Bankruptcy Laws And How They Change

By: Letha Lashley

Even though most people don't consider themselves at a financial risk for bankruptcy, the sad statistics are that today more and more people are heading that direction. In fact, the various forms of bankruptcy such as chapter 7, chapter 13, and even chapter 11 are becoming a more popular financial out for people and businesses each and every day.

Congress was the body of lawmakers that decided that the U.S. bankruptcy laws were in need of uniformity and as such they implemented Federal bankruptcy laws that the states are obligated to conform to. Although each state can have its own set of bankruptcy laws there are some basic statutes mandated by the U.S. government that all must follow. These bankruptcy codes have been put in place to help people relieve themselves from financial burden and to cease engaging in financial self destruction.

At the time of this writing there are currently four different chapters to the bankruptcy code. For example, you may be familiar with the bankruptcy term Chapter 7 bankruptcy. The chapter 7 part is the section of code or the statutes that address the rules and regulations of Chapter 7 bankruptcy.

The different bankruptcy chapters such as the ones mentioned above are the details to the various statutes of the bankruptcy codes (such as chapter 7). Each of the various chapters have their own particular nuances as to how the financial burden is relieved and what procedures must be followed in order for that debt to be relieved. In addition there are also stipulations and regulations set forth that the involved creditors must abide by.

Even though there are Federal bankruptcy statutes that each state must follow, each state can still pass its own laws concerning the execution of the bankruptcy proceedings. This as long as these local state laws still fit within the framework of the Federal. In other words, states have the power to establish law concerning bankruptcy but not complete autonomy in doing so.

Keep in mind however, that even thought the states can't change or amend the basic intent of the core bankruptcy laws, they do have the latitude to interpret how the filings take place and how the laws should be applied.

If you've not considered the dynamic nature of statutes, you would be well advised to. Bankruptcy statutes (just like all statutes)are dynamic in nature. They can and do change at the local (and Federal level)based on the lawmakers either adding amendments to the current statutes or adding completely new sections to the chapters themselves. Because of this it would be a good idea for anyone considering taking the bankruptcy route to consult with the appropriate counsel.

Any change to the base bankruptcy laws of the U.S. will be originated from Congress itself. An example of such came with the filing requirements of a Chapter 7 bankruptcy. This particular changed effected the primary rules for the filing in that it added additional burden of proof on the person filing to have met the specific criteria and as such would have the right to file for bankruptcy.

With this change, the person seeking relief from the bankruptcy courts will only be approved for filing once they have completed a court approved financial and bankruptcy session. With the ever growing number of people seeking relief from debt via the bankruptcy system, this amendment was added to help ensure that the person filing was truly in a financial dead end and not someone who had just incurred a great deal of debt with no intention of paying it off.

Article Source: http://articles.directorygold.com


For more information on banruptcy codes, be sure to visit onwebnet.com where you'll find information on topics such as bankruptcy laws, chapter 7 bankruptcy, bankruptcy filing & more

Us Law Doesn't Slow Poker Down

By: Robert Shiloh

4 years ago, online poker really started to boom. After reading countless poker books and playing the game for hundreds of hours online, one individual decided to publish his own book. The book had a highly controversial title, and sold thousands and thousands of copies.

"Book sales opened the door for bigger and better things. I started promoting certain key poker sites and before I knew it, I was receiving checks for tens of thousands of dollars on a monthly basis simply for referring players. Top poker affiliates are making well over $100,000 a month. This is possible because they already have highly successful websites that draw immense traffic. All it takes is posting a poker site link on your successful website and you are on your way to referring players. This is called affiliate marketing. However, it didn't take long before I realized I was still missing the boat being an affiliate. Starting an online poker room could be key."

Starting up, maintaining, and marketing an online poker room isn't cheap. It typically takes a commitment of millions of dollars. To survive and succeed in this market you must have player liquidity. This means when you want to play poker, there better be plenty of players and tables waiting for you to join their game. The best solution to this obstacle is to join a poker network. This is a series of online poker rooms that pool their players together into one online environment.

Some of the largest networks are OnGame and PlayTech. OnGame represents Poker Room, Hollywood Poker, Bwin, Chan Poker, EuroCoral Poker and more. PlayTech is known for Noble Poker, Titan poker, and more. Ironically, Coral and Euro Poker were originally on the Party Poker network. Party Poker booted them when they realized their software was running out of room to handle ALL of the players.

Online poker is a $6 billion dollar annual industry growing every day. Online gaming will be a $24 billion dollar a year industry by 2010. There have been some recent laws banning gaming in the US, but thanks to key broadband expansion on a global basis, these figures will hold true regardless of whether or not the US is allowed to be a part of the market. You can legally own and operate an online gaming site, even if you are a US citizen. 11 states in the US have further restrictions. Until the US law changes, you simply don't want to take US players. There's still plenty of other countries and citizens out there that you can legally sign up. Regardless, there are many businesses cashing in as a result of online gaming.

