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Tips for Recovering from a Chapter 7 Bankruptcy

Posted by on 4:52 pm in Uncategorized | Comments Off on Tips for Recovering from a Chapter 7 Bankruptcy

The decision to declare bankruptcy is a tough one, and one usually born of sleepless nights and anguished worries of what’s to come. It’s only natural to feel that way, since most people are extremely reluctant to admit that their financial situation has gotten so out of control that they have no alternative but bankruptcy. You should know, however, that your financial situation will begin improve the moment you file, and will only get better from there on. Read on for some tips on handling life after a bankruptcy filing. 1. Examine the road to bankruptcy. You cannot begin on the road to making better decisions until you understand where things went wrong in the first place. You can learn to use credit more wisely, to make and use a budget and to put aside some emergency funds, but only if you make it a point to do so. 2. Check your credit report regularly. While the black mark of bankruptcy can be upsetting to view, you should know that a federal bankruptcy filing is not enough to prevent you from getting any credit at all. Make sure that the debts you listed on your bankruptcy petition are not showing as current or past due debts; they should only be showing up as closed accounts. Take care to report any mistakes or issues as soon as possible to all three credit bureaus. 3. Beware of bad credit offers. As mentioned above, you will be offered opportunities to get credit, and often you will find offers in your mailbox right after your bankruptcy is final. In fact, the record of your federal filing is what prompted those offers. Regard these offers with skepticism, and read the fine print carefully. Often, these creditors prey on bankruptcy filers and their desperation with cards that come with high interest rates and punitive fees. 4. Keep a watch on your credit score. You can only go up, so use one of the free sites like Creditkarma.com or Credit.com to check your score and your report every month. 5. Seek support. You are far from alone on your journey back to fiscal health, though it may feel that way at times. Sites like creditboards.com offers a forum full of success stories and helpful advice about rebuilding credit, getting auto loans and even mortgages in the years after a bankruptcy filing. You cannot begin on the journey toward a better financial future until you get started on it by declaring bankruptcy. Discuss your financial situation with firms like The Law Office of Israel S Hernandez,...

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When You’re Not Married: Finding A Palimony Lawyer When You Are Separating From A Partner

Posted by on 1:15 pm in Uncategorized | Comments Off on When You’re Not Married: Finding A Palimony Lawyer When You Are Separating From A Partner

When you live with another individual as a couple, but you never get married, it can be difficult to divide your assets in the event of a breakup. The laws that apply to married couples in a divorce as they separate property do not pertain to unmarried couples unless the couple lives in one of the few states that has common law marriage or domestic partnerships. When two people aren’t married, any property in each person’s name and any debt that one has is the separate property of that individual. It doesn’t matter if the debt or assets were accumulated during the time the couple was living together. When a Joint Bank Account Is Opened A joint bank account, or buying a house together is a deliberate attempt to combine assets. In this case, the joint bank account and the house are considered assets of both parties, regardless of whether they are married or not. These assets are divided in half, and it is up to both parties to create a plan that is fair to one another or the matter can be brought to court. Problems can occur when one party can prove they that contributed a much great percentage to the acquisition of a home or to a bank account. If one person put in 90% of the funds for a home, for example, they may be entitled to more of the proceeds if the home is sold. Unlike a married couple, where assets accrued during the marriage are considered marital property, assets acquired while two people are living together as a couple are not automatically considered joint property. Why You Need a Palimony Lawyer Breaking up as an unmarried couple when the assets are complicated usually requires the help of a palimony lawyer. Your case doesn’t go to probate court like a divorce, but is instead more like business partnership that is breaking up. The rules governing property can be confusing, and an experienced attorney who knows how to get you what you deserve is essential. You Can’t Get Alimony After Separating Either The only way you would be able to receive alimony payments if you are an unmarried couple that is now separating is if you had drawn up a written agreement that agreed to support after a separation. It doesn’t matter if one partner was financially dependent on the other, like it does when two people are married.  When you have children together and both of you are the legal parents, you can work out your own custody agreement without having to bring your agreement into the court. If the two of you begin fighting over custody, visitation rights, or who owes child support, this is the one area of the law where you will be treated like a married couple. If one parent isn’t the legal parent, they have no rights to visitation, but they also have no obligation to support the children. Contact a firm like The Law Office of Cary W. Goldstein, Esq., PC to learn...

