Paul Cain

RISE UP LEGAL | Cain & Cain

Wills & Trusts | Probate & Trust Administration | Business & Bankruptcy

We help families with their estate planning, from basic Wills & Trusts to complex Private Family Foundations. Execute or update your Revocable Living Trust, Last Will & Testament, Durable Power of Attorney, HIPAA waiver, and nominate a Healthcare Surrogate.

We also handle Florida Probate and Trust Administration matters. We generally represent Successor Trustees or Personal Representatives in this regard, helping them through the process of tracking, managing, and distributing estate assets.

Finally, our firm offers business planning and asset protection. We help business owners manage legal compliance issues, as well as planning for succession or retirement. We can help you set up an irrevocable trust or Family Partnership to protect your legacy.

If you need to realign or wipe out business or personal debt, we also handle bankruptcy matters. From Chapter 7 fresh start plans, to Chapter 13 Repayment plans and even complex Chapter 11 Reorganization plans, we can help.

Call us 24/7 at 904-877-1010

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  Zero Down options available for Estate Planning and Bankruptcy, OAC.
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Florida

The Florida Bar

ID Number: 1022280

Estate Planning, Litigation, and Bankruptcy

Rise Up Legal | Cain & Cain

2008 - Current

Rise Up Legal originated in 2008 when Mr. and Mrs. Cain began working together at Cain Law Group in Las Vegas, Nevada. Mrs. Cain served as the founding attorney, while Mr. Cain--having yet to attend law school due to military service--worked in a managerial role, handling business administration. Mr. Cain also assisted clients with bankruptcy filings in a paralegal capacity. The Cain firm filed hundreds of cases and represented thousands of clients in Nevada during the 2008 economic crisis. After selling the Las Vegas location, Mr. and Mrs. Cain relocated to Birmingham, Alabama. Using a similar approach, the Cain firm has since represented hundreds of clients throughout the state of Alabama. In addition to our home office in Jacksonville, the Birmingham office is still active and can be found on the web at BhamBK.com.

California Baptist University

Eagle Scout Award

Boy Scouts of America

U.S. Military - Honorable Discharge

United States Air Force

The Florida Bar  # 1022280

Member

Current

U.S. Bankruptcy Courts  # 1022280

Attorney and Counselor

2020 - Current

Activities: Admitted to practice in U.S. Federal Bankruptcy Courts.

U.S. Federal Court  # 1022280

Attorney and Counselor

2020 - Current

Activities: Admitted to practice in Federal Courts; Florida's Middle District and Northern District.

BANKRUPTCY: A Brief Description of the Various Chapters

Linkedin Articles

August 26, 2020

Veteran Owned Law Firms, Private Firms SBA Event, 8787 Baypine Road, Jacksonville, Florida

October 23, 2020

Florida Coastal School of Law

The SBA welcomes you to another event, featuring two veteran-started law firms with a range of expertise from bankruptcy to personal injury law. There will be an opportunity to meet and greet these distinguished guests.

Veterans Administration Accredited Attorney

U.S. Department of Veterans Affairs

2020

Q. I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food.

July 1, 2021

A: Generally, Social Security benefits--of any type--may not be counted as income on your bankruptcy petition. Your attorney should discuss the Means Test with you (also known as Form 22A - Statement of Current Monthly Income/Means Test in a Chapter 7 and Form 22C - Current Monthly Income/Disposable Income in a Chapter 13).

However, it's important to note your living situation in its entirety so that your household size and income can be determined according to applicable standards.

Good luck to you, I hope you get the answers you are looking for!

Q. Do I make payments during chapter 7 on title loan?

July 1, 2021

A: If you want to keep the vehicle, and the trustee does not object, then you may be able to reaffirm the loan in your bankruptcy.

However, keep in mind that the payment normally needs to be current throughout the life of the loan. While repossession rarely occurs during the automatic stay, you'll need to ensure payments are current when it is lifted.

A common problem folks run into is that once a bankruptcy case is filed, the lender won't accept payments in the format you're accustomed to.

You will need to discuss the specifics of this with your attorney. Best of luck!

Q. If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?

July 1, 2021

A: When filing bankruptcy, you must list all of your obligations. You must also inform the court of any possible rights you have in property.

However, this doesn't automatically mean the property will be taken away from you, or that you'll be forced to pay every debt you list on your petition.

Here, the auto loan may be somewhat unaffected, or you might be able to reaffirm the debt. The final determination is made by the court, often in conjunction with you and the lender. Your attorney will likely provide you with guidance on what to expect before you file your case. Good luck to you!