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Your Bankruptcy And The Role Of The Trustee

Posted by on 5:48 pm in Uncategorized | Comments Off on Your Bankruptcy And The Role Of The Trustee

The entire bankruptcy process can take some time to occur, sometimes several months. In addition to your bankruptcy attorney, you will likely not be dealing with anyone else during this process with the exception of the bankruptcy trustee. This court official will be overseeing your bankruptcy from start to finish, including the surrendering of property and ruling over the creditor’s meeting. To learn more about the role of the trustee in your bankruptcy, read on. The Creditor’s Meeting This meeting, also known as a 431 meeting, is often the only “court” appearance required during the bankruptcy process. Your trustee will be taking on the role of a judge and presiding over this meeting where you will be questioned under oath about your financial affairs. This meeting normally proves to be brief and uneventful, unless a creditor actually appears to object to being included in your bankruptcy filing. Inspecting Assets Many times you will receive a home visit to inspect your property during bankruptcy. This sometimes is done by the trustee, but may be accomplished by a representative instead. You will have plenty of notice about this inspection and you must cooperate or risk having your bankruptcy denied. You should understand that no property will be removed from your home during this inspection; instead photographs and notes will be taken. The purpose of this visit is to verify that you have listed all property and its value accurately on your bankruptcy petition, so the trustee will review the information gathered and determine if there is cause for further investigation. Seizing Assets The trustee is actually compensated based on how much of your property can be seized, sold and given to your creditors. Your property is divided into exempt and non-exempt. Your exempt property normally consists of a certain dollar amount allowed on your major assets like real estate and vehicles. Any non-exempt property seized and sold results in a 25% commission on the first $5000, 10% for $5000-50,000 and 5% for $50,000-1,000,000 for the trustee. As you might imagine, the interest a trustee takes in your case is directly proportional to the amount of non-exempt property that you possess. It’s vital that you be completely honest, accurate and forthcoming about your assets when you complete your initial bankruptcy paperwork. Hiding assets is a federal offense and will result in the closing of your bankruptcy case due to fraudulent activity. A faithful and factual accounting should result in a few uneventful encounters with the trustee, and soon you will be on your way to a better financial future. Consult closely with your bankruptcy attorney, such as D Derk Demaree Attorney at Law, for more information about the role of the...

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What You Need To Know About Seeking Damages After An Auto Accident

Posted by on 3:54 pm in Uncategorized | Comments Off on What You Need To Know About Seeking Damages After An Auto Accident

Unfortunately, auto accidents happen daily, and when they occur, people get injured. Because of this, it’s important to understand what rights you have immediately following a car accident that caused your injuries. This way, you can determine whether or not you want to speak to an auto accident attorney about filing a personal injury lawsuit against the at-fault driver. Filing an Insurance Claim If you were injured as a result of a car wreck, you should report the incident to your car insurance company as soon as possible so that the company can begin working on your insurance claim. However, you don’t want to accept any type of settlement offer until you know the extent of your injuries and what you need to do to recover. It’s possible for auto accident injuries to develop over the days following the accident, so you don’t want to accept a settlement right away.  Once you have a settlement offer, allow your car accident attorney to review it to determine whether it’s a fair offer. Your attorney will then advise you as to whether or not you should accept or decline the settlement. If you decide to decline the settlement, it doesn’t automatically mean that you have to go to court. Many times, a fair settlement can be reached during negotiations between the insurance company and your attorney. Know Your Rights If you’ve been involved in an auto accident, knowing your rights helps to ensure that you don’t do or say something that could negatively affect the outcome of a future lawsuit. You have the right to: Deny discussing the car accident or providing a statement to the other driver’s insurance company. Decline to sign any documents before your lawyer has reviewed them. Seek damages for emotional, physical, and financial losses suffered as a result of the wreck. Auto Accident Liability Most people know that they can file a lawsuit to recover damages from the person who was responsible for the car accident. However, in certain circumstances, another party could be partially liable for the accident as well. The company that employs the at-fault driver could be held liable if the driver is driving a company-owned vehicle during the time of the accident. A car owner whose allowed an incompetent or unfit person to drive the vehicle that was involved in the accident. A few things that might be considered when trying to determine whether the driver was fit include whether the driver was licensed, sober, or have a reckless driving record. Parents of a minor child who was driving the vehicle. No one wants to be involved in a car wreck, especially an accident that caused injuries, but it happens. If you’ve been injured in an accident, contact an auto accident attorney like those at the Knochel Law Offices for help reaching a fair...

