The Four Types of Bankruptcy

Mar 12

Recently my brother in law and I were talking about our finances. He’s been unemployed for the past six months. It’s been really hard on him and his wife. He had a great job when he and his wife decided to buy a house, but the economy just doesn’t have work in his field right now. They started paying their mortgage on credit lines in order to make ends meet for a little while longer, but now their debt is getting out of control. He said he’s thinking about filing for bankruptcy in order to wipe his credit slate clean. I wished him the best of luck. It is terrible that he has to do something like that. It’s going to affect his ability to get credit for the rest of his life, but it’s certainly better than having your house foreclose. I started to wonder how bankruptcy works. I found some good information on the different types of bankruptcy on the website for Erin B. Shank. Erin B Shank is a lawyer that helps people through the bankruptcy process all the time. She makes sure that all the court processes and file work is handled correctly so that you can declare bankruptcy and get the best possible outcome from an unfortunate situation.

There are four main types of bankruptcy that people can declare. They are known as chapter 7, chapter 11, chapter 12 and chapter 13. Chapter 7 is the most common form of bankruptcy, and it affects credit card debt.

In order to be eligible for chapter 7 bankruptcy, you have to meet a couple of different criteria. The United States says that anyone filing for bankruptcy under chapter 7 must be a corporation, partnership, individual or a business entity. You can file for bankruptcy no matter how much debt you have. You may also file for bankruptcy if you are solvent or insolvent. You cannot file for bankruptcy if you tried to file less than six months ago but your petition was denied because you failed to follow the court’s orders. This type of bankruptcy exists to give individuals a fresh start. It will extinguish all debts for an individual but not necessarily for a business or corporate entity. Liens are different than debt. Bankruptcy does not extinguish liens for individuals or businesses alike.

If your debt is not primarily wrapped up in credit cards or other forms of credit, you may look to other sorts of bankruptcy that you can file. Chapter 11 is the most common form of bankruptcy that business owners look1 to. This is because it allows them to repay large amounts of debt while still owning and operating their business. They can file for bankruptcy without losing the capital they’ve invested in their business.

The Chapter 13 bankruptcy is called the “wage earner’s bankruptcy”. This form of bankruptcy is most common among people with a regular wage. It helps people refinance their house. They can make payments on a house over a longer amount of time. It is especially helpful if your house is up for foreclosure as it allows you to repay missed payments for up to five years without having to deal with late fees or interest.

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Divorce Has to Be About Compassion as Much as Law

Sep 03

Anyone who has gone through a divorce knows it is a legal mess. It can be expensive, complex, and frustrating for those who don’t know the law around how a union has to be divided. This is somewhat inevitable. After all, no one goes into a marriage expecting to get divorced. That’s why the property, finances, and relationships end up so muddied by the time a divorce is required, making far more legal work for everyone involved.

One solution to this would be to try to instill a greater awareness of these boundaries to those considering marriage, but this is likely to be treated with the same derisiveness the prenuptial agreement receives. Many people mind concede the utility of the prenup but still consider it completely counter to the purpose and spirit of marriage.

If people won’t live conscientiously focused on keeping their lives separate enough to be easily sundered from their spouse, the only solution available is to try to instill a culture of compassion when a marriage breaks up. Some divorce lawyers are already showing this spirit, focusing on the emotional complexity of divorce and trying to ease that at the same time they fight for the best outcome for their client.

This will, of course, not be an easy spirit to institute. Every divorce is different (after all, Tolstoy said, “all happy families are alike; each unhappy family is unhappy in its own way”), but the pain and resentment that led to the divorce are there in every case. In most cases, there is a distinct lack of compassion required to meet the point where a divorce becomes an option one or both spouses will entertain.

For all that, divorce is rarely sudden and rarely done quickly. There is time for each party to step away, calm down, and try to approach the situation with as much compassion as they can muster. Ironically, this communal spirit would do a great deal to simplify divorces and move them along faster, so the two individuals involved can sooner start their lives again.

The question, then, is how to foster this feeling in those hurting and understandably desiring to strike out at each other. The answer may be found in a multi-level approach. Divorce lawyers can advise their clients that compromise moves things along faster, more stress can be put on seeking counseling as individuals during the divorce process, and more societal involvement can be done to normalize divorce and try to make it a process best muddled through and forgotten.

Hopefully, this effort will allow divorce to get less complicated on the legal side so that all parties can avoid extreme expense and further emotional harm. It would do everyone more good to make divorce easier for all sides. It may even encourage some who are still in bad marriages to pursue a divorce, once they feel more sure they can get it done quickly, more cheaply, and without as much harm to their overall property and finances.

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Behind Wisconsin’s medical malpractice laws

Oct 07

The laws behind medical malpractice in Wisconsin are discouraging to victims who want to sue on behalf of their own injuries, or on behalf of their loved one who passed away. The first discouraging law is that in order to sue on behalf of a loved one, you either have to be their spouse or their minor child. These two categories are very limiting. Once your child turns 18, they cannot sue on behalf of you for medical malpractice, and you cannot sue on behalf of them. On top of this restricting list of who can sue, there is a monetary cap on noneconomic award someone can receive in court. With the cap at $750,000, it only hurts the severely and fatally injured who deserve more than that, while it gives the less severe the ability to receive the maximum amount.

This monetary cap is the most limiting to the severely injured, like Ascaris Mayo. Mayo checked into the Columbia St. Mary’s Hospital in 2011, complaining of abdominal pain and fever. Her doctor recognized her infection, but instead of informing Mayo of her condition and probable treatment, she was sent home to consult her gynecologist about urinary related infections. As she was home, her condition worsened, and she was rushed to the emergency room, diagnosed with a septic infection. The infection put Mayo in a coma, causing dry gangrene on her limbs, forcing a four-limb amputation upon her.

