General Article

A Chapter 13 bankruptcy is better than a Chapter 7. If you are behind in your mortgage payments or your business payments, a Chapter 13 bankruptcy will be your only option. You can also keep your property in California, or elsewhere, after the bankruptcy proceedings end. You can make the overdue mortgage payments clear and reinstate your original mortgage agreement by filing a chapter 13 bankruptcy. In general, if you have valuable property not covered by your California bankruptcy exemptions that you want to keep, a chapter 13 filing may be a better option. Also, people file Chapter 13 bankruptcy because they have too much income to file a Chapter 7 bankruptcy or have the kind of debt that is non-dischargeable in Chapter 7 (e.g. Certain taxes

Chapter 7 is the best option for California residents who want to get rid of their debts without having to pay them back.

You can find out more about the two types of bankruptcy here:

• California Chapter 7 Bankruptcy
• California Chapter 13 Bankruptcy

Here’s a quick overview of both types of bankruptcy.

• Advantages California Chapter 7 Bankruptcy
• Disadvantages California Chapter 7 Bankruptcy
• Advantages of California Chapter 13 Bankruptcy
• Disadvantages of California Chapter 13 Bankruptcy

Benefits of a California Chapter 7 Filing:

1. A completely new start is possible. You will have no more debts after bankruptcy.
2. On the date you file, you have immediate protection from creditor collection efforts and wage garnishment.
3. After the bankruptcy filing, all wages you earn and any property you acquire (except inheritances) are yours and not the creditors or bankruptcy court.
4. There is no minimum amount required.
5. In about 3 to 6 months, your case will be over.

 

California Chapter 7 Filings:

1. Your non-exempt property is lost and sold by the trustee. If you want to keep a secured asset, such as a car or home, and it is not completely covered by your California bankruptcy exemptions then Chapter 7 is not an option.
2. The automatic stay granted by Chapter 7 if you are facing foreclosure on your house is temporary.
3. If they do not file for bankruptcy protection, co-signors can remain with your debt.
4. You can’t file Chapter 7 bankruptcy if you have filed a previous case and were granted a discharge of your debts. This applies only to cases filed within eight years.

 

Benefits of a California Chapter 13 Payment Plan:

1. You can keep your entire property, exempt or non-exempt if you wish and can afford the payment plan.
2. Although debts cannot be canceled as in a Chapter 7 bankruptcy, they can be reduced through a Chapter 13 payment program.
3. You are immediately protected against wage garnishment and creditor collection efforts.
4. More debts are considered to be dischargeable (including debt you incurred on the basis of fraud and credit card charges for luxury items immediately prior to filing).
5. Any co-signers who sign the Chapter 13 plan are exempt from creditors’ efforts if they pay full.
6. Your lender can foreclose on your home if you comply with the terms of your plan.
7. You have more time to pay debts that can’t be discharged by either chapter (like taxes or back child support).
8. Chapter 13 can be filed at any time.
9. You can file multiple times.
10. Separate your creditors by their class so that different creditors get different amounts of payment. This allows you to deal with debts that have a co-debtor on a different basis from debts you incurred on your own.

 

California Chapter 13 Payment Plan Disadvantages

1. A payment plan is where you use your post-bankruptcy income. This will tie up your cash for the Chapter 13 plan period.
2. Because a Chapter 13 filing can be more complicated, legal fees are usually higher.
3. Your plan, and thus your debt, will last 3 to 5 years.
4. For the term of the plan, you are involved in bankruptcy court proceedings
5. Stockbrokers and commodity brokers can’t file Chapter 13 bankruptcy petitions.

This article was written by Alla Tenina. Alla is the best bankruptcy attorney in Los Angeles California, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

 …

In the rainy season, it is quite common to see someone flashing their hazard lights. In a severe thunderstorm, Florida drivers will flash their lights to signal a stop or to warn of a hazard blocking the road.

Florida drivers who use hazard lamps on roads can make it more dangerous to drive in a downpour. This is an offense punishable with a fine of up to $129. You can only use hazard lights while your vehicle is moving during a funeral procession.

Hazard lights indicate a stationary object blocking a road. They should be used only when the vehicle isn’t in motion, disabled, or at the side. If a vehicle is using hazard lights while it is moving, it indicates that it will stop abruptly. It can make it hard for other drivers to see the vehicle’s location.

You can cause danger for other drivers and yourself by using these lights while driving. Instead of turning on the lights to make other drivers avoid you, slow down. If you feel uncomfortable driving in heavy rainstorms, pull over to the side of traffic and then use your hazard light once you have stopped completely.

Be sure to inform your family and friends about the laws governing hazard lighting if they are frequently using their hazard light in a storm. Inform them about the dangers and benefits of using hazard lights. You should always make sure your headlights work and not switch to high beams during rainy or foggy conditions. This can create glare for other drivers.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a car accident attorney in St Petersburg. She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

 

 …

Criminal Law – Punishing People To Protect the Public

Wouldn’t it be great to live in a world without crime? We all know that’s not possible. Crime pervades almost every aspect of our lives.

That’s a real shame.