Article Source: http://articles.directorygold.com


For more information on how you can legally get involved with the online poker world, (U.S. citizen or not) Go To: www.pokerroomstartup.com

Lawyer Advertising Revealed: How To Find And Hire A Battle-hardened Personal Injury Attorney

By: Michael Patton, Esq.

Attorney advertising is everywhere--in the phone book, on the internet, in magazines, on television, and in every other type of media imaginable. Personal injury attorneys obviously account for most legal advertising. In fact, personal injury attorneys probably account for more popular media advertisements than all other types of lawyers combined. In an odd twist, however, most good personal injury lawyers (the ones with lots of trial experience and good reputations among the bar and with judges) have little need for expensive advertising. They don't need to advertise, because clients are referred to them. On the other hand, lawyers with limited trial skills who advertise heavily and give the impression that they are experienced saddle the legal profession with a bad name. They are the ambulance chasers.

The main problem with personal injury attorney advertising is that it is too powerful, which is not a new idea. The United States Supreme Court has ruled that attorney advertising can be so powerful as to warrant restrictions on its use, despite free speech guarantees in the federal Constitution. Indeed, every state bar association of which this author is aware places restrictions on attorney advertising to curtail its persuasive effect. But the fact that so many injured people continue to hire advertising attorneys is evidence that restrictions on advertisements are not working. Courts and bar associations are unlikely to place additional restrictions on advertising attorneys, so what else can be done?

This article attempts to do two things: (1) expose advertising attorneys and the personal injury industry and (2) educate the general public on how to find ethical, experienced, talented, and proven trial attorneys. But exposure of the industry and educational materials will be valuable only to the extent that they are not "drowned out" by the work of advertising attorneys. The point of this article is to provide much needed information to injured people in need of excellent legal representation--people who almost always miss the ramifications of hiring attorneys who are heavily advertised.

When attorneys advertise on television, in the Yellow Pages, or in other mediums, they incur high overhead expenses. In addition to high marketing expenses, advertising attorneys hire additional employees to answer phones, screen potential clients, conduct intakes (or "free consultations"), gather client records, and manage a large number of cases. As a result, advertising attorneys are under tremendous pressure to generate cash for payroll and advertising expenses.

The pressure to generate cash flow forces advertising attorneys to settle cases quickly. These lawyers are reluctant to take cases to trial, because trial can be a long and expensive process. Here's the rub: Insurance companies and defense attorneys know which personal injury lawyers are willing to take cases to trial and which ones have a reputation for settling cases quickly. As a result, insurance companies often "low ball" advertising attorneys. Advertising attorneys, in turn, are forced to recommend that their clients accept less than fair value for their claims. Most clients are easily persuaded to take what they can get, and the cycle continues.

On rare occasions, a client may simply refuse to settle. Advertising attorneys often refer those clients to skilled trial attorneys. At this point, it's important to distinguish between types of attorneys. Advertising attorneys are skilled marketers who spend time learning how to sell their services via advertising. An experienced trial attorney, on the other hand, is an expert advocate who spends time developing and honing trial skills and maintaining a good reputation with the local bar association. These attorneys are respected by insurance companies and defense lawyers alike, because they are not afraid to file suit and follow through with trial, which adds value to settlement offers out of the gate.

Now that advertising attorneys are exposed, here's how you can find a battle-hardened, ethical, and talented trial attorney:

Begin your search with an elite organization or association of trial lawyers. The American Board of Trial Advocates is a good example. Seek attorneys who hold leadership positions in this and other associations of trial lawyers.

Research attorneys on the bar association website for your state. Look for attorneys who are board certified in civil trial law (or in the specific field for which you need a lawyer).

Research attorneys on their personal or firm websites. Look for the jury verdicts obtained by the attorney you're considering.

Ask friends, family members, and other attorneys for personal recommendations.

Ask lots of questions at your consultations with attorneys. Make sure the attorney you're considering has handled a case similar to yours and ask about the outcome of that case. Let the attorney know that you're not asking for or expecting a guaranteed result for your own case. Also ask about the number of cases the attorney takes to trial each year and the percentage of cases that settle out of court. Here, you're looking for an indication that the attorney is willing to abandon settlement negotiations if they're not going well and proceed to trial.

Do not begin your search with the phone book or by calling an attorney advertised on television. Only call an advertising attorney after you've done your homework and determined that he or she is well qualified to handle your case and willing to take it to trial if settlement negotiations are unsuccessful. One final word to the wise, attorney referral services often simply rotate the attorneys they recommend. If you are referred to a personal injury lawyer by a friend, family member, other attorney, or referral service, you still need to do your homework.

Armed with this information, you are much more likely to find and hire an attorney who can and will add value to your personal injury case. Good luck!

Article Source: http://articles.directorygold.com


Michael Patton graduated from Vanderbilt University Law School in the top 10% of his class. He worked as an extern clerk for the Delaware Supreme Court and served as Associate Editor on the Vanderbilt Law Review. Michael's experience as a personal injury attorney prompted him to write What You Must Know (And Ask) Before Hiring A Personal Injury Attorney, which is available at www.TheInjuryAdvisor.com or www.FloridaCrashLaw.com