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John Carter
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John Carter
Carter Law Firm
3737 Dodge Street
Suite 100
Omaha, NE 68131
Phone: (402) 342-4919 | Fax: (402) 342-4919
http://jmcarterlaw.com
Securing the Future for Each Client
Legal Topic
Bankruptcy
Preferred New Clients
We specialize in foreclosure defense, bankruptcy (Chapters 7 and 13), immigration, tax litigation, audit representation and tax preparation. Our firm handles consumer law as it relates to unlawful debt collection practices and unlawful and deceptive trade practices.
Sub-Categories
Bankruptcy
- Chapter 13
- Chapter 7
- Credit Disputes
- Debt Relief
- Garnishments
- Credit Repair
- Credit Restoration
- Creditor Harassment
- Personal Bankruptcy
- Foreclosures
Bar Admissions
NE, Nov 2007
Bar Number: 23718
IA, Apr 2007
Bar Number: AT0009072
Other Court Admissions
Iowa Supreme Court, U.S. District Court Southern Iowa, U.S. District Court Northern Iowa, Nebraska Supreme Court, U.S. District Court Nebraska, U.S. Court of Appeals 8th Circuit and United States Tax Court.
Association Memberships
Iowa State Bar Association, Polk County Bar Association, Nebraska State Bar Association, Illinois State Bar Association and Federal Bar Association.
Continuing Education
I serve as an adjunct professor at Doane College Lincoln, Nebraska. I teach paralegal courses in legal research, writing, investigation and personnel law. I also attend seminars in bankruptcy and taxation to remain current in the areas of practice. I always exceed the required amount of continuing education hours required by Iowa and are accepted in other jurisdictions where I practice.
Papers and Publications
I published a book entitled "Credit Repair and Debt Collection Practices," by Dageford Publishing in 1996. The book is a self-help "how to" publication that explains the rights that a consumer may assert when dealing with collections agencies, banks and credit bureaus. The book sold at Barnes & Noble and other bookstores throughout the country. It is currently in revision and will be republished in the Fall of 2009.
Example Cases
consumers were unaware that the majority of mortgage loans written between 2001 and 2006 contained elements of fraud on the part of the lenders and or servicers. One memorable case I handled for a client was when he lost his home to foreclosure. Two months after the sale, he heard through a friend of the work I was doing in assisting homeowners remain in their homes.
After meeting with the client and reviewing his loan documents, I determined that the loan was replete with Real Estate Procedure Act (RESPA) and Truth In Lending Act (TILA) violations, to say nothing of the violations under the Fair Debt Collections Practices Act. (FDCPA). I filed a complaint to set aside the sale due to the violations and the breach of fiduciary duty by the trustee who conducted the sale. The sale was set aside and I filed a motion to have the loan declared current. The loan was declared current and modified from an adjustable rate mortgage at 11.9 percent to a fixed rate mortgage at 4.2 percent for the remainder of the loan.
Education
Degree:
Juris Doctor
School:
Creighton University School of Law
City:
Omaha
State:
NE
Year:
2006
Focus and Accomplishments:
I participated in Moot Court and Client Negotiation Competitions. I competed and represented Creighton University in the 2006 regional client competition in South Dakota.
Degree:
B.S. Paralegal Studies
School:
Doane College
City:
Lincoln
State:
NE
Year:
2002
Number of Attorneys
1
State Licensed In
Iowa and Nebraska
Firm Focus and History
Our firm primarily practices consumer law in the areas of bankruptcy, foreclosure defense and tax law.
Carter Law Firm was established in May of 2007 at 3737 Dodge Street, Omaha, Nebraska.
Previous Employment Summary
Prior to becoming an attorney, I was employed as a police officer in David City and Lincoln, Nebraska. I relocated to Nebraska after serving eleven years as an Intelligence Analyst for the United States Marine Corps. I had served as a Sheriff's Deputy in New Orleans, Louisiana for approximately three years before enlisting in the Marines Corps.
Activities and Awards
I worked for the legal clinic at Creighton University during my third year of law school. I also volunteered to do pro bono work for Iowa Legal Aid after becoming an attorney and we continue to take up to three pro bono case referrals from legal aid per month.
What is your opinion regarding clients educating themselves on legal issues?
I believe clients should arm themselves with information. Every aspect of a person's life will at sometime involve a legal issue. If a consumer is unaware of his or her rights and responsibilities, they may spend countless dollars on simple legal issues they could have easily handled themselves. For example, many people go to credit repair agencies to repair their credit. Many do not realize they can save hundreds or even thousands of dollars if they would obtain their own credit report and educate themselves through self-help books on how to repair or update their own credit profile for the cost of a postage stamp.
