Can you file Chapter 13 or Chapter 7 Bankruptcy?
With the economic downturn more individuals and families are researching their financial options, reviewing bankruptcy information and wondering if they can qualify to file Chapter 13 or Chapter 7 Bankruptcy. Asking, “can I file bankruptcy?”, is no more after we explain the bankruptcy basics.
Chapter 7 vs. Chapter 13 Bankruptcy
Filing Chapter 7 Bankruptcy
Chapter 7 Bankruptcy is considered a liquidation bankruptcy. It is available for individuals, married couples, corporations and partnerships. Unlike Chapter 13 Bankruptcy, which allows individuals to restructure and repay a portion of their debts, Chapter 7 Bankruptcy allows a trustee to gather assets that are not exempt from the Chapter 7 Bankruptcy process, sell the assets and use the money from the sale to repay creditors.
Many debtors have bankruptcy questions. Will their house and cars be sold? What assets are not part of the bankruptcy process? Do they need a bankruptcy lawyer? Most debtors should consult with a bankruptcy attorney to discuss their bankruptcy questions and gather bankruptcy information. State laws vary and bankruptcy assets which are protected in the Chapter 7 and Chapter 13 Bankruptcy process can vary by state.
What happens after the Chapter 7 Bankruptcy discharge? Most qualifying debts can be discharged within 4 to 6 months unless creditor’s file objections to the Chapter 7 Bankruptcy discharge. Keep in mind, not all debts are discharged by filing Chapter 7 Bankruptcy, and not all debtors qualify to file Chapter 7 Bankruptcy. Read more
Finding a Personal Injury Attorney for a Car Accident
If you are one of the estimated 40,000 individuals who have been injured in a car accident, you may be entitled to compensation for your common car accident injuries. Finding the right personal injury attorney for your car accident does not have to be difficult. Personal injury lawyers help hundreds of drivers every year file personal injury claims.
Can I file a Personal injury Claim following my Car Accident?
Car accident lawsuits can be confusing. Whether or not you can file a personal injury claim may depend on whether or not you live in an at-fault or no-fault state.
At-Fault States vs. No-fault States
If you live in a fault-state compensation for your common car accident injuries will be based on a traditional tort liability system. This means the insurance companies will determine who was at fault and pay the drivers accordingly.
What if the car insurance company does not fully compensate you for your car accident injuries? You have the legal right to file a car accident lawsuit against the other driver and attempt to win more compensation for your lost wages, medical costs and non-economic damages.
Winning a car accident injury case will be similar to winning another personal injury claim. You must prove breach of duty, the defendant’s negligent actions were the proximate cause of your car accident injuries and you suffered actual damages or loss.
Determining damages in a car accident injury also gets more complicated. Depending on your state, damages in a car accident injury are awarded based on contributory negligence, pure comparative fault, comparative fault at 51% or comparative fault at 50%.
If you have decided to file a car accident lawsuit, contact a personal injury lawyer. Car accident attorneys can review the facts of your car accident, negotiate with the claims adjustor and determine if you were partially, completely or totally at-fault. Read more
How Disability Attorneys Help in the Disability Process
Disability claimants can win disability benefits without the assistance of a SSDI attorney, but if you have been denied SSDI benefits, if you have disability questions or you want to speed up your disability claim, a SSDI attorney may be able to help.
Up to 70% of disability claimants are denied at the application level. If you are denied, a SSDI attorney can review your Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) application and complete an appeal of the disability denial within the specified time frame.
How can a disability attorney speed up your disability claim?
Why are disability claimants denied SSI or SSDI disability benefits? They simply do not understand the disability process, and many disability claimants are simply too sick, given their severe mental or physical health conditions, to complete all the necessary tasks in the disability process. How can a disability lawyer help you speed up your disability claim?
- SSDI attorneys can file all SSI and SSDI appeals. They can review your medical records and ensure that all of the necessary information is included.
- SSDI attorneys can review your medical conditions to determine if they automatically meet a listing on the SSA Listing of Impairments, which is a list of conditions the SSA considers automatically disabling. “Meeting a listing” is the fastest way to speed up the disability process.
- SSDI lawyers can subpoena records, if necessary, from doctors or hospitals that have not cooperated with the SSA’s request. You have the right to copies of your medical records and a SSDI attorney can help make sure they are sent.
- Disability lawyers can attend your administrative hearing, answer the judge’s questions, and build a strong disability benefit case outlining why you are unable to perform your current job, past work or retrain for new work.
Benefits of Hiring a SSDI Attorney
Disability lawyers process hundreds of disability claims each year. Disability attorneys understand how to read medical records, how to argue cases in court, how to navigate the complex judicial processes, and can give you the best chance to win SSDI benefits as quickly as possible, and best of all, they are not paid unless you win your SSDI benefits.
How is a SSDI Attorney Paid?
