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Understanding Chapter 7 And Chapter 13 Bankruptcies

Posted by on Nov 6, 2012 in Law | 0 comments

Many people encounter financial difficulties at some point in their lives. With recent developments in the U.S. economy, bankruptcy has become a much more widely accepted method for taking control over ones outstanding debts and paying off creditors. However, many people still do not understand the distinctions between different forms of bankruptcy. This misconception is especially true of Chapter 7 and Chapter 13 bankruptcy, because the two actually seem very similar. However, knowing about and understanding both of these forms of bankruptcy is important if you are trying to decide which method is right for you.

Key Differences

There are several key distinctions between Chapter 7 and Chapter 13 bankruptcy, though both are available to individual filers and business owners. These key differences include:

* Construction of repayment plans in Chapter 13 bankruptcy, designed for gradual repayment
* Asset liquidation in Chapter 7 bankruptcy, for immediate repayments
* Implementation of the means test in Chapter 7 bankruptcy to determine eligibility for bankruptcy proceedings

These critical differences between the two most common forms of bankruptcy are important to understand. The primary difference that appears to really sway debtors one way or another is asset liquidation. By liquidating ones assets, such as property or vehicles, one can immediately repay debts to creditors, as opposed to taking much longer through Chapter 13 bankruptcy repayment plans. But Chapter 13 allows for the debtor to retain control of his or her assets. Both forms of bankruptcy can be beneficial for the debtor who wants to clear himself or herself of financial debt, and deciding between each form is an important decision to make.

Sometimes deciding which form of bankruptcy to file for seems daunting, but it does not have to be. If you or someone you know is thinking of filing for bankruptcy and would like to talk with an experienced attorney, contact a Cedar Rapids bankruptcy attorney today to discuss your case.

Determining Child Custody During Divorce

Posted by on Nov 6, 2012 in Law | 1 comment

In a divorce that involves children, spouses will have to reach an agreement regarding the custody of their children. Child custody agreements are among the most hotly contested issues in divorces, because both parents often have strong feelings about which parent the child should retain full or partial custody over. Determining child custody is based on a variety of different factors, but the top priority of any court will be to keep the best interests of any child involved in mind as the determination is eventually made. Once a child custody agreement has been established, it must be respected by both parents, and any deviation could result in legal action.

One of the first factors that could determine child custody is the cause of the divorce in the first place. If, for instance, the divorce stems from the physical incapacity of one parent because of a substance abuse problem, that parent is almost certain to lose custody over a child. Other factors are equally important, however, especially if there is no one to blame for a divorce. Some of these other factors include:

Request of the child / children
Current and projected incomes of both parents
Mental stability of both parents
Educational or medical needs of a child / children
Physical location of both parents’ homes

All of these factors will likely be observed by a court that is trying to determine the appropriate custody arrangement for a divorcing couple. Sometimes parents are dissatisfied with the custody agreement that is eventually reached; thus,in order to make sure that their needs and wants are met, many people enlist legal assistance for their custody battle.

If you or someone you know is going through divorce and you have a custody agreement in question, contact an experienced Orlando child custody attorney today, to ensure that you have the legal representation you need to fight for the agreement that you want.

Motorcycle Defect Accidents

Posted by on Oct 19, 2012 in Auto | 0 comments

Many people are aware of the inherent safety risks of driving a motorcycle when compared to other motor vehicles. The risk of a dangerous accident occurring is generally higher and is much more likely to cause the rider severe physical injuries. While the majority of these accidents are caused by either the riders or another drivers error, some are caused for reasons beyond the riders control. For example, motorcycles with defective parts run the risk of dangerously malfunctioning, causing the driver to suffer an unexpected accident. Even a relatively minor defect could force the exposed and precariously positioned rider to suffer severe injuries, which could have a lasting and adverse effect on their health.

Types of Defects

Like any other vehicle, motorcycles are complex machines that may fail to properly function when they are not designed correctly. Even though any vehicle defect is potentially hazardous, the risk for injury is much higher on motorcycles than other vehicles. Several common defects that may force a motorcycle to malfunction are as follows:

  • Broken clutch
  • Malfunctioning brakes
  • Tire blowouts
  • Malfunctioning motor

Although the majority of annual single vehicle accidents do not include a large number of those caused by motorcycle defects, they do still occur and almost always result in severe injuries such as lacerations and bone fractures. Such injuries require medical treatment and could affect someones life in a permanent manner. Victims of motorcycle defect accidents should not have to face their expensive medical bills, lost wages, and other losses alone.

Legal Options

If you were injured in a motorcycle accident that was caused by a defect, you may be able to hold the dealership or manufacturer liable by filing a personal injury lawsuit. In the event that you are considering taking legal action, you should contact a motorcycle defect lawyer in order to ensure that your interests are well represented.

Common Injuries From Dog Bites

Posted by on Sep 27, 2012 in News | 0 comments

Americans are not ashamed of their love for dogs. Across the nation, individuals and families own an estimate 78.3 million dogs, putting a dog in close to 40 percent of all households. Because of this, dogs are atop of the pet popularity list in every state across the United States. Often referred to as mans best friend, dogs are normally friendly and loving animals; however, there are some cases where dogs may get aggressive and protective. When this happens, they can act out and bite an innocent person, potentially causing serious injuries.