But isn’t it wonderful to know that if a crime does touch your life or the life of a loved one, there is such a thing called criminal law to help you?

Criminal law has to do with crimes that are prosecuted by governmental agencies. In the U.S., almost all processes to handle crimes are set up by the local, state or federal government.

If you or anyone you may know is involved in a criminal lawsuit, the prosecutor must prove that you, as the defendant, fully intended to act as you did. In contrast, civil law states that you might be responsible for your actions, but you may not have intended what happened. A good example of this is a car accident. That’s why the law makes you pay for the damages.

The Goal of Criminal Law

Simply put, it is to deter crimes and/or establish punishment for crimes already committed. There are a number of ways punishment is performed:

Capital punishment

Physical or corporal punishment

Incarceration in jail or prison

House arrest

Parole and probation

Monetary fines

Community service

Five punishments of enforcement:

Retribution

Deterrence

Incapacitation

Rehabilitation

Restitution

It goes without saying, people who disobey the rules of their state or government should in some way suffer. None of us like it when we truly believe someone is guilty and they get away with it.

We, as humans, also don’t like being taken advantage of and so the law protects us from that. The punishment puts the disadvantaged on equal footing and balances the scale.

The ultimate aim of punishment is deterrence. Which in simple terms means the punishment will hopefully discourage offending humans from taking illegal action against each other. This is what every lawmaker hopes to achieve.

But, we all know that many people still make the wrong choices and break the law. Many times their own greed is the cause of the offense. When people persist in wrongdoing, they sometimes need to be incapacitated or “put away” somewhere in order to protect people at large.

The form of punishment known as rehabilitation is a good way to instill the ability to make better choices without dire consequences. It also helps return offenders to society.

It hopes to help them see what they did was wrong and why and how to avoid doing it again.

Restitution is a great way to mend broken bridges between the offender and the person offended. It’s goal is to rectify, through perhaps monetary means, any loss to the victim.

I’m sure you can see how vital criminal law is in our society today. Unfortunately, it’s a necessary part of life – one which we wouldn’t want to do without.…

An Overview Of Steps For Finding A Personal Injury Lawyer

It is not something most people like to do, but every once in a while someone really needs a personal injury lawyer who will help them through a trying time in their life. When a person finds themselves in this position there are several things that they need to take into account before they sign an agreement.

Many people think that locating someone who can help them resolve their problem is going to be difficult. The truth is that locating a law firm is not difficult at all. They are all over the place. The individual just has to know where to look. The first place would be the business section of the phone book which will provide the names and contact information of local practices. Another option is a Google search which will reveal lots of names, but some of them might be too far away to be practical.

Once the individual has collected a list of possible practices that they can use, they are going to have to start narrowing down the number. The first thing to do is eliminate who do not specialize in personal liability cases. The next is to start doing research into each firm’s reputation and business practices. This information is most easily found via an internet search.

Once a person has settled down to one or two cases, it is time to arrange for a meeting. The cost of this meeting, which will essentially be a consultation, depends on the firm. Some firms do not charge for this time, others do. If the firm does charge it will be by the hour. The individual who is doing the suing needs to go into the meeting with a list of questions. The more organized they are, the quicker they can get in and out and the less the experience will cost.

When it comes to cost, the patient needs to weigh the amount of money they can afford to spend on legal bills, with their desire to get a good lawyer. Litigators with a great deal of experience are going to charge a great deal more for their services than ones who have recently finished school. Some people find that the solution that works best for them is to find an inexperienced litigator who works for a good firm.

Keep in mind that the person who is considering the lawsuit is not the only one who is being interviewed. A good litigator is also going to be weighing the pros and cons of the proposed case and forming an opinion of the person who would like to engage their services. They are not going to want to take on a case that they do not feel that they have a chance of winning.

If the litigator and the patient decide that they are going to work well together, it is time to formalize the arrangement. This means filling out a contract. Before signing the contract the patient will want to make sure that the details of the case are carefully outlined. In addition to the case details, the payment arrangements should also be include payment arrangements.

Just because the patient has hired a personal injury lawyer does not mean that they will be getting instant results. The only time a case goes straight from the hiring of a litigator to trial is on TV. The reality is that it takes a great deal of time to put together a case. Some cases go on for years and years before they are finally resolved.…

Defending Your Case With a Criminal Attorney

Building a good defense is the key if you want to successfully defend criminal charges in court. Hiring an experienced Tampa criminal attorney will ensure you are in the best possible position to have your version of events presented in court. A good relationship with your attorney is also essential if your case is to achieve the outcome you want.

You should seek to hire a Tampa criminal attorney as soon as you are arrested and should never talk to the police before you have consulted with a qualified lawyer. Talking openly and candidly to the police could compromise your defense later on in court. Remember that you and your lawyer have an attorney-client privilege which protects you with confidentiality and means you can be open and honest in all statements and conversations you make in private with your lawyer. This is vital because you need to give your lawyer as much information as possible if they are to build a successful defense.