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Need To Consolidate Debt? Don’T Make These 3 Mistakes

Posted by on 4:04 pm in Uncategorized | Comments Off on Need To Consolidate Debt? Don’T Make These 3 Mistakes

Are you currently suffering from debt, and not sure what to do about it? It’s possible to consolidate your debts to take back control of them. Those debts with a high interest rate can be consolidated with a lender that has a much lower rate, making them more manageable to pay back. Before you jump into debt consolidation, know not to make these 3 mistakes. Not Consulting A Professional Consolidating your debt is a wonderful option for some people, but it isn’t the only option that you have. Consolidating debts means that you are still responsible for paying back the original debts. It is best to talk to an attorney about other options, such as bankruptcy, and if it would be best to go that direction instead. They may offer you alternative options as well, such as debt settlement, which will help reduce how much you owe to your creditors. Assuming All Your Debts Are Eligible For Consolidation Be aware that all your debts may not be eligible for consolidation. As a general rule, debts that are not secured would be eligible to be consolidated. For instance, this would include debt that you have on a credit card, since there is no collateral securing the debt. Your mortgage is not something that can be consolidated in most situations, because the house itself is the collateral. You may need to look into alternative methods for those debts, such as refinancing your mortgage. The whole process may involve using several methods to get your debts under control. Not Making the Same Mistakes Part of debt consolidation is stepping back to look at your entire financial picture. You must understand how you got into debt in the first place, so that you can avoid getting into a financial situation like this again. It helps to come up with an actual budget, with factoring the consolidated debts that you owe. Paying off those debts will be a top priority each month, and then paying off big bills such as your mortgage payment and utilities. By understanding what income you have left after paying off those major items, you can create a budget that will work for you. Having this game plan will help getting back into the situation you were in before you consolidated your debts. For more advice on debt consolidation, work with an attorney, like Hawkins  Bingham &  Miller  in your area. They can go over all your options as well, including bankruptcy and debt...

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A Guide To Breach Of Contract Issues For Brokers And Agents That A Residential Real Estate Lawyer Can Help With

Posted by on 11:06 am in Uncategorized | Comments Off on A Guide To Breach Of Contract Issues For Brokers And Agents That A Residential Real Estate Lawyer Can Help With

If you are a real estate broker or agent, you are likely to already be familiar with the possibility of being sued after a real estate deal has completed or even as the result of a failed real estate transaction. Unfortunately, there is the very real possibility that a lawsuit could result in significant financial loss. Even if the case is ultimately decided in your favor or it is dropped prior to making it to court, the issue could result in the loss of future income because of the bad PR. Therefore, it is a good idea to be aware of the information below so that you can have a clear understanding of what constitutes a breach of contract and how you can prevent its occurrence. The Breach Of Contract It is important to understand that there are numerous ways that a breach of contract could occur. Whether it is the seller changing his or her mind at the last minute or the buyer needing to extend the date of purchase, that last-minute change can be disastrous. Therefore, it is essential for both parties to have full knowledge of the contract prior to signing any binding paperwork and a real estate attorney can help you customize a contract to clarify specific concerns that could be of interest to both parties. While standard contracts are often available for a nominal fee, it is a good idea to elect for customized paperwork from a respected real estate attorney. Given the propensity of experienced buyers and sellers to skim the paperwork because they are overly confident of their existing real estate knowledge, that step is crucial. In addition, many buyers are surprised to learn that if they extend the closing date by as little as a day, the contract could be voided and the seller may be allowed to keep the earnest money. It will ultimately be helpful to not only discuss that problem with your client but also to have it clearly and succinctly explained in the contract. Making sure that both parties sign off on their understanding of that information is also a good idea. By listing that within a very visible portion of the paperwork, it would be almost impossible for someone to say later that they were not provided with that caveat.  What You Say Can Be As Important As What Is In Writing One issue that is easy to overlook as a realtor or agent who is just trying to help people find or sell a home is that a breach of contract does not have to be written. Instead, it is possible for it to be a verbal issue. For example, it is never a good idea to make statements about your confidence in an increased property value of the home in the future or that you are sure the owner will consent to include certain items in the home for the buyer. Since you must protect your interests by consistently being an accurate and honest communicator with all sellers and buyers, you should be careful to never make a statement you cannot follow through with. In addition, avoid vague statements that could be subject to misinterpretation later. Encourage Legal Representation For Both Parties It is also important for you to make sure that both parties understand how important it is to have their own legal representation, so...