If a dog acts aggressively, he or she can unfortunately cause a lot of damage to an unsuspecting or innocent victim. Suffering a potentially serious dog bite can be severely damaging not only physically but also mentally. Dog owners are responsible for keeping their pets on leashes or behind a fence at all times, especially if they are a bigger or more aggressive dog. Dog bites can cost you hundreds or even thousands of dollars in medical bills and lost wages. That is why you should consider taking legal action.

Most Common Dog Bite Injuries
Close to 80,000 people receive medical treatment every year across the country because of a dog bite injuries. These injuries may require serious medical attention. Some of the most common injuries people suffer as a result of a dog attack are:

* Serious lacerations
* Strains or sprains
* Broken bones
* Disfigurement
* Infections or risk of developing a disease

Treating these injuries can potential cost you a large amount of money and may even prevent you from going to work. You shouldn’t have to suffer financially because of a reckless dog owners actions. You can hold these owners liable today by speaking with a Detroit dog bite attorney and discussing your legal rights and options.

Car Seat Failure

Posted by on Sep 27, 2012 in News | 0 comments

The number one priority of any parent is their child’s safety. That is why it is extremely important for parents to be able to trust their child seat in their vehicle. Small children are unsafe sitting in the back seat of cars with just a seat belt, which makes special car seats essential. These seats are intended to provide children with a higher level of protection in the event of car accidents. Sadly, though, many of these trusted car seats are actually quite dangerous due to their tendency to fail when it counts. A shocking number of car seat failures happen every year, and the consequences can be devastating. Each year, car seat failure causes nearly one hundred deaths and injuries.

Child Seat Defects

When child seat manufacturers fail to perform rigorous testing on their products, they often fail to catch important defects that render car seats useless in the event of a crash. Some of the most common child car seat malfunctions that occur during accidents include:

The car seat buckle becomes unlatched
The base of the apparatus and the shell of the seat separate
The seat belt strapping the child seat in comes unlatched
During side impact, the seat cracks
The harness strap fails to restrain the child

A number of the child seats on the market, as well as many which have been recalled, have been tested by non-government agencies. These tests have shown a shocking number of car seats which are not up to par. Especially in rollovers and high speed crashes, these seats are capable of the terrible failure to protect a child.

If your child was injured in a car accident due to a defective car seat, don’t hesitate to pursue legal action against the negligent manufacturer. For more information on your legal rights, contact a Sheboygan personal injury attorney.

Common Probation Violations

Posted by on Sep 15, 2012 in News | 0 comments

People are placed on probation for any number of reasons, and its important that they not violate the terms of their probations, since any violation can result in serious legal consequences. Sometimes, probation violations can result in an extension of ones probationary period, incarceration, hefty legal fines, and other penalties. The unfortunate part, however, is that many people who violate their probations don’t even know that they have done something illegal. Probation violations are actually rather common, but the penalties that accompany these violations can differ in severity, depending on the unique circumstances of the violation and the persons situation.

Knowing about and understanding your specific probation terms can prevent a lot of trouble legally. However, if a person has violated his or her probation in some way, there may still be options for avoiding harsher penalties.

Several Common Violations

Probation terms vary from person to person, but certain violations are more common, such as the following:

* Speaking or associating with a known felon
* Not showing up for a meeting with a probation officer
* Being charged with another crime while on probation
* Not passing a drug or alcohol test
* Not paying costs associated with court proceedings
* Not completing all of ones community service hours / assignments

All of these violations might result in a charge of probation violation. Violating ones probation, as stated above, can result in numerous penalties, but the most common is either an extension of a probationary period or jail time.

If youre facing charges of a probation violation, its important to have legal help at your side. You may be able to avoid the often harsh penalties associated with violating ones probation terms. If you or someone you know has been charged with probation violation, contact a qualified criminal defense lawyer today to discuss your legal options and defense.

Boating Accidents

Posted by on Sep 11, 2012 in Law | 0 comments

One of the ways many people enjoy spending time on the water is boating. It is a popular competitive activity for those interested in water sports as well as an enjoyable recreational activity for friends and families. However, there are a number of potential hazards associated with boating. If the person steering the boat is not paying sufficient attention to their surroundings, they might accidentally collide with another water vehicle, dock, or swimmer. Even small boats are capable of causing significant property damage and injuries, endangering passengers and those hit by the vehicle. According to the website of the personal injury lawyers of the Sampson Law Firm boating accidents can have lasting effects on someone’s life, burdening them with extensive medical bills and expensive property repairs. These bills can take years to repay and victims of accidents should not have to pay the costs of another person’s negligence and poor decision making.

