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  1. Bankruptcy Legal Terminology

    by , 10-08-2011 at 05:48 PM
    Redeem
    An option to save your car from being repossessed is redeeming it. The option to “redeem,” or purchase your car from the creditor by paying the creditor a lump sum payment equal to the “replacement retail cost” of the car. The remaining debt, if any, will be discharged. For example, if your car’s replacement retail cost is $3,000, and you owe the creditor $10,000, you could redeem the car by paying the creditor $3,000. The remaining balance would be wiped out in the chapter 7 proceedings. ...
    Categories
    Bankruptcy Law
  2. Individuals who may be affected by bankruptcy

    by , 10-08-2011 at 05:42 PM
    Someone who owes me money filed for bankruptcy. How do I know if I can still collect my debt?
    If you are a creditor who is owed money by a debtor who recently filed for bankruptcy, then the first thing that will happen is you will receive notice of the bankruptcy proceeding and notice of your ability to file a claim for the amount of debt owed to you. In most Chapter 7 bankruptcy proceedings, there are no assets available to sell off and pay creditors, so you may not be paid back your debt ...
    Categories
    Bankruptcy Law
  3. Bankruptcy Frequently Asked Questions

    by , 10-08-2011 at 05:41 PM
    What are the eligibility requirements for each form of bankruptcy?

    Chapter 7 bankruptcy is available for individuals and businesses. However, individuals (not businesses) have two eligibility requirements that they must fulfill in order to file for Chapter 7: (1) Individual debtors must receive credit counseling from an approved budget and credit counseling agency within 180 days of filing for bankruptcy and (2) Individuals with debts primarily stemming from personal, family or other ...
    Categories
    Bankruptcy Law
  4. Instructions on Filing for Bankruptcy

    by , 10-07-2011 at 07:19 PM
    How do I get started on filing for bankruptcy?
    Credit counseling by a credit counseling agency approved by the US Trustee Program is required before a debtor can file for bankruptcy.

    Should I hire a bankruptcy attorney? It is possible to file for bankruptcy without an attorney but it is not advisable. Bankruptcy law is complicated and an improper application of the law can adversely affect your case. A case may be dismissed or even worse, creditors may get more than they are ...
    Categories
    Bankruptcy Law
  5. Who are the Bankruptcy Trustees

    by , 10-07-2011 at 07:14 PM
    The United States Trustee appoints and monitors bankruptcy trustees. The office of the United States Trustee appoints a bankruptcy trustee to each chapter 7 and chapter 13 case. The debtor will rarely, if ever, interact directly with the United States Trustee in his/her case. Rather, the bankruptcy trustee is responsible for the day to day operations for each bankruptcy case. The bankruptcy trustee is a representative for the creditors, not the debtor. As such, they are looking out for the creditors’ ...
    Categories
    Bankruptcy Law
  6. Alternatives to Bankruptcy

    by , 10-07-2011 at 07:10 PM
    Consolidating debt allows the debtor to repay all debt to a single creditor. This usually allows an individual to lower interest rates on current debts to a single, lower interest rate. Debts may be consolidated to a low interest credit card, a debt consolidated loan or a home equity line.

    When the debtor is threatened with bankruptcy, creditors become more likely to agree with the debtor to recongigure the current repayment agreement. Creditors may agree to lower interest rates, lower ...
    Categories
    Bankruptcy Law
  7. The Bankruptcy Process of Chapter 7 and Chapter 13

    by , 10-07-2011 at 06:45 PM
    A Chapter 7 bankruptcy case begins when the debtor files a petition with the bankruptcy court in the area where the debtor resides. When the debtor files the petition, he or she must pay a case filing fee and a miscellaneous administrative fee. These fees must be paid for a bankruptcy under any Chapter, but the case filing fee differs depending on under what chapter the case is filed. With the petition, the debtor must also file with the court a schedule of assets and liabilities, a schedule ...
    Categories
    Bankruptcy Law
  8. Chapter 7 vs. Chapter 13 Bankruptcy

    by , 10-07-2011 at 06:42 PM
    Individuals typically prefer Chapter 7 bankruptcy because it is easier. Chapter 7 has strict qualification requirements because it allows the debtor to be free of most debts even if their current assets will cannot pay back all debts.