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3 Tips For Hiring A Corporate Lawyer For Your Start-Up Business

Posted by on 12:45 pm in Uncategorized | Comments Off on 3 Tips For Hiring A Corporate Lawyer For Your Start-Up Business

First off, you should know that hiring a corporate lawyer for your start-up business is something that is highly important. This is because your lawyer is going to help you establish rules and guidelines about ownership between you and your co-founders. Without this type of contract being drafted, you can potentially lose control over your business over time and there won’t be anything that you can legally do about it. Now that you know why you need a corporate lawyer, here are three tips to help you hire the right one for your start-up business: Don’t Fall for Free Time Lawyers Some corporate lawyers will target start-up companies offering free time services. However, you have to keep in mind that nothing is going to be free. At some point in the future, these lawyers are going to expect to be paid for their services in the future and it often includes additional fees that ensure your lawyer is making up for that time of not getting paid. Instead, you should seek out a corporate lawyer yourself who will provide services for a reasonable amount of money that you can either pay up front or later on without any additional hidden fees. Be sure to read through their contract to ensure that this will be the case.  Don’t Choose a Name Brand Lawyer Corporate lawyers that work for a name brand law firm are going to be much more expensive and, realistically, not many start-up businesses are going to be able to afford their services. Instead, it’s best to find corporate lawyers who have their own practice. Most of the time, their prices are going to be significantly more affordable for your start-up business. On top of this, you are sure to get the same quality of services, so long as you choose a lawyer who has a good reputation.  Young Lawyers Will be More Interested in Your Business When it comes to seeking out a corporate lawyer, it’s best to choose a lawyer who has a bit less experience than others. This is because lawyers with a significant amount of experience are looking for clients that can pay them more and have more challenging work for them. When you are a start-up business, you won’t have challenging legal work for your lawyer. This is why it’s best to hire a lawyer looking to gain experience. They will have the basic knowledge to establish your start-up company with you gained from law school and will be more interested in the work and invested because they won’t have bigger companies taking up more of their time.  When you know these three tips for hiring a corporate lawyer like Carter West Law firm, you can hire the right one for your start-up...

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Times That You Should Hire A Private Investigator To Observe Your Teenager

Posted by on 2:54 pm in Uncategorized | Comments Off on Times That You Should Hire A Private Investigator To Observe Your Teenager

Parenting a teenager presents a unique set of challenges and can occasionally be a difficult period. When you suspect that your teen has been engaging in behavior that you do not condone, you might be quick to confront him or her. However, unless you have solid proof that this behavior is indeed occurring, the confrontation will be difficult because it will essentially be a situation of “he said, she said.” Instead of trying to spy on your teenager to observe his or her habits, consider calling a professional for help. A private investigator has the skills and tact to observe your teen without getting spotted, which can provide you with evidence of his or her behavior and help you be informed. Here are some times that you’ll want to hire this investigator. You Believe That He/She Is Doing Drugs Teen drug use is a serious concern and a clear threat to your child’s health. If you suspect that your teen is using drugs and you want to send him or her to a treatment facility, you’ll first need proof. Your private investigator should be able to get this proof for you. The investigator will use high-quality camera gear that can capture images of your child buying drugs (or visiting a high-drug area), for example. If your child is using the drugs in a public area, the PI might be able to document this with photos, too. You Believe He/She Is Committing Crimes The last thing any teenager needs is a criminal record, and using a private investigator might be able to catch your teenager in the act with the hope of scaring him or her straight. For example, if you think your teen has been shoplifting, the PI can follow the teen into a retail area and hopefully take photos or videos that depict the crime. You can then use this evidence to confront the teen. You Believe He/She Is Involved With Gangs Even if your teen isn’t specifically committing crimes, membership in a gang can seriously derail a teenager’s life. However, it can be difficult for you to actually prove that your child and his or her friends are part of a gang. This is a job for your local PI, who can survey the scene and gather evidence that suggests a gang membership, such as dressing in the same manner, using gang signs, or even engaging in activities such as gang initiation. Armed with this proof, you can have a serious discussion with your child about the risks of this lifestyle. For more information on hiring a private investigator, contact a company like Blue Systems...