Types of Boating Accidents

Boats are expensive vehicles that are capable of causing individuals significant personal injury. The majority of boating accidents, much like automotive collisions, are the result of driver errors. As such, these preventable incidents only occur when an individual does not behave in a responsible manner. Following are several reasons that boating accidents occur:

  • Colliding with a swimmer
  • Colliding with a stationary object
  • Boating while intoxicated (BWI) on alcohol or other substances
  • Boat suffers a mechanical defect
  • Poisoning from carbon monoxide
  • Drowning

Boating accidents, apart from automotive accidents, are heavily influenced by a variety of factors such as the weather and obstacles beneath the water. It is also governed by its own set of maritime laws. It may be very difficult when dealing with the effects of a boating accident to determine the best way to achieve a positive outcome. Boating accident victims may be able to take legal action to alleviate the burdens of their injuries and other losses.

Options After A Truck Accident

Posted by on Sep 2, 2012 in News | 0 comments

Drivers of 18-wheeler trucks have a great responsibility to safely transport large amounts of goods and products every day all over the country. Unfortunately, sometimes truck driver error or trucking company negligence result in unsafe road conditions for any drivers who are near the truck driver. If a truck accident occurs, the potential for serious physical injuries is great. Because trucks are so large, they almost always cause significant damage to any other vehicle that is involved in an accident with them.

Recovering from a truck accident can be extremely difficult, both physically and financially. If a person is contending with serious physical injuries, he or she might be facing huge medical bills, including paying for emergency treatment, the use of expensive medical equipment, prescription medications, physical therapy, and other costs. Injured victims might also not be able to return to work after an injury, which can make maintaining the normal life or quality of life difficult, if not impossible. However, if a person suffers from a truck driver’s negligence or dangerous actions, he or she could be eligible for financial compensation.

What You Can Do

Truck accidents can leave victims feeling helpless and overwhelmed with all of their expenses and injuries. But victims may be able to take action after a truck accident and should consider doing the following:

– Gathering evidence for a claim
– Documenting any bills and collecting receipts
– Taking pictures of damage
– Consulting with an attorney

There are many things that a truck accident victim might be able to do to combat the effects of their injury, but one of the most important might be to consult with an attorney. If you or someone that you love has been injured by a negligent or dangerous truck driver, contact an experienced Lake Geneva personal injury lawyer today to discuss your legal position and how you might be eligible to obtain financial compensation through a personal injury lawsuit.

DUI While Operating A Commercial Vehicle

Posted by on Sep 1, 2012 in News | 0 comments

DUI, or driving under the influence, is an extremely serious offense that, unfortunately, many people find themselves facing. Such a charge can carry severe penalties that could drastically alter a persons life. This may be particularly true when a driver is operating a commercial vehicle, as charged can be greatly exacerbated in these circumstances.

Due to the size of most commercial vehicles and the number of hours these drivers spend on the road, commercial drivers have added responsibilities compared to drivers without this special license. Because driving is a commercial drivers livelihood, being charged with operating a vehicle while under the influence may be accompanied by more severe legal penalties if they are convicted. Regrettably for any driver in this situation, a person facing such a charge could find themselves with life-altering consequences if they are convicted with a DUI.

Possible Penalties

The specific penalties that are often place upon those convicted of driving under the influence while operating a commercial vehicle vary, based on the exact circumstances of a case. However, some of the potential consequences might involve:

  • Alcohol awareness courses
  • Mandatory probation
  • Loss of driver’s license or commercial license
  • Hefty legal fines
  • Property replacement costs
  • Jail or prison time

These consequences are placed upon people who are convicted of a DUI while driving a commercial vehicle. Thus, it is important to both understand your legal rights in this situation and to know that there is someone willing to fight for and support you through this difficult time.

If you or someone you know has been accused of driving under the influence while operating a commercial vehicle, contact an experienced DUI attorney today to discuss how a knowledgeable legal professional can prepare a strong defense or case for you, increasing your chances of having your sentence reduced or your charges dismissed entirely.

Cyber Laws Standing Alone Cannot Stop Cyber Crime

Posted by on Aug 24, 2012 in News | 0 comments

Cyber crimes are increasing day by day due to an increase in unemployment and poverty. Hackers do not find an appropriate job that suits their personality so when anyone offers them to enter into cyber crimes for payment and no one would catch them, they just accept it blindly. It is the right time to stop all this evil. Cyber law define the act that one should not do and attach a punishment with it. These laws do not state how one can transform these hackers to an honest person and then use their intellectual for the betterment of the country.

Internet regulation laws are related to the internet which is not just restricted to one field only but is surrounding this whole spherical planet. Therefore, these crimes not only hurt the privacy of a particular individual or a firm but are a threat to the infrastructure and the economy of a nation. International companies may stop to investing in such nations where they find a defect in technological laws or they may feel that cyber laws are not sufficient enough for protecting their privacy. When such cases happen then foreign direct investment, which is an important backbone for increasing the gross domestic production of a country, runs out due to which the nation may run into deficit.

So these hackers, directly and indirectly, are becoming a big issue day by day. Punishment or internet laws are not enough to stop these cyber crimes. One has to take serious action regarding them and Cyber laws need more modification. Not only this, an investigation team must be formed that should find out the main cause that have led people to become hackers and then help them fight this cause. The reason for these crimes has to be abolished else catching few hackers is not the victory. Victory lies in abolishing the roots of this evil.