Helping People Throughout Western KY & Southern IL To Obtain A Fresh Financial Start! 855-812-3390Marcus Herbert & Associates offers chapter 13 to stop foreclosures and lower total monthly paymentsMarcus Herbert & Associates offers chapter 7 to stop suits, garnishments & eliminate debt
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 270 443-0303.
Practice areas
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
30 years
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
30 years
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
30 years
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.
30 years
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.
30 years
Languages spoken
English
Marcus Herbert & Associates
416 South Fifth St.
Paducah, KY, 42002-2693
Bankruptcy Advocates
308 West Walnut
Carbondale, IL, 62901
State | Status | Acquired | Updated |
---|---|---|---|
KY | Authorized to Practice Law | 1999 | 03/12/2022 |
IL | Active And Authorized To Practice Law | 1992 | 06/13/2022 |
IN | Suspended | 1992 | 04/01/2022 |
Legal answers | 173 |
Legal guides | 0 |
Award name | Grantor | Date Granted |
---|---|---|
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 |
Title | Company name | Duration |
---|---|---|
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 |
Association name | Position name | Duration |
---|---|---|
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 |
Publication name | Title | Date |
---|---|---|
Bankruptcy advocates blog.com | A Financial Plan Explained in Less Than 140 Characters | 2019 |
wkybankruptcy.com/blog/ | Recent Study Finds People in Financial Distress Have More Credit Opportunities and a Brighter Financial Future if They File for Bankruptcy Than if They Don’t. | 2019 |
School name | Degree | Graduated |
---|---|---|
Southern Illinois University School of Law | JD - Juris Doctor | 1992 |
University of Illinois, Urbana-Champaign | BA - Bachelor of Arts | 1987 |
Conference name | Title | Date |
---|---|---|
Harrah's Casino Employees Seminar on Getting & Improving Good Credit | Credit Scores - How to Protect and Improve them | 2013 |
Case name | Outcome |
---|---|
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. |
Knights Prairie Hunting Club Inc. v. Holmes, 263 Ill.App.3d 455, 636 N.E.2d 29 (Ill.App. 5 Dist. 1994) | Appellant obtained reversal from trial court ruling that had transferred possession of property used as a hunting club to one party based on a lease being deemed invalid. Appellate court ruled the lease to be valid. |
Deason v. Gutzler, 251 Ill.App.3d 630, 622 N.E.2d 1276 (Ill.App. 5 Dist. 1993) |
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Leonard Boyer, Bankruptcy and debt Attorney on Apr 9, 2020
Relationship: Fellow lawyer in community
I endorse this lawyer. Mr. Herbert is a very knowledgable and effective advocate for his clients.
Larry Lauterjung, Bankruptcy and debt Attorney on Apr 1, 2019
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.
Leonard Boyer, Bankruptcy and debt Attorney on Apr 9, 2020
Relationship: Fellow lawyer in community
I endorse this lawyer. Mr. Herbert is a very knowledgable and effective advocate for his clients.
Larry Lauterjung, Bankruptcy and debt Attorney on Apr 1, 2019
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.
Christian Lassen, Unknown Attorney on Mar 15, 2013
Relationship: Fellow lawyer in community
Top-notch attorney. Highly respected in the legal community.
Timothy Daniels, Bankruptcy and debt Attorney on Mar 14, 2013
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.
Joe Johnson, Bankruptcy and debt Attorney on Mar 7, 2013
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.
Robert Lathram, Bankruptcy and debt Attorney on Feb 21, 2013
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.
Cash, Check