Most Courts are sponsoring self-help consumer law counters where clerks at the court provide forms and information on everything from simple divorce to bankruptcy. I have always been a self-help advocate. I began my legal career as an independent legal technician in San Diego North County in 1990, providing forms and information to the do-it-yourselfer. I also conducted legal research and form preparation to attorneys in small firms.
Are you willing to review documents prepared by clients?
I currently provide document review services in my practice. It is better for a client to have an attorney review some documents before filing them in court to prevent problems or the possible rejection of their filing. In very complex issues, however, I recommend the client hire the assistance of an attorney. For routine legal matters where there is no risk of loss of property or liberty I review documents at little or no cost, thereby saving the client money for filing fees. Bankruptcy filings however are not reviewed for self-filing. Bankruptcy issues are so complex, that I would rather have the client hire our firm to handle the case.
Are you willing to coach clients who want to represent themselves?
Coaching self-help clients in small claims matters is another service we currently provide at Carter Law Firm. If the client appears and demonstrate they are competent and have a good grasp of their legal issue, we do not mind extending a helping hand in coaching the client in developing evidence and an argument to win their case.
Why did you decide to be a lawyer?
I decided to become an attorney because I wanted to obtain a position as a judge or state senator. Becoming an attorney was a natural or even necessary first step to those goals. However, once I became an attorney and started working with legal aid clients, I realized how many persons with important legal issues that greatly affected the quality of their lives were under-presented because of the lack of financial resources. I then view the practice of law as more of a ministry outreach. People who can afford the cost of legal representation are often given a fair consideration in the courts. Others less fortunate are usually driven through the gates of legal mediocrity and often plead out or undermined to take a settlement that leaves them in more debt that if they had not received anything at all.
What work experience and education helps you be a better lawyer?
I served as a minister for twenty-three years and served as senior pastor for twelve of those twenty-three years. My work as a police officer also helped me to see both sides of the spectrum of life most ordinary people deal with. As an adjunct professor, I realize how one's view of the world can shape the views of others if you are in a position of power and or authority. The practice of law falls into those noble professions. When most people speak of qualifying and successful careers, medicine and law usually are high on the list of desirable professions or of people wanting to meet and marry someone who may be a member of one of those professions.
I am a better lawyer because my life experiences have taught me that success is more about helping and developing people than making money. Money will follow the man or woman who is known in his or her community for being passionate about their work, but at the same time concerned about the quality of the lives of people around them. If a lawyer can use his or her skills to make a difference in the life of just one person a week, that lawyer's work can change the face of a community for a life time.
Why did you decide on your primary area of practice?
Because of my life's work, which has been consumer oriented and dedicated to helping those often overlooked, I like being the lawyer who comes to the rescue. Just as I served a police officer, I came to the aid of people in distress or trouble. I am continuing that work as a lawyer because people are often distressed when facing foreclosure; a tax levy; mounting debt due to a loss or reduction of income or harassing threats from debt collectors. I come to their rescue.
What do you like best about your career?
The satisfaction of knowing that I have helped someone to go home and sleep tonight. I cannot count the number of times at the conclusion of a consultation a client will breathe a big and visible sigh of relief and say, "Thank you so much. I feel so much better knowing you can help me with this problem. I will be able to sleep tonight for the first time in weeks."
Tell us about your law firm:
I am a solo practitioner but work with two associate attorneys that help handle client caseload. I also have a third year law student and paralegal that are both very attentive and helpful to keep clients informed about the status and progression of their cases.
What are your strengths and style?
My strength is in the area of consumer law in stopping foreclosures and assisting in getting loans modified. In most cases, I can get a loan modified at a lower interest rate and lower payments for the client without filing for bankruptcy. I am people-oriented and have an outgoing and friendly personality.
Personal Interests:
I enjoy flying. I am a private pilot and purchased my own single engine airplane in 2002. I also enjoy saltwater fishing and participating in the deep sea fishing rodeos held along the Alabama Gulf Coast in July of each year.
Office Manager/Assistant
Kristina Carter
Fax
(402) 342-4919
Office Hours
Monday through Friday
8:00 a.m. to 8:00 p.m.
Saturdays and Sundays by appointment.
Emergency After Hours
No
Foreign Languages
Spanish.
Additional Offices
San Diego, CA
7840 Mission Center Court
Suite 101
San Diego, CA 92108
Fixed-Price Services and Fees
Our fees are based upon the services provided and the complexity of the case:
Chapter 7 is typically $1,465 all filing fees included; Chapter 13 is typically $3,000 filing fees included; Other consumer law matters; immigration and tax issues are basically worked on a per hours basis of $175 per hour. We construct a modified contingency agreement on foreclosure defense cases.
Hourly Rates
$175 per hour.
Free Initial Consultation?
The initial consultation is $50.
Typical Retainer
$750.
Nolo's Licensing Check
Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.
Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.