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Is The Bartender To Blame? What You Should Know About Bartender Liability Laws

Posted by on 10:12 am in Uncategorized | Comments Off on Is The Bartender To Blame? What You Should Know About Bartender Liability Laws

If you have been charged with a DUI after a night out in a bar, you may think you have no one to blame but yourself. While you bear much of the responsibility, most every state in the nation now prohibits the sale of alcohol to clearly inebriated individuals. While there is some variance among states, the bottom line is that bartenders and those serving alcohol can receive much of the liability through violation of the laws in place to protect those drinking in an establishment. The following is information about these laws and how your bartender could be held liable. How Can A Bartender Know You’ve Had Too Much? Bartenders are not at liberty to perform any type of DUI screening, but they are supposed to know what to look for in a person once they have had too much to drink. Being intoxicated is often described as a person who has had enough alcohol that it observably affects a person’s overall disposition. Some of these things include an inability to balance, knocking over drinks or lack of coordination, bloodshot eyes, slurred speech, and an overall disheveled appearance. Any of these can signal a person who clearly has had too much to drink. Are The Laws Always Enforced? The answer to this will depend largely on where you live. In some areas, the laws are very strict and are fully enforced. However, other areas of the country do not follow them as strictly. For instance, in areas that are known for wild partying, such as New Orleans or Las Vegas, you will not find as much enforcement as you would in smaller, less raucous areas of the country. In addition to geographical region, there are some practical reasons why these may not always be enforced. In areas that have a very small budget for law enforcement, you may find that they focus on the more critical areas of the law, like robbery or murder. Still other areas are not enforcing the laws because they are somewhat undefined and unclear. This can lead to inconsistent enforcement, which can lead to a completely different set of legal issues for bartenders. While there are laws in place to prevent over-serving to inebriated people, keep in mind that there is quite a bit of ambiguity in the laws. If you are hoping to get out of your DUI charges by placing blame on your bartender, you will need to work closely with your DUI attorney to see how often these laws are enforced where you...

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Just Win A Personal Injury Case? Know Who May Want Part Of That Settlement

Posted by on 9:18 am in Uncategorized | Comments Off on Just Win A Personal Injury Case? Know Who May Want Part Of That Settlement

Once you receive your settlement from a personal injury lawsuit, your goal will be to use that money to compensate you for the injuries that you sustained, and hopefully return to the life that you had before the injury. Unfortunately, this may not be possible, since there always seems to be people out there that want to take that settlement from you once you get it. Be aware of these three types of people that want their share. Health Insurance Providers Since a personal injury case can take time to settle, your insurance provider understands this and helps by paying for the bills until your court case is settled. Once you receive your settlement money, they are going to want to get back the money that is owed to them. With medical bills being such a large part of the settlement, you’ll want to make sure that your insurance provider is not taking more than what they are owed. Be sure to go through your medical bills and make sure that any that are not related to the accident are not included in the amount that you owe them. For instance, you do not want the mistake of a doctor visit related to an annual check up being billed to your settlement claim. Former Spouses Do you think that it’s possible that you will be getting divorced? Know that your spouse may want part of that settlement claim. State laws may define that settlement claim as marital property rather than personal property. This means that the money will be divided during divorce proceedings based on state laws about how property is divided. You can prevent this from happening if you live in a state with common-law property. You need to deposit money related to the settlement into a personal bank account rather than a joint bank account, which keeps the settlement in your name. If you do not combine the settlement money with other assets, you won’t need to divide it later during a divorce. Creditors A personal injury can leave somebody with financial troubles, especially if they’re out of work and having difficulty paying the bills. Creditors are going to come after you to get back money that you owe them, and you might not be able to keep them away for very long. Be familiar with your state laws and if filing for bankruptcy will let you keep your settlement money. Work with your lawyer to help deal with any of these people that want a part of your...

