By: Jay Anderson
In the USA today there have been some dramatic changes made in relation to the Bankruptcy Law. It is important therefore that all should know what these changes are just in case one finds themselves in a situation where they are required to file for bankruptcy.
But first let us take a look at the kinds of bankruptcy that one is able to file for, then later on, we will take a look at the changes that have been made to the bankruptcy law.
Chapter 7 - Of all the types of bankruptcy one can file for this is the most commonly used. Once a person files for Chapter 7, a trustee is appointed who will oversee the property and assets of the person who has filed for bankruptcy. If they can, they will obtain some of the person's assets in order that they can be sold off and then the money raised is used to pay back the person's creditors. Often after filing a Chapter 7, a person will discover that most of their debts will have been cancelled in their entirety, although many do not realize that not all types of debts are wiped out.
Chapter 11 - Often Chapter 11 is used by businesses who wish to file for bankruptcy, but on occasions, some individuals may choose to use this as well. But it is very rare because Chapter 11 is extremely costly to file for and also is very complex to deal with. Plus the only people who are likely to use this form of bankruptcy filing are those as individuals whose debts are above the limits set for a Chapter 13 filing (which we look at next). But for a business who files for Chapter 11 it, means that they are still able to operate as a going concern yet are sheltered from some of its debts as well.
Chapter 13 - Through a Chapter 13 a person will come up with a proposed repayment plan to pay back all their creditors. The court will then appoint a trustee just as they do with a Chapter 7 and it is this person who will collect the payments from the person who has filed a Chapter 13 and then pay these to the creditors. The main role of the trustee appointed to a Chapter 13 bankruptcy filing is to ensure that the person complies with the repayment plan that has been put in place at all times. Note that in this case, your debts are not wiped out.
Above we have explained a little bit about the kinds of bankruptcy one is able to file for in the USA today. Now we are going to take a look at the changes that have taken place recently with regard to the bankruptcy law. The first one relates to the filing for a Chapter 7 bankruptcy. Today no longer can someone whose income is above the state's recommended median be able to file a Chapter 7.
Before a person is actually able to file for Chapter 7, they will first have to undergo a means test to see what their income actually is in relation to the state's median. If it is found that their income is higher than this, then they will instead have to file a Chapter 13.
As well as the income limit restriction, anyone who wishes to file for Chapter 7 will actually have to undergo credit counseling before they can actually file their case with the court. Also as part of the new bankruptcy law, a person will need to also undergo additional counseling relating to learning how to control their budget and also the right way of managing the debts that they have. It is only after a person has participated in such counseling then the decision to whether the debts will be cancelled or not is made.
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About The Author
For more insights and additional information about Bankruptcy Law as well as getting a free bankruptcy evaluation from a bankruptcy attorney local to you, please visit our web site at www.bankruptcy-data.com
Wednesday, April 2, 2008
Getting A Handle On Bankruptcy Law
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5:55 AM
Before Hiring The Wrong Personal Injury Lawyer Ask 10 Questions!
By: Jon D. Alexander, Esq.
1. How many years have you practiced law? Your prospective attorney should not be a novice. Younger attorneys, however, might be utilized to perform some of the work on your case but they should not be given full case management authority.
2. Do you have malpractice insurance? Attorneys, like other professionals, should maintain a policy of professional malpractice insurance. Accidents and mistakes do happen, and a wise attorney will recognize this probability (even if very unlikely) and protect himself and you with a sizeable malpractice policy.
3. Have you taken cases like mine to trial or settlement, and if so, how many? An accomplished attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney's experience and skill.
4. What percentage of your practice is devoted to cases like mine? The prospective attorney should spend at least 75% of his or her time on cases like yours.
5. Who will be working on my case, you or junior associates, and if other individuals will be working on my case can I meet them as well? Oftentimes attorneys utilize the indispensable aid of younger, more inexperienced attorneys. Their help can save costs, but you should ask to meet them. While you may feel overwhelmed or confused by the subject matter, do not underestimate or neglect your judgment when evaluating an attorney candidate or his employees.