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3 Types Of Child Custody

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Ending a marriage is never the easiest thing to do, and this is even more the case if there is a child involved. The difficulties of getting through this time can be even more challenging if you have a family. It’s possible that both of the parents may want full custody of any children once the divorce is finalized. However, varying types of custody should be considered by the divorcing spouses. However, it is ultimately the court’s decision regarding this issue. Type #1: Legal custody This is when either or both of the spouses in some cases have legal custody of the child. If both of the spouses have this type of custody agreement, there will be specific times set for each parent to consider. The advantages of legal custody include being able to make important decisions about the well-being and the future of the child solely or jointly if your spouse is involved. If there are differences of opinions between the spouses regarding certain child-rearing issues, the court may need to step in to resolve these. Type #2: Sole custody If one of the parents is deemed mentally or physically unfit to care for the child, sole custody may be awarded to just one parent. This custody type is typically granted when there has been drug dependency or alcohol addiction by the other spouse that may make this person less likely to take the best possible care of the child. Type #3: Joint custody There are numerous cases where both spouses are rewarded custody of the child jointly. This means that the spouses must work together while raising this family member and if there is a conflict, the court may have to rule on it. Listed below are other typical things considered for joint custody: 1.  The amount of time the child will live with each parent and when. 2.  Where this family member will spend the holidays. 3.  Who pays for certain expenses, such as medical, dental or other costs for the health of the child. However, there are disadvantages to joint custody, and these include shuffling the kids around from home to home and dealing with negativity from parents who don’t see eye-to-eye on things. It’s important for any spouses who are divorcing with children to know the various types of custody that are available. Be sure to rely on the expertise of a family law attorney to assist you with...

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A Kinder Divorce

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Once the decision to divorce has been made, you have another choice to make that could influence the tone of your divorce proceedings. You can take steps to ensure that your divorce results in a more positive, hopeful beginning, instead of a stressful and negative mess, by being reflective about the causes of the divorce, by taking responsibility for your part and by the legal team you choose to handle the divorce. Read on for important steps toward a friendlier divorce. Take a dispassionate, non-blaming look at how your marriage failed As you can imagine, overly emotional and vindictive behavior can result in both time-consuming and expensive divorce situations. It’s very tempting to place blame on the other party when a marriage falls apart, but relationships don’t happen in a vacuum, and being able to come to terms with your part in the break-up will not only ease the stress between you and your spouse, but will serve you well as you move forward into a new relationship. Using the court system to exact revenge will cost you both time and money and will inhibit your growth and recovery process. View the ending of your marriage by considering how hot-button issues like health, work, infidelity, stress and mental health have affected your relationship. Communication differences can cause enormous problems that can sometimes be helped by marriage counseling, but are often too severe to overcome once years of misunderstandings pile up. It’s extremely difficult to have a successful relationship without proper communication skills from both parties. Life can throw you curves occasionally, and how you, and your spouse, handle those occasions can define your relationship. Handling the feelings associated with stressful events can make or break you, so take a look at how you both dealt with insecurity, anger, fear, and other unwelcome but common emotions when faced with an unusual situation. Mediation and collaborative divorces Some divorce attorneys are beginning to practice a new form of divorce, referred to as collaborative divorce, that fosters open communication, problem-solving outside of court and a less adversarial stance toward divorce in general. Additionally, a divorce mediator can be a valuable part of your legal team. Mediators are specially trained to help divorcing couples work through specific issues like property and debt division, child custody, support and visitation and spousal support. Any issues solved through mediation is one less issue for the courts to decide. You, your spouse and your children all deserve a more positive and less traumatic experience. Talk with your family law attorney like one from Law Office of Jeffrey Dragon today about more ways to make your divorce less acrimonious and more positive....