    Assuming an individual qualifies for Chapter 7, what are the advantage of filing for Chapter 7 over Chapter 13?

    Chapter 7 is appropriate if the debtor is unable to pay debts via a repayment plan.

    If a debtor needs quick ...
    Categories
    Bankruptcy Law
  9. Types/Chapters of Bankruptcy

    by , 10-07-2011 at 06:01 PM
    There are several different types of bankruptcies. The first basic difference is voluntary and involuntary bankruptcy. These two types of bankruptcies are exactly what their names suggest. A voluntary bankruptcy is when a debtor voluntarily files a petition of bankruptcy, commencing the bankruptcy proceeding on his or her own. An involuntary bankruptcy is when a creditor, or multiple creditors, initiates the bankruptcy proceeding.

    Once bankruptcy proceedings have been initiated, ...
    Categories
    Bankruptcy Law
  10. Tips on Dealing with the Consequences of DUI

    by , 10-04-2011 at 06:08 PM
    If this is the first time you have been charged with DUI (“Driving Under the Influence”), you are probably wondering what in-fact are the consequences. This is understandable; most people are unfamiliar with the Criminal Justice System until they become a part of it. A general overview of the consequences is as follows, but a more specific overview is provided in another sections of this site. DUI penalties, although different from state to state, tend to depend on whether you have been convicted ...
    Categories
    Criminal Law , DUI/DWI
  11. Consequences of DUI (OWI) in Iowa

    by , 08-30-2011 at 06:25 PM
    The punishment for an OWI depends on whether it is your first or third offense, whether you are at least 21 years old or not, and whether you are driving under a commercial license or not.

    1ST
    Your first OWI is a serious misdemeanor. Accordingly, there are several punishments you can receive. You can be imprisoned in the county jail from 48 hours to one year. In addition, the fine for a first-offense OWI is $1250. However, an alternative to the $1250 fine would be to complete ...
    Categories
    Criminal Law , DUI/DWI
  12. Iowa OWI Legal Process/Court Procedures

    by , 08-30-2011 at 05:38 PM
    There are several steps of the court procedure that you will go through. Although recommended, it is not required for you to have an attorney.

    ARRAIGNMENT
    First is the arraignment which is the first hearing in front of the judge about your arrest for OWI. The judge explains the OWI charge(s) against you and the options of pleading no contest, not guilty, or guilty. No contest means that you are neither affirming nor denying that you were OWI, and the judge will usually find you ...
    Categories
    Criminal Law , DUI/DWI
  13. Overview of Copyright Protection Law

    by , 08-24-2011 at 03:01 AM
    Copyright protection applies to any original work of authorship, fixed in a tangible medium of expression. Copyright law does not protect functional aspects of works as that falls to patent law. Copyright law cannot be used to protect any work of the United States Government, i.e. NASA pictures, Supreme Court opinions, or Navy battle plans. Any work prepared by an officer or employee of the United States Government as part of that person’s duties may not be copyrighted. Unlike patent law, here it ...
  14. Are Antidepressants Causing Birth Defects?

    by , 08-24-2011 at 12:42 AM (Random Legal Thoughts)
    Sertraline is made by Pfizer and basically, the generic name for Zoloft. It’s part of a very popular class of anti-depressants called SSRIs (or selective serotonin re-uptake inhibitors). To give you an idea of the footprint of this drug, Zoloft alone had a little less than 30 million users 5 years ago. Because of its popularity, a lot of independent research has been conducted in relation to its safety and some of the findings have been shocking.

