
  • 1992 - Present
  • Shawnee Alliance for Seniors
  • M Team Advisory Board Legal Advisor
  • 2006 - 2016
View all associations

Languages Spoken

  • English

Honors and Awards

  • 2020 Best of Paducah Award in Bankruptcy Law Practice category
  • Paducah Awards Program
  • 2020
  • Top Contributor
  • Avvo
  • 2020
  • Silver Client Champion Award
  • Martindale-Hubbell
  • 2020
  • America's Most Honored Lawyers Top 5%
  • The American Registry
  • 2020
  • America's Most Honored Professionals Top 10%
  • The American Registry
  • 2019
  • America's Most Honored Professionals
  • The American Registry
  • 2018
  • Top-Rated Lawyer 2018 Recognized by the Legal Community
  • Avvo
  • 2018
  • Top Rated Lawyer 2017 Recognized by the Legal Community
  • Avvo
  • 2017
  • Preeminent 5.0 out of 5
  • Martindale-Hubbell
  • 2015
  • American Jurisprudence Awards for Highest Achievement in
  • Southern Illinois University School of Law, Carbondale
  • 1990
  • Torts I, Property II, UCC II, Statutory Interpretation, & Ethics
  • -Southern Illinois University School of Law
  • 1988
View all awards

Speaking Engagements

  • Harrah's Casino Employees Seminar on Getting & Improving Good Credit
  • Credit Scores - How to Protect and Improve them
  • 2013

Attorney endorsements

Received (6)
Given (8)
Endorse Marcus
Bankruptcy and debt Attorney | Apr 09
Relationship: Fellow lawyer in community
"I endorse this lawyer. Mr. Herbert is a very knowledgable and effective advocate for his clients."
Bankruptcy and debt Attorney | Apr 01
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have known and practiced around Marcus for years. He has a sterling reputation and my highest respect."
Unknown Attorney | Mar 15
Relationship: Fellow lawyer in community
"Top-notch attorney. Highly respected in the legal community."
Bankruptcy and debt Attorney | Mar 14
Relationship: Fellow lawyer in community
"I fully endorse Marcus Herbert as an excellent attorney in the area of consumer and small business bankruptcy and commercial litigation. I have known him for over four years. During this time, we have consulted on numerous legal issues ranging from the finer points of civil practice rules to discovery to trial strategy. I have also brought in my own clients to meet with Mr. Herbert to help devise joint strategies to deal with multiple legal issues the clients were having such as inheritance, divorce, personal injury, and bankruptcy. Mr. Herbert's input was invaluable. On numerous occasions I have worked with him to cover hearings in Federal Court. I can attest that Mr. Herbert is honest, hard working, has expert knowledge in his area, and is excellent at explaining things to clients in a way they can understand. I would recommend Marcuis Herbert to any of my close friends or relatives that need the types of services that he provides."
Bankruptcy and debt Attorney | Mar 07
Relationship: Fellow lawyer in community
"I endorse this lawyer as Debtors' attorney for either chapter 7 or chapter 13 bankruptcy. I have practiced in the same court with him for a number of years and have found him to be conscientious, knowledgeable, and always prepared - a diligent advocate for his client."
Bankruptcy and debt Attorney | Feb 21
Relationship: Worked together on matter
"I heartily endorse this lawyer. Marcus is an outstanding consumer bankruptcy lawyer with excellent legal skills. He is compassionate and dedicated in representing the best interests of his clients. He is passionate about his work and sometimes cares more about the rights of his clients than they do."
View more endorsements
Divorce and separation
Bankruptcy and debt
Bankruptcy and debt
Bankruptcy and debt
General practice
Bankruptcy and debt