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Surviving Assault Or Battery: A Personal Injury Case Can Help You Get Back On Your Feet

Posted by on 4:19 pm in Uncategorized | Comments Off on Surviving Assault Or Battery: A Personal Injury Case Can Help You Get Back On Your Feet

Even if the police have already dealt with someone who intimidated or attacked you, it can be hard to get your life back on track. Lost wages, medical bills, or residual emotional trauma can all make daily living more difficult. If you feel you’re still struggling with the effects of the incident, it may be time to consider exploring your options for a civil personal injury case against your attacker. At the very least pursuing a civil suit against the person who wronged you may help you live your life more comfortably. Assault Does Not Require Contact Though being assaulted is commonly taken to mean being physically attacked, the legal definition of assault is simply being threatened by another person. This threat does not have to be verbal: someone pointing a gun at you could be considered assault if you have reason to believe the gun is real and they might shoot you. The threat also does not have to be violent specifically. Threats of unwanted sexual contact or other forms of offensive contact, such as contact with bodily fluids, can also be considered assault. Outcomes for assault victims in civil court typically involve small damages. Unless the incident was particularly egregious, or the same person has assaulted you previously, the cost of going to court may exceed the damages awarded to you. On the other hand, pursuing an assault case in court does significantly increase your likelihood of receiving a restraining order against the person who assaulted you. Battery Can Happen Without Assault You might be used to hearing assault and battery mentioned together, but each can happen without the other. If you had no threat or indication that harmful touch was imminent, you may have suffered battery without assault. Direct and immediate battery is defined as an unwanted contact intended to harm the victim. What constitutes harm is up to your judge, but violent contact and unwanted sexual contact are commonly accepted examples of harmfully offensive touch.  Damages in direct battery cases will typically cover any medical costs or lost wages incurred as a result of the incident. If the battery was emotionally harmful to you, the judge may also award you damages for pain and suffering. Defendants who are repeat offenders, especially if this is not their first offense against you, may also be forced to pay punitive damages. In all but the least serious of battery cases, a restraining order is virtually assured if you choose to request one. You don’t have to go it alone after being victimized. If you need help making up for the costs of your recovery, talk to your lawyer about a civil suit. You might be able to get the protections and damages you need to get back on your feet and regain your peace of mind. Contact a local attorney, like GSJones Law Group, P.S., for more...

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How To Change A Regular Corporation To An S Corporation

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One of the most important characteristics of a corporation is that shareholders are not personally liable for obligations of the company. A negative aspect is that profits are taxed first at the corporate level and then at the personal level as dividends. Corporate shareholders may retain liability protection and avoid double taxation by electing to change their company to an S corporation. The election to be classified as an S corporation is for tax purposes only. The operations of a company are not usually affected by whether or not it is an S corporation. The tax difference arises only after a corporate officer applies for the change. Tax consequences The profit of an S corporation is not taxed at the corporate level. The operating results of the company flow through to individual shareholders, who report the activity on their personal tax returns. Double taxation is avoided, even though the corporation is a separate legal entity. The financial results are passed through to shareholders, regardless of whether any funds are actually distributed. Even if earnings are retained by the company for business expansion, shareholders must pay tax on their pro rata share. Qualifying requirements An S corporation cannot have more than 100 shareholders, so the largest corporations are not eligible. All shares of stock must be of the same class, conferring identical rights to the future distribution of profit. Even though distribution rights must be equal, a distinction is allowed between voting stock and nonvoting stock. Application process The change in tax status is initiated by filing IRS Form 2553 with the Internal Revenue Service. For a new corporation, Form 2553 must be filed within 2 1/2 months of the start of operations for the tax year. An established corporation must file Form 2553 within 2 1/2 months after the start of the tax year in which the switch is desired or in the previous year. Form 2553 requires the signature of every shareholder. Obtaining up to 100 signatures may take some time if shareholders are in different locations. A requirement of S corporation shareholders is that they must not be a nonresident alien. The corporation itself must be a domestic entity, chartered in the U.S. After Form 2553 is filed, the IRS will notify you of either acceptance or denial. If accepted, no continuing forms are needed to retain S corporation status. If the company ceases to meet the requirements of an S corporation in the future, it reverts to a regular corporation. For more information, contact Caldwell Kennedy & Porter or a similar...

