LegalFacts about Whiplash InjuryThe after effects of a car accident have left an accident victim worried about: * Loss of wages from being out of work * Worries about how to make ends meet while recovering * Mounting medical bills * Harassment from insurance companies to settle claims for almost nothing. Whiplash neck injury and back pain needs to be properly treated so that recovery can happen. If you, or someone you know, have been in a car accident, seek legal advice form an attorney so that they can take the load of dealing with your car accident claim off your shoulders. This will allow you to see chiropractic help immediately so that your soft tissue injury can be treated. There are many misconceptions about whiplash injuries. The following statements should help an individual understand this type of injury: Injuries from a rear end collision at 12 mph can cause injury. Statistically 22% of auto injuries occur when impacts were above 12 mph. Amazingly, 60% ... NY Dog Bite Law ExplainedNY Dog Bite LawExplained, in most situations where a dog owner has knowledge of the aggressiveness of his or her dog, they are liable for injuries inflicted by their dog. If the owner of the dog had no prior knowledge of the dog’s dangerous nature, the victim or their attorney must prove that the dog owner was negligent and subsequently responsible for the attack. In New York State there is the Dangerous Dog Statute where an injured dog bite victim can recover under the common law, as well as the Dangerous Dog Statute. A dangerous dog is defined as: Any dog that when unprovoked, approaches or menaces any person in a dangerous or terrorizing manner upon the streets, sidewalks or any public grounds or places. Any dog with a known propensity, tendency or disposition to attack when unprovoked. Any dog which bites inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property. When a dog is determined to be ... Bankruptcy for Small Businesses
The entrepreneurial spirit is one of the touchstones of American culture that has made our country so strong. The willingness of driven individuals to step out and risk their financial stability for the sake of a business they believe in has been a catalyst of our country’s growth. However, a recent study by the University of Nevada shows that one in seven bankruptcies are filed by individuals tying to cope with the failure of a small business. While corporations or partnerships cannot file for bankruptcy, Chapter 7 and Chapter 13 are often used by entrepreneurs who are trying to deal with personal and business debt. Since small businesses are unincorporated, they don’t have the same restrictions as larger corporations, which means that any business and personal debts are the responsibility of the business owner. So when a small business owner gets in over their head, the business doesn’t file for bankruptcy, rather the individual files. For small business owners who ...
Does My Chapter 13 Payment Change With My Income?
The decision to file for bankruptcy is not one to take lightly. With the multiple bankruptcy plans available and the changes to bankruptcy law that occurred in 2005, it is important to be an informed about options from various scenarios. If you are considering filing for bankruptcy but have concerns about what may happen should your income change, here is an overview of the facts. Chapter 13 is called the wage earner’s plan and allows people with a regular income to develop a plan for repayment of debt. Under Chapter 13, debtors propose a repayment plan to pay all or a portion of their debt over the period of five years, depending upon monthly income. Chapter 13 is eligible for people who are self-employed or operating an unincorporated business as long as the individual’s unsecured debts are less than $336,900 and secured debts are less than $1,010,650. There is no minimum debt requirement for Chapter 13. In most cases where the income is above median, Chapter 13 must run ...
What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy?
Being in debt can be a stressful, confusing, and often scary situation. It can feel like you are in a deep hole and all you want to do is climb out but creditors are continually throwing dirt down to bury you. Sometimes, the best option to get out from that hole and escape the wrath of creditors is by filing for bankruptcy. Bankruptcy can be a confusing process if you are going at it alone and many people are unaware that there are different options available when filing. There are two classifications of bankruptcy that individuals can file for: chapter 7 and chapter 13. Chapter 7 bankruptcy is referred to as a liquidation plan. In chapter 7 bankruptcy, debtors ask for the bankruptcy court to discharge most of the debts they owe in exchange for any property that is nonexempt from collection. There is no plan of repayment of debts as in chapter 13, however the debtors property that is collected by a trustee is sold with the proceeds used to pay creditors in accordance to Bankruptcy ...