6. Do you have a policy regarding communication with clients, for example if I call with a question and leave a message, will you make your best efforts to contact me within 24 hours? One of the most common complaints from clients is that attorneys routinely neglect to return calls. Make sure that your attorney explains his policy regarding phone calls. And get his response or policy in writing within your retainer agreement if possible.
7. How will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs? The answer to this question will demonstrate the time and "bed-side" manner of your attorney. These questions are often time consuming even though very important. Your attorney should explain to you, in detail, all of the above subject matter areas thoroughly. By expressing your willingness to be involved in the case you will set the tone that you want to be involved in your case and are willing to learn.
8. How do you think my case should handled, that is, do you have a set strategy for cases like mine? Again, this question will demonstrate (1) whether your prospective attorney is familiar with your case's subject matter and (2) his organizational skills.
9. What is the likelihood of a quick settlement or trial? Beware the attorney who promises a quick settlement or trial. However, your attorney should be able to provide a well reasoned estimate of the time necessary to reach disposition of your case.
10. What is the best way for me to help you in order that we reach a successful outcome in my case? And, most importantly, in your expert opinion do you believe that I have a case or is my situation just one of those unfortunate cases with no real chance of recovery? (This question should be asked with the knowledge that terrible things do happen and sometimes there is no legal recourse). Not all wrongs have a legal remedy. Your attorney might recommend that you not pursue your case. This is probably the most important question to ask and the most difficult answer to hear, but a quality attorney will provide you an action plan to handle your case that outlines your participation and the likely chance of victory.
Take your first step now; contact a personal injury attorney at http://www.personalinjuryresourcecenter.com. The attorneys listed here are ready, willing, and able to answer your questions, provide expert advice and take on your case today.
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Retaining an attorney can be a daunting task, before employing the incorrect candidate visit us to find competent personal injury lawyers who have the resources, skills, and desire to accept your case now. Powered by the Internet Marketing Boutique
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5:53 AM
How To Get Rich With The Secret Law Of Attraction Club
By: Matthew Loop, DC
Right now I'm very excited and thankful for the incredible DVD, "The Secret." Rhonda Byrne and the other teachers from the movie are true proponents of empowerment! When I first watched the movie, things I'd been investigating from a spiritual and scientific aspect instantly fit together. Immediately, I became motivated to apply the Law of Attraction to bring things into my life that are worthy of my creation!
Following my epiphany, it was clear what I needed to do. I had to delve deep into my current programming regarding my attitudes, values, beliefs, etc.. Aside from that, I had to evaluate my conscious and subconscious mindset. I was able to take swift and instant action while talking ownership of my previous, uncritically accepted way of thinking. Subsequently, I started to eliminate all resistance from my surroundings and construct empowering attitudes, beliefs, values, and relationships. This was performed by making use of simple strategies and incredible insight from "The Secret" and their amazing "Science of Getting Rich" Seminar. For example, when I first wake I think about all that I'm thankful for and construct my day like I believe we were originally intended to do. My intention is to think, speak, use my will, and visualize positive situations and manifestations into my life every day. In my car I listen to "The Science of Getting Rich" program every day to hammer the life-changing concepts into my subconscious mind.
My intentions are coming to fruition at light-speed since learning how to harness the power of the Law of Attraction through The Science of Getting Rich program!
* My first non-fiction book, "Cracking the Cancer Code," was written within just months after watching the powerful DVD! I could hardly believe how easily the ideas and words kept coming to me like a waterfall.
* An enormous jump in my patient-base and cash collections has occurred in just the last 90 days at my Atlanta office!
* I continue to attract successful business ventures very rapidly, now having multiple streams of income. Since I firmly believe that coincidence is really attractor energy working for me, I consistently have been able to draw prosperity and abundance into my life!
At this point in time, having learned to harness the power of the Law of Attraction, I strongly believe I'm in a better state of harmony with creative Source of the universe. As a very spiritual person, I'm thankful for the continuing knowledge that has come to me after relating with these thought leaders who continue to share the secret and empower thousands. You have no idea how happy and peaceful my life has become and for that I thank you!
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Have you ever wondered how to use The Secret Law of Attraction to turn your annual income into your monthly income? Bob Proctor and other Secret teachers give you The Science of Getting Rich in order to begin living the life you deserve.
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5:48 AM