The Mayos sued on behalf of medical malpractice, receiving plenty of money to cover medical bills and rehabilitation, noneconomic awards, but capping her other awards at $750,00. They further sued on account of this cap being unconstitutional, stating that there is no reason to deprive Mayo of her deserved monetary amount if there was not this cap in place.

Mayo lost all of her limbs. Her quality of life changed drastically due to the error of a doctor and a physician’s assistant. Her husband lost a lot in his wife, a loss of companionship as she is immobile and her mental state will alter drastically as well. The court said that the medical cap placed here would decrease the Mayo’s monetary reward by 95 percent.

While Mayo was awarded her deserved amount in the billions in this case, the Wisconsin medical cap is still in place, which means if you or a loved one is injured in a medical malpractice case, you need an experienced lawyer to help you fight for what you deserve.

Putting all your faith in a doctor is a very trusting action, and when they do you wrong, it is not your fault. Experts say that even more often than you think, “that trust is misplaced.” Medicine is not perfect, and even when doctors try their best, results can vary. However, when a doctor deliberately does not do their job, neglects to inform the patient of results, or the doctor simply does not follow protocol, a lawsuit can take place. Do not be afraid to take legal action against a doctor that wronged you.

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Common Causes of Train Accidents

Jun 11

Trains are efficient modes of transportation. They are both comfortable and fast, which are the two most important factors in mobility. Because of these features, trains are the transportation of choice of many Americans. This also means that many Americans are at risk of train accidents.

The website of the Houston personal injury attorneys of Williams Kherkher mentions that those who have been injured in train accidents may have legal options, such as trying to get compensation and justice from the responsible parties, especially if these parties have been negligent or reckless.

Human Error

Some errors may be legitimate, so the train accident can be understandable. But there are instances where the errors have occurred because of some form of negligence or recklessness. Train accidents that occur because of these kinds of errors are unwarranted. Below are some of the most common unwarranted human errors involving train accidents:

  • Distracted crew
  • Failure to comply to safety procedures and rules
  • Failure to give appropriate orders to crew
  • Failure to properly secure or release brakes
  • Speeding

Mechanical and Road Defects

Sometimes, the crew encounters defects in and around the train. It may be their fault, like when they are not properly maintaining the train during operation, or it may be the fault of someone else, like when the jurisdiction responsible for the train track’s maintenance and construction has failed to do its job properly. Below are some of the most common defects the train crew may encounter:

  • Bolt hole problems, like cracks and fractures
  • Control defects, particularly in switches
  • Detaching or worn rails
  • Malfunctioning train lights and signals
  • Unprotected railroad crossings
  • Unnecessary obstructions on tracks

Pedestrian Negligence

The train crew is not always at fault, because there are times where negligent pedestrians are the ones who trigger train accidents. The most negligent pedestrians are those who are crossing tracks despite alarms and warnings, distracting themselves with mobile devices, and listening to music so loud that they don’t hear oncoming trains.

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What if Your Brain Injury was due to Someone Else’s Careless or Negligent Act?

Mar 31

Brain injury, also known as traumatic brain injury (TBI), is an extremely serious type of personal injury because it directly affects the human brain, which controls everything in our body; thus, anything that would impact the brain and cause a change in the way it functions will also affect the way the whole body operates. This injury is caused by a violent or forceful blow to the head, due to a fall (head first), a sports accident, an explosion, violence or a car accident. According to the Centers for Disease Control and Prevention (CDC), more than one million people in the U.S. are treated for brain injuries every year; despite treatment, still more than 50,000 eventually die.

When a person’s head is dealt with a violent blow or a sudden jolt, this can make the brain collide with the skull’s internal wall and severely harm the brain, resulting to torn nerve fibers or bruising and/or bleeding of the brain which, in turn, can lead to intracranial injury, which is more commonly known as traumatic brain injury (TBI).

The severity of a traumatic brain injury depends on the part of the brain that is affected and whether the injured area is widespread or only a specific part. For purposes of classification, however, severity is identified as mild, moderate or severe. While mild TBI patients may only experience temporary headaches and confusion, a severe case can lead to amnesia, coma, disability, unconsciousness or even death.

Sometimes, it takes weeks before signs and symptoms of TBI appear. Some of these signs and symptoms include: persistent headaches or neck pain; slowed reading, thinking, acting, or speaking; changes in sleep pattern; loss of sense of taste or smell; and, dizziness and moodiness. If, after suffering a violent blow to the head, though, a person begins to vomit repeatedly, or experience convulsions, numbness or weakness in the legs, arms, hands or feet, or slurred speech, then he/she should be taken to the hospital to be checked and given proper treatment.

Though car accident, which is often due to drivers committing errors or acting negligently, is the major cause of TBI, carelessness and negligence remain as the top factors in other accidents that can result to TBI. Due to this, the Amerio Law Firm says, “It is important that you understand what your legal rights are, and determine whether you may be eligible for compensation, as a result of your injuries due the negligence of someone else.

A personal injury claim or lawsuit may help you obtain compensation for economic, as well as non-economic, damages. These damages include covering expenses for past and future medical care, physical therapy, and even lost wages from time taken from work for your recovery. Damages can also include compensation for pain and suffering, and emotional distress. Personal injury lawyers know and understand that no financial gain can undo your traumatic experience. However, legal action can certainly help relieve financial burdens and hopefully help you and your family obtain the justice and closure you deserve.”

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