New Bankruptcy Law Explained
On October 17, 2005, new bankruptcy law went into effect, changing the process of filing for bankruptcy throughout the United States. This new shift in law requires additional steps to be taken by the attorney and the debtor but has been geared toward benefiting the debtor. The following details explain the changes in the law and how they will affect anyone considering bankruptcy. Documentation The documentation required for filing for bankruptcy has been increased, asking the debtor to provide additional information thoroughly detailing all of their income and expenses. If expenses exceed the IRS allowance, a ‘special circumstances’ document must be submitted explaining the reasons for the extra expenses. A statement of accuracy must also be submitted with the special circumstances document. The additional documentation makes the task of filing take more time but provides more accuracy to a debtor’s financial dilemma. This could result in more debt relief. ...
Bankruptcy Property Exemptions
The process of bankruptcy offers debtors a clean slate when they are overwhelmed by financial burdens. Once a bankruptcy case is completed, however, the debtor will still need basic possessions and assets to move their life forward. Fortunately, the Bankruptcy Code recognizes these basic needs and provides a variety of property exemptions for debtors. If property is exempt, it will not be taken by the trustee and the debtors will be able to keep it through the bankruptcy. Under the bankruptcy laws, a debtor is required to submit a schedule or list of real and personal property they own as of the date the case is filed. In addition, they are required to list all property that they claim as exempt. The schedule must include a description of the property, specifying the law authorizing the exemption, and list the value of the exemption and its market value. This information allows parties involved in the case to evaluate the exemption claim and submit any legitimate objections within 30 ...
What Are Five Benefits of Bankruptcy?
Bankruptcy is not something to jump into haphazardly. Chances are, if you are considering bankruptcy, you have considered every option possible to dig yourself out of debt. If you are thinking about filing for bankruptcy, you aren’t alone. Last year 1,074,225 individuals and families filed for bankruptcy in the United States. A common misconception about bankruptcy is that it is a humiliating and miserable experience. However, many who experienced it tell a different story. Here are some benefits of filing for bankruptcy under Bankruptcy Code. 1) Bankruptcy restructures debt so it is manageable The vast majority of people who file for bankruptcy genuinely desire to pay back their debts, they are just financially unable to. Filing for bankruptcy gives debtors a monthly payment plan that is manageable according to their income. By filing for bankruptcy, it is a message to creditors to expect to receive less money in the repayment deal. 2) A third party steps in to administer the ...
Five Steps To Help Avoid Bankruptcy
According to a 2008 survey by the American Payroll Association, 71 percent of American workers are living paycheck to paycheck. If you are one of the many who live paycheck to paycheck, or if you have fallen behind, here are some tips that can help you get back on track: Develop a Budget It seems like a no-brainer, however developing a budget is fundamental to reaching your financial goals. Many people find themselves in debt not out of blatant mismanagement, but because they lack a plan. By creating a budget that accounts for every spending category and dollar that you spend each month, you can see where your money is actually going. By sticking to the budget, you can regain control and be sure that you financial plans are being fulfilled. Automatic Deduction Automatic deduction is a helpful way to stick to your budget is by allowing them to be paid directly from a checking account. By setting up automatic deduction, you can be sure that your bills are paid on time and in full. Cut ...
Protect Your Vehicle From The Repo Man With Bankruptcy
Falling behind on payments for any type of vehicle happens to the best of us. Sometimes life deals you adversity that you didn't expect. It may start with an unexpected medical bill, or a work related layoff or some situation that no one plans for in the budget. Trying to explain your situation to your loan company doesn’t help. They are in business for one purpose, to make money. Unfortunately, they are not going to tell you your legal rights in this situation. Most people think they are fine as long as they are not more than two months behind on the payment. The truth is that your car can be repossessed if you are even one day late on a scheduled payment. Once the lender has you car, under law, they can sell it and use the money to pay off your debt. What they won’t tell you is that there are federal laws to protect you in these situations. Federal Laws allow you to keep your car, 100 percent of the time, if (1) you file a Chapter 13 bankruptcy, (2) you need the car, ...
Debt Relief: What Are the Alternatives to Bankruptcy?
For the millions of Americans struggling with debt, there are a lot of voices that claim to help. Unfortunately, the variety and differences in the options can be downright disorienting. Here is a quick run-down on the options that you have to achieve debt relief. Debt Consolidation Debt consolidation simply means taking out a single loan to pay off a number of other loans. This method can simplify the process by requiring the debtor to only pay a single bill as opposed to keeping up with several. This single loan can offer a better interest rate than the ones before, which can help to pay off the loan faster. One of the risks of debt consolidation is that in order to obtain the loan, individuals must put up collateral in case they default on this single loan. More often than not, the collateral is their home. Additionally, most debt consolidation programs extend terms, which means though the monthly payment is lower, you are in debt longer, thus paying the lender more. Credit ...