    In a myriad of studies, the use ...
  15. Penalties for DUI In Arkansas

    by , 08-23-2011 at 12:49 AM
    After a conviction of a person’s first driving while intoxicated offense, that person will be jailed for 24 hours to a year. The driver may perform public service in place of jail time. The driver can be fined anywhere between $150-$1,000 and will also have to pay all fees associated with conviction, such as probation and the interlock device. The driver’s license will be suspended for six months and may even occur prior to conviction. The driver will also have to attend a mandatory alcohol education/treatment ...
    Categories
    Criminal Law , DUI/DWI
  16. Why it is important to hire a specialized DUI attorney to handle a DUI case

    by , 08-23-2011 at 12:47 AM
    DUI law is especially complicated because it involves very specific rules and very specific science. Attorneys that specialize in DUI will know exactly what the state is allowed to do and not do. When the officer pulled you over and charged you with DUI, the Constitution to the United States was implicated along with state laws. The officer must meet specific evidentiary hurdles to be able to lawfully stop you, lawfully arrest you, and he must also follow specific procedure during the entire ...
    Categories
    Criminal Law , DUI/DWI
  17. Miscellaneous Legal DUI Concepts in Alabama

    by , 08-20-2011 at 09:49 PM
    PRE-ARREST DUI SCREENING

    Alabama has the implied consent rule. By operating a motor vehicle, you automatically have consented to breath, urine, and/or blood tests to determine alcohol concentration or to determine the presence of a controlled substance in your body.

    BREATHALYZER

    If an officer has a reasonable suspicion that you are operating a motor vehicle while intoxicated, he may request that you take a breathalyzer test. This test will measure the alcohol ...
    Categories
    Criminal Law , DUI/DWI
  18. Summary of Penalties for DUI In the State of Alabama

    by , 08-20-2011 at 09:43 PM
    The punishment for a DUI in Alabama depends on whether it is your first or subsequent offense, whether you are at least 21 years old or not, and whether you are driving under a commercial license or not. Regardless of how many DUI convictions you have, there are also the penalties of community service, driver safety education courses, and rehabilitation programs that the judge can assign to you at her discretion.

    1ST
    If this is your first DUI conviction, then you will either be ...
    Categories
    Criminal Law , DUI/DWI
  19. Trial Process for a DUI in Alabama

    by , 08-20-2011 at 08:28 PM
    COURT PROCEDURES

    There are several steps of the court procedure that you will go through in an Alabama DUI Case. Although recommended, it is not required for you to have an attorney. If you were arrested by a municipal officer, then your appropriate court would be municipal court where the arrest took place. If you were arrested by a deputy or state trooper, then your appropriate court would be the district court where the arrest took place.

    ARRAIGNMENT

    ...
    Categories
    Criminal Law , DUI/DWI
  20. Defenses to a DUI in Alabama

    by , 08-20-2011 at 08:17 PM
    Here are some defenses you can raise at court to have the judge rule in your favor and not convict you of a DUI in Alabama.

    Unlawful stop and arrest—you cannot be stopped by an officer unless he has a reasonable suspicion to believe you are driving under the influence. So if you were stopped because of an anonymous person reported you were drunk, because you were weaving inside a lane, or if you were driving on a private roadway, then the stop was unlawful. In these situations, an ...
    Categories
    Criminal Law , DUI/DWI
  21. Overview of Copyright Law

    by , 08-19-2011 at 01:46 AM
    Copyright protection applies to any original work of authorship, fixed in a tangible medium of expression. Copyright law does not protect functional aspects of works as that falls to patent law. Copyright law cannot be used to protect any work of the United States Government, i.e. NASA pictures, Supreme Court opinions, or Navy battle plans. Any work prepared by an officer or employee of the United States Government as part of that person’s duties may not be copyrighted. Unlike patent law, here it ...
  22. Copyright Frequently Asked Questions

    by , 08-19-2011 at 01:32 AM
    1) What is a copyright?

    A copyright gives a person ownership over the thing he/she creates. They cover literary works such as books, paintings, computer software, etc…. A copyright does not cover facts, ideas, processes (ex: directions or recipes), or unfixes works (ex: a “jam session” which isn’t recorded). Having a copyright gives the creator the right to control it.

    The creator/author is in charge of the reproduction, distribution, and adaptation of the work. ...
  23. Debt Collection

    by , 08-13-2011 at 08:10 AM
    If you are falling behind your monthly debt payments, a debt collectormay contact you to collect the debt on behalf of your creditor. Fair Debt Collection Practices Act (FDCPA), enforced by the nation’ consumer protection agency The Federal Trade Commission (FTC), prohibits debtcollectors from using unfair, abusive, or deceptive practices while collecting the debt from you.