One of the most common disability questions is, “How is a disability lawyer paid?” If you have not worked in several months you may be wondering how you will be able to afford a SSDI attorney. Read more
Criminal law as a necessary evil
Criminal law is a means of social control formalized through legal rules aimed at the suppression of behaviors described as intolerable. Indeed, in its role as asset protection legal [1] suppresses only the most intolerable behavior-last resort, by imposing more severe sanctions comprehensive legal system, leaving aside the less important unlawful conduct administrative law sanctioning or scope Civil law [2].
The legal rules governing social control in the criminal justice system are generic and abstract theoretical constructs expressed in policy statements called criminal types, which comprise a set of facts (typical description) and a legal consequence (punishment), rules in the Special Part of Penal Code. Read more
The laws and the current world situation
In this article I will quote some words that I read Dr. Gerardo Villacreces Carbo about how laws should be changed depending on your current situation, as the government should support more models trade and stop defending some kind of ideology.
Then the words of Dr. Gerardo Villacreces Carbo:
“The laws not only to be fair, but must conform to the present time .- At the moment we see to some extent with amazement, as the world increasingly closer together for economic and commercial, breaking with the old concepts of separation on grounds of political or boundaries .-
Thus we see for example, as China rises powerfully to the world, regardless of political ideology, or as with the internet and there are no boundaries, it appears that commercially speaking borders are now more mental than physical. Read more
Tips for being a good labor lawyer
A labor lawyer working with the unions, corporations and government agencies to interpret complex labor laws. Anyone can start a career as a labor law attorney, after completing the entire law school.
An internship in a law firm, a corporation or a union can increase the value in legal education. It is also possible to become labor lawyers who work for unions whether natural or legal. You can also make a career in law in a labor lawyer to oversee the creation and implementation of policy work.
The first step for those who want to be lawyers job is to finish his law degree. In this case, studying history, political science, and communications can develop legal skills. Read more
Brief reflection on the 2010 labor reform
The first court order to reflect its inability to provide answers that were defendants in the crisis that afflicts us, was the commercial. Specifically concerning its functionality to help companies in difficulty. And it was because of a poor standard, as we have wanted to see, to justify itsnew reform royalties paid to banks, creditors favor their professional position. If not for the poor implementation of the Bankruptcy Act itself.
Later it was the social courts who demonstrated their inability to take action in a timely manner to the huge labor problems inherent in the incessant slaughterbusiness, to the despair of labor lawyers and their clients. Endemic procedural delays and demand an incessant flow of funds from the wage guarantee fund to which those who claim their basic rights, labor rights.
Do you know what the rule applicable to Multifondos Convergence Pension?
For those who lack access to 5 years for recognition of the pension, is of utmost importance to have clear knowledge about the convergence rule applicable to Multifondos Pension Savings scheme within the individual.
Pension funds have applied this rule to protect the financial pension savings of members closer to pension age. This convergence rule is as follows:
Those approaching pension age, are placed by the AFP, who moved to their members a portfolio of low risk. It is very important to know what it is and how to apply this rule applicable to various investment portfolios managed by pension funds (or least conservative fund risk, fund and fund higher moderate risk).
The affiliate can find out what the AFP portfolio and what percentage will be placed or transferred the balance in your individual savings account, according to sex, when they are close to reaching the age required for the recognition of the pension.
The basic criterion that guides the implementation of that rule is that the older the member must maintain a higher rate of a minimum balance of individual savings account in the fund or conservative portfolio, ie the least exposure to risks arising from trading, which are supported in higher proportions in the portfolio of higher risk for younger members, as well as moderate risk for middle-aged members.
Dr. Marta Leiva Triana Leah is an attorney who graduated from the Universidad del Rosario in Bogota, Colombia with a whole professional life dedicated to the study and research of social law.
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Are you entitled to Annual Pension Adjustment?
If you are from people who care about the adjustment of your pension, then you need to know that this right is enshrined in our Constitution is also a guarantee of the right to “vital minimum” of all pensioners who, precisely because it of older people are subject to special constitutional protection, but may be allowed no differential treatment or discrimination between them. (Articles 13 and 53 of the Constitution)
And that this right is not limited only to update the pension payments, once granted the right, but involves and also includes updating or wage indexation basis for settlement of the first counter.
Did you know that indisputably pension adjustments are also applicable to the type of retirement pensions under the scheme scheduled Individual Savings Pension Fund, according to recent jurisprudence of the H. Constitutional Court?
For this type of pension management companies of private funds (AFP) must ensure not only the minimum yield, as provided in Article 60, paragraph e) of Act 100 of 1993, but must avoid both the capitalization available balances in the accounts of pension savings and the loss of purchasing power of such pensions have also been caused and recognized legal form. These administrative bodies should also be avoided at all costs that are affecting the subsistence minimum for pensioners in this type of retirement savings scheme programmed individually according to the guidelines of our high Constitutional Court.
Dr. Marta Leiva Triana Leah is an attorney who graduated from the Universidad del Rosario in Bogota, Colombia with a whole professional life dedicated to the study and research of social law. Read more
Safety and security measures for victims of gender violence.
all women victims of domestic violence who request immediate legal aid specialist 24 hours.