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3 Reasons Young Adults Should Meet With An Estate Planning Attorney

Posted by on 9:56 am in Uncategorized | Comments Off on 3 Reasons Young Adults Should Meet With An Estate Planning Attorney

As people enter their golden years they are usually thinking about their estate plan. Many estate planning attorney’s have clients who are older and are preparing their estate to pass on to their family. However, what many people fail to recognize is that it is just as important, if not more important, for young people, especially young families, to have an estate plan as well. Here are some reasons why you should be getting an estate plan, even when you are young. 1. To Protect Your Children One of the most important reasons to get an estate plan while you are young is to protect your children. If something were to happen to you and or your spouse, what would happen to your children? You need to consider the possibility that you may need someone else to care for your children if you are unable to. When you create an estate plan you will name a person to care for your children if you should pass away. if you don’t have an estate plan and have a guardian named, a judge will assign the care of your children to someone. You don’t want to leave this vital decision up to a judge. It should be you that chooses someone who you believe will be the best guardian of your child(ren). 2. To Protect Your Wealth Second, you need to consider finances should you pass away. If you already have a good deal of wealth, you need to organize it in a way so that it is easily accessible for you family after you pass away. You can put the money in trust accounts, name people as beneficiaries, and set aside money for education, living expenses and the care of your family. If you don’t have your money organized properly it can be overly taxed, or it can be used for things that you don’t approve of. 3. To Protect Your Interests and Wishes Lastly, you need to meet with an estate-planning attorney to protect your interests and wishes. When you meet with the attorney you will make power of attorney documents. This gives someone you trust the power to make medical, financial and legal decisions for you if you are unable to. If you don’t have these documents, someone who don’t trust could be put over these decisions. These are just three of the many reasons why you should be meeting with an estate-planning attorney (like Linn Schisel & DeMarco Attorneys At Law) while you are...

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Tips For Gathering Evidence For Your Personal Injury Case

Posted by on 9:09 am in Uncategorized | Comments Off on Tips For Gathering Evidence For Your Personal Injury Case

The results of your personal injury settlement or trial are highly dependent upon the evidence you have. This evidence needed isn’t just to prove that you were injured or that your injuries were severe, but also to show that the person or entity you are suing was negligent and responsible. The following tips can help you gather and preserve the evidence you need. Tip #1: Arrange for prompt photographs at the scene The best option is to take out your smartphone or camera and snap some images of the accident scene from several different angles immediately following the injury. You want to make sure that you get shots that show both the general environment and the direct cause of the accident. If you or someone you trust can’t take pictures immediately, then you need to have pictures taken as soon as possible so that the scene can be captured as close as possible to the condition it was in at the time of the accident. Tip #2: Write down the details As soon as possible after the injury, perhaps while waiting in the emergency room, write down all the details that you remember. This includes the time, date, and location, along with all the particulars of the accident. Try not to overlook anything. For example, if it was raining outside, make sure that you note the weather. This write-up will be used by your attorney as they begin building the case, so don’t show it to any insurance adjusters or attorneys for the other party unless your attorney gives you the go-ahead. Tip #3: Check for videos Surveillance videos are becoming more common, whether from private residences or business owners. First, check with the property where the accident occurred. Your attorney will be able to secure a copy of any video that caught the accident. Also, check with neighboring businesses or residences to see if they had a surveillance video that caught the accident. If there is a camera that picked up the area, then request a copy of the video to use as evidence. Tip #4: Document your injuries The final piece of evidence will be your exact injuries. This means photographing the injuries as soon after the accident as possible. You will also need to save all medical paperwork pertaining to the injuries, including any written statements by the treating physician, diagnostic and treatment paperwork, and invoices. For more help with gathering the appropriate types of evidence for your case, contact a personal injury attorney in your...

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