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3 Tips For Saving Money On Estate Taxes

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Throughout your life you will pay a lot of money in taxes. No one can escape paying taxes, not even in death. There are death and estate taxes put in place, so that even after you pass away, the government will take some of your money. Although you cannot prevent all of the taxes, you can do some things to help you protect your money. Here are a couple tips for saving on estate taxes. 1. Gift Before You Die Each year the IRS gives a limit to how much you can gift friends and family without having to pay any taxes on it. This year you can gift up to $14,000 per individual. This means that if you have a married child you can give the couple $28,000 without paying any taxes. Consequently, if you are worried about your children not getting their money because the IRS is taxing it after you die, try gifting it before. 2. Opt For Joint Ownership Another great option for dodging estate taxes is to have joint ownership on your property. For example, if you know you are going to give your house to your only son after you pass away, have him put on the deed of the house before you pass away. If you chose to have the house given to him through the will, he will have to pay taxes on the value of the home at your death. This could be a great amount of money. However, if you have him on the title and the deed, when you die the ownership passes over to him, and although there may be an inheritance tax, it is probably less than the estate tax.   3. Put Your Money and Property In Trusts In the past, wills used to be the most common way for people to pass along their estate and property. However, wills are taxed differently than trusts are. Trusts are a much safer and smarter way to go when it comes to estate planning. You can put your house, bank accounts, investments, and much more into a trust. Then when you pass away, the money and property in the trust will be executed according to your instructions. Unfortunately, you will still have to pay some money for taxes in trusts, just not as much as if you had put it all in a will. By using these three tips, you can save money on estate taxes.  To learn more, contact an estate planning attorney like Beck Law Office PC...

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Understanding Your Role As Trustee For Your Parents’ Trust

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Sometimes, parents create multiple trust accounts for different purposes, naming different trustees for each one. Even if you’ve received an inheritance from your parents, you may find that they’ve assigned you as trustee for another beneficiary’s trust. If this happens, it’s important you understand exactly what that means for you. After all, if you’ve never had to deal with a trust before, the whole process may seem daunting and unfamiliar. If you want to be sure you are successfully meeting all of the responsibilities of your role, there are a few things that you can do. Here are some tips to help you understand and live up to the responsibilities set forth for you as the trustee. Read the Trust Document The trust document is something that your parents drafted with the help of an elder law attorney. It’s probably the best place for you to start because it will detail all of the rules and expectations that your parents have for you as you manage the trust. If there’s something in the document that you don’t understand, talk with the attorney who helped create it for some clarification. Establish a Separate Account You’ll find it easier to manage, report on and account for the funds in the trust if you establish a separate checking account for it. All of the trust-related financial activity should go through this account. Act on Behalf of the Beneficiaries Remember that as the trustee, it is your responsibility to act in the best interest of the beneficiaries. Keep their interests in mind at all times when making decisions about financial management. Keep It All Professional Although you have access to it, don’t use the funds in the trust for anything personal. Remember that every expenditure from the trust is supposed to be directly related to the estate, the beneficiaries and their needs. It also means you can’t lend money to anyone out of the trust. Create Annual Statements One of the most important things to remember as a trustee is that the beneficiaries and any other people named in the trust should receive regular statements that detail the activity in the account. You can produce annual statements that clearly illustrate how much was spent, what it was spent on and what’s left in the account. You may also find that the beneficiaries want more frequent information, which may mean creating quarterly statements instead. Be Attentive to Investments As the trustee, it is also your responsibility to seek investment opportunities for the funds. However, there should be a balance between being proactive about investing and being reckless. Make sure that you’re choosing productive, logical investment opportunities so that the funds are growing, not diminishing. You may find that you need to seek professional investment advice, but the goal is to diversify the investments. You may even want to talk with the elder law attorney your parents worked with to see if they had any wishes for the fund investment. For more information on elder law and estate planning, contact a lawyer like James M Snow who specializes in that area of...