Bankruptcy Exemptions What Is Eligible?
Chapter 7 bankruptcy is commonly referred to as “liquidation” bankruptcy. It cancels debt entirely in the course of approximately three months and is an attractive option for many people considering bankruptcy. The down side for many is that filing for Chapter 7 means that any non-exempt belongings will be liquidated to distribute among creditors in order to pay off debts. When you file for Chapter 7, it is critical to know what exemptions will be included. Clearly understanding your options can help you make the right decision. Since exemptions differ from the state and federal laws, it is recommended to clarify your state’s laws before filing. Here are some sample exemptions. States have an exemption on homesteads for individuals filing for Chapter 7 bankruptcy. The way to determine what state to use for your exemption is by looking at where you lived for the 730 days before filing. If you didn’t live in a single state for the past two years, you can ...
Is It Possible To Own a Home After Bankruptcy?
One of the most common misconceptions people have about bankruptcy is that by filing, they will never be able own a home again. While bad credit can be a stumbling block to obtaining credit for individuals who have not filed for bankruptcy, credit is not an insurmountable hurdle. The second factor at play in bankruptcy is time. A bankruptcy stays on your credit report for 10 years but 18 to 24 months after a bankruptcy discharge, debtors can qualify for a loan. Some lenders will offer loans to individuals six months after they have had their bankruptcy discharged, however they require a 20 to 35 percent down payment. Additionally, the interest rate will be very high and the loan terms are likely to be strict. For better rates, many individuals wait four years after their discharge to obtain a loan. There are things that you can do that can make you more likely to obtain a loan. Here are some tips. First, it is important to obtain and use a source of credit, probably a credit card. ...
How To Protect College Funds In Bankruptcy
The cost of a college education has skyrocketed in recent years and there appears to be no end to tuition increases. For the 2009-2010 school year, the average cost of a private four-year college was $26,273, up 4.4 percent from the previous year. The percentage of increase was even greater for public schools, which rose 6.5 percent over the previous year to $7,020. What that means is on average, the cost of a four-year private college education would be more than $100,000. Unfortunately for parents who want to provide the best education possible for their children, it doesn’t look like this trend is turning around any time soon. Estimates put the increase in college tuition at double the inflation rate, which is currently between 5 and 8 percent. Most states offer incentive programs that bring relief to parents and enable them to begin saving money from the time that their children are born. One of these options, the 529 College Savings Plan, is operated by a particular state ...
Is There Life After Bankruptcy?
Some of the largest misconceptions people have about bankruptcy involve the implications that filing has on your future. Some people wonder whether they will ever be able to own a credit card, car or home again after filing. So, for the curious, here is the truth: you can obtain any of these things. While the process may not be easy, you can get through it. More than likely, credit is going to be difficult to get for three to five years without paying high interest rates. A credit card might be a good option in order to build credit, but there are other ways to prepare for home and car ownership that don’t involve the risk and cost of high interest cards. Here are two practical ways to get started on the right foot after the fresh start of bankruptcy. Pay Bills on Time It might seem like a no-brainer, but there is no better way to get a fresh start than by paying your bills on time. The habit of paying bills on time and in full will reap benefits by not only from the good habits ...
How Bankruptcy Can Save You From Foreclosure
The housing bubble that burst in 2008 has yet to recover, continuing to shackle millions of Americans with upside down loans and astronomical monthly payments. Faced with abandoning their homes, many homeowners have very few options. One solution many turn to when they are unable to make payments on their home is foreclosure. In foreclosure, the homeowner effectively gives up ownership of their home allowing their lender to sell the home to the highest bidder in order to recoup on the investment. However, other individuals turn to bankruptcy to avoid foreclosure all together. When an individual files for bankruptcy, they immediately receive an automatic stay, which tells creditors that they cannot collect on debts from the individual. The automatic stay is effective even in foreclosure, announcing to the creditor that the foreclosure cannot be completed while the bankruptcy pending. In Chapter 13 bankruptcy, debtors are able to pay off late, unpaid payments over the length of the ...
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Nov 5, 2010
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