Your lawyer will look to build an alternative version of events to those presented by the prosecution. These events need to be plausible and should be backed up with evidence to prove their validity. A good lawyer will also be able to present counter arguments to the prosecution’s and be able to cross examine and discredit any witnesses they present. As the defendant you need to be realistic about the charges you are facing and the defense you present. Your evidence needs to be credible if it is to stand up to scrutiny by the prosecution.

Hiring a Tampa criminal attorney will give a better chance of mounting a successful defense than if you defending yourself, which in most cases is doomed to fail. Prosecutors rarely communicate with defendants who want to represent themselves and if you cannot prove to the judge at the commencement of the trial that you possess a basic level of legal skills, then you will be appointed legal counsel anyway. It is therefore better to hire an experienced criminal attorney once you have been charged and to build a defense with them.

Lawyers do much more then present an argument in court. They offer support and advice when needed. They research every aspect of your case including evidence, applicable law and past legal precedents which could have bearing on your case. They will also work with court personnel, witnesses and the wider society on your behalf. They will also offer realistic advice about your chances in court based on the evidence against you and the charges you are facing.

Whether you plead not guilty or guilty forming a relationship with a Tampa criminal lawyer will help to ensure the best possible outcome is achieved, even if it is a reduced penalty.…

What Should You Do If You Suspect Elder Abuse?

Elder abuse isn’t a new phenomenon but it’s certainly a growing one. As the population in the United States ages there is a greater need for assisted living apartment communities and full-care facilities for seniors. These facilities are staffed by professional caregivers who do an excellent job. Unfortunately there are exceptions to the rule.

Elder abuse takes many forms. Nursing home or other care facility residents are victimized by theft, physical assault and emotional abuse. What all elder abuse has in common is that the victims are helpless to defend themselves. Negligence is another form of abuse and consists of inadequate care such as failing to feed or provide medicine at the prescribed times.

Emotional abuse occurs as staff verbally berate or insult an elderly person. This type of abuse may go on for years without it being detected. If your elderly mother is in a nursing home and you suspect that she’s being abused, what should you do? Well, first of all, take the possibility seriously.

Talk to your mother. Ask her questions about the care she’s receiving. Check her for bruising and other indications of physical abuse. Get a feel for how she regards her caregivers and whether there is seemingly unwarranted fear of a particular nurse, aid or other resident.

You should speak to your mother’s physician about your suspicions. The doctor will discreetly examine her with your suspicions in mind. If there is any evidence whatsoever of elder abuse you should contact your local law enforcement agency and the state or local social services agency charged with protecting the elderly. Elder abuse violates both criminal and civil laws.

The evidence you have should be presented to law enforcement authorities for further investigation. Relevant evidence includes what you’ve been told by your mother, other facility residents and the physician as well as the physician’s documentation of signs of abuse. Any neglect you’ve observed such as dirty and unchanged sheets, unnecessary restraints or improper staff attitudes and behavior should be reported. All these things will be combined to help make a case of elder abuse.

Obtaining the services of an attorney for potential civil litigation is an appropriate response if you suspect abuse or neglect. Civil allegations may successfully be established by the preponderance of evidence in civil litigation even if the required proof beyond a reasonable doubt to prove a crime isn’t met. A lawsuit will force the care facility to correct the situation and be a strong deterrent to allowing abuse to occur in the future. Just the threat of legal action can launch an internal investigation by facility administrators and correct questionable practices or result in outright firings and criminal prosecutions.

Prevention is the best cure for elder abuse, so be aware and involved in the care of your mother. Listen to her complaints and bring them up to the staff and facility administrators. Make sure you mention to staff that your mother is represented by an attorney in the matter of her care. If you’re proactive you won’t have anything to worry about.…

Best Attorney To Deal With Your Case

Have you anytime encountered with situation where you have experienced any arrest by the cops in the country or else with any other charges in the society? If so how did you try to overcome the situation? The most important thing you must have in your mind while encountering with any such situation is regarding the level of patience. This is something that is not seen among many people. It is natural that such situation can really cause great tension in atmosphere and it is very difficult to remain calm. If you are calm about the charges even if you know you have not committed any mistakes, there are lots of advantages that can be derived out of the process. You will get the presence of mind to approach a criminal attorney Orlando in order to deal the situation in more logical way.

It is always better to check for opinions from your friends and family while deciding on the attorney to deal with the case. You should try your level best to get hold of the best attorney in the city as you cannot take chance with this issue. Internet can be considered as the best source where you can check for the available attorneys and you can fix an appointment for initial consultation. Most of the firms are ready to provide free initial consultation and you should be alert enough during your discussion with the lawyer to recognize the lawyer’s interest in the case. If you find something displeasing then it is advised to check with another law firm rather than sticking with the same. At the same time you should also check with the fees charged by the law firm in checking with your case. Once you are satisfied with an attorney you can make a background study in order to determine his efficiency in the field along with the experience in dealing with such cases. Also you can directly ask for reference and there is nothing wrong in contacting their previous clients in order to know about their experience while dealing with their issues. The attorneys will function very sincerely in order to put you out of the charges that are beaten against you and if you have committed any mistakes then the attorneys will try their level best to reduce the number of charges on you.…