    To the FDCPA, a debt collector can be anybody who regularly collects debt. It may be a collection agency, ...
  24. Chapter 7 and Chapter 13 Bankruptcy Process

    by , 08-08-2011 at 09:51 PM
    Chapter 7 Bankruptcy Process:

    Chapter 7 bankruptcy can be initiated either voluntarily (filed by debtor) or involuntarily (filed by creditor). Once a petition is filed in the appropriate Bankruptcy Court, most collection actions against the debtor are automatically stayed (stopped). A trustee is then appointed to supervise the bankruptcy proceeding. One to two months after filing, a meeting of the creditors is held to determine eligibility and meet with the debtor to ensure the debtor ...
    Categories
    Bankruptcy Law
  25. Should I hire a bankruptcy attorney?

    by , 08-08-2011 at 06:29 PM
    It is possible to file for bankruptcy without an attorney but it is not advisable. Bankruptcy law is complicated and an improper application of the law can adversely affect your case. A case may be dismissed or even worse, creditors may get more than they are entitled to. While trying to save money from not hiring an attorney, the debtor can lose more money by not having the proper protection from creditors. If a debtor were to choose to proceed without an attorney, they should at least consider ...
    Categories
    Bankruptcy Law
  26. Most Common Chapters of Bankruptcy

    by , 08-08-2011 at 05:15 PM
    Chapter 7 bankruptcy is known as liquidation bankruptcy because all of the debtor's non-exempt property is sold to pay off creditors. Chapter 7 essentially wipes a debtor's financial slate clean even if the debtor's current assets cannot pay off all debts. It is an effective for individuals or businesses that need relief from debt they will not be able to pay off but it is intended to be used on a limited basis.

    Chapter 11 bankruptcy is for business debtors. The debtor continues to ...
    Categories
    Bankruptcy Law
  27. Definition of Fraudulent Conveyance and How To Avoid It

    by , 08-08-2011 at 04:53 PM
    A transfer or conveyance is fraudulent if a debtor transfers an asset to a third party in order to place an asset out of the creditors reach. Generally, under state law, creditors may set aside or prevent Fraudulent Conveyances to third parties. In Bankruptcy proceedings, a trustee has the power to set aside or recover the fraudulently conveyed asset if the conveyance occurred within 2 years of filing a bankruptcy petition.

    In order to avoid making a fraudulent conveyance, the debtor ...
    Categories
    Bankruptcy Law
  28. Know How to File a Lawsuit against Debt Collection Agency for Harassment

    by , 08-08-2011 at 06:30 AM
    If you are missing to make your debt payments and feeling apprehensive that your lenders might sell the debts to a collection agency, then you do have reasons to worry. The collection agency doesn’t have the power to put you behind the bars, but they can certainly drive you crazy by repeated phone calls, millions of mails and billions of e-mails. Debt collectors often bend or break the rules of collecting debt and sometimes stoop to such an extent that collection efforts turn into sheer harassment. ...
  29. Eligibility requirements for bankruptcies

    by , 08-07-2011 at 06:29 PM
    The eligibility requirements for a chapter 7 filing are as follows:

    1. The debtor is an individual, partnership, or a corporation or other business entity;

    2. An individual debtor who is above the median income for his/her state must pass the means test;

    3. An individual cannot file for bankruptcy if during the last 180 days, a prior bankruptcy petition was dismissed due to the debtor’s failure to appear before the court or comply with court orders, or ...
    Categories
    Bankruptcy Law
  30. The Difference between Secured Debt and Unsecured Debt

    by , 08-07-2011 at 06:05 PM
    Secured debt is when there is an underlying asset, or collateral, on the debt. Assets that support a debt are called security. If the debtor defaults on the debt, the creditor has the right to seize the security. A secured claim is a claim where the creditor has the right to take back certain property if the debtor does not pay his or her debt. Perhaps the clearest example of a secured debt is a home mortgage. With a home mortgage, a bank, or other financial institution, makes a loan to the ...
    Categories
    Bankruptcy Law
  31. What is Family Law? Family Law Overview

    by , 08-02-2011 at 11:24 PM
    To simply state, when one thinks of family court, marriage, divorce, adoption, domestic abuse, child abuse and other related topics generally come to mind. Family law also covers rules for living together, prenuptial agreements, alimony, and mediation, along with the laws on domestic violence, child support, child custody and visitation, adoption, same-sex marriage, elder care, and senior law. All of these issues, and more, are addressed in family law. Family law is ruled largely by statute varied ...
    Categories
    Family Law
  32. Summary of Employment Law in the United States

    by , 07-30-2011 at 02:55 AM
    Employment law is governed under both federal and state law as well as administrative regulations and judicial precedent. It deals with both employer and employee actions, rights and responsibilities. The enforcement body is the Department of Labor on both the federal and state level. The Department of Labor promotes the welfare of the job seekers, wage earners and retirees of the US.

    Workers claims include employment discrimination, unemployment compensation and workers compensation. ...
    Categories
    Employment Law
  33. Domestic Violence: Battered Woman Syndrome (BWS)

    by , 07-28-2011 at 10:58 PM
    Prior to the women’s reform movement in the 1970s, women who sought protection from abusive partners were offered little remedial measures by the courts. The lack of protection for battered women was highlighted when they ended up killing their abusers, as evidenced by the imposition of harsh criminal punishments. The limited success of the women’s movement in the area of law reform for battered women is illustrative of the country’s laissez-faire attitude about domestic violence. Throughout the ...
    Categories
    Criminal Law
  34. Different Chapters of Bankruptcy Law

    by , 07-28-2011 at 07:42 PM
    Bankruptcy was created to give debtorsa second chance. Depending on the type of Bankruptcy, the debtor’s debt mightbe discharged or restructured. Chapter Seven (7) bankruptcy is the generaldischarge. All of the debtor’s debt is discharged, except for “legalobligations” such as alimony and child support.
    Chapter eleven(11) bankruptcy is for restructuring of businesses. The bankruptcy courtwill determine what property is necessary for maintaining the business and whatis not. Those that are ...
    Categories
    Bankruptcy Law
  35. Divorce in New York

    by , 07-26-2011 at 03:25 PM
    New York offers seven ways for a person to file for divorce. Most of these fall under fault-based divorce. Fault-based divorce places someone at blame for the breakup of a marriage. These marriage break downs are usually attributed to reasons of abuse and infidelity. Many times the person at fault in these divorces ends up having to pay a larger percentage of money in a divorce settlement. Until recently, New York State had one of the strictest divorce laws in the country, offering no option ...
    Categories
    Family Law
  36. Issues Surrounding Family Law

    by , 07-26-2011 at 05:12 AM
    Adoption laws are a subset of family law. One issue that adoption laws in the states clarify is whether an adopted child can find out the identity of his or her birth parents. Some states protect the privacy of birth parents by sealing the adoption records. The records can then only be opened if the birth parents agree to it. Other states allow an adopted child to have access to the records. Some states require that a child reach a certain age before being able to view the records. Domestic violence ...
    Categories
    Family Law
  37. How To Spot a Good Family Law Attorney

    by , 07-25-2011 at 10:52 PM
    To be successful in the area of family law, one has to want to help others, and also needs to be knowledgeable with the state code pertaining to family law where one is practicing. Every state is different, and it will be up to the individual attorney to specialize within their practice state, as opposed to trying to practice in multiple states. However, multistate issues will arise, so it is well founded for the attorney to have contacts in other states or to be proficient at research. The attorney ...
    Categories
    Family Law
  38. Legal Matters That Family Law Attorneys Can Handle

    by , 07-25-2011 at 10:45 PM
    Couples often come to family lawyers if they are in the midst of changing their family through marriage or children. This area of law encompasses all forms of marriage including common-law marriage, same-sex marriage, and civil unions or registered partnerships. The lawyer can inform the couple of the requirements for getting married, what makes a marriage valid in the law, explain how joint ownership of property through marriage works, and help them develop a pre-nuptial agreement to protect any ...
    Categories
    Family Law
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