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The SSA Isn’t Perfect: Common Mistakes That Lead To Benefit Claim Denials

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Mistakes happen to the best of us. However, when a judge or someone else involved in the social security administration or a judge makes a mistake, this can create a lot of headaches when you apply for social security disability. Under these situations, you will need the assistance of a lawyer to fight for your rights. The Medical Source Statement Isn’t Considered You rely on the opinion of a physician regarding your ability to work and how injured you happen to be. However, the judge may not consider the Medical Source Statement given by your physician when determining if you should be on social security disability, so you may need to appeal. When you appeal, the judge will be required to explain how much weight was given to your physician’s opinion. Often, the judge will realize a mistake was made and accept your social security disability claim. The Judge Misunderstands Your Job Title Sometimes, the Social Security Administration (SSA) does not understand the nature of your job and may believe that you will be able to continue to perform your job despite being injured. For example, the SSA may believe you are only required to sit behind a desk, when your profession may also require you to routinely engage in heavy lifting. With the assistance of a social security disability lawyer (such as Sarah J Liddy Attorney At Law), you may be able to craft a more detailed explanation of what your job entails and why you cannot perform it. You Appear to Have Other Skills Even if you cannot perform your current job, your social security disability claim may be denied if there are other jobs you may be able to perform. Your work history can demonstrate that there are other skills you may have and that you can use these skills to return to work. Your physician and your Social Security Disability lawyer will work with you to help explain that you will not be able to return to work at all. For example, your past experience may have left you with skills that are outdated. Your Disability Was Not Listed As Severe The requirements for having a disability listed as severe are not very high. Usually, you need one or two disabilities that seriously limit normal working activities, such as standing. If your disability was listed as non-severe, you will need to have this corrected to be listed as severe. These changes will increase the odds that you will receive your social security disability...

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Costly Mistakes In Your Auto Accident Claim

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Even though you might do everything you can to stay safe when driving down the road, there is no way to determine what someone else is going to do. Being involved in an auto accident can be extremely frustrating and overwhelming. There are a ton of different things you need to do to make sure everything is taken care of and you aren’t shorted on the amount you are supposed to receive for your settlement claim. To make sure you get what you deserve, don’t make one of these costly mistakes below. Waiting to get checked out by the doctor Regardless of whether you think your injuries are severe or not, you need to take the time to get checked out by a medical professional right away. If you sit around and wait before going in, the insurance company is going to look at your claim like you weren’t really injured that badly and they don’t need to compensate you for your injuries. Spend the time getting a thorough exam as quickly as possible. Injuries might be lurking beneath the surface that you don’t realize are there. Another thing to think about is that injuries can get worse before they get better, so you want to have an accurate record of everything you are dealing with. Underestimating the amount of your claim Insurance companies will often try to get you to settle your claim right away. Their goal is to get your case taken care of quickly and for as little as possible. Oftentimes, people end up taking the settlement because they are in dire need of money from being off work and having to pay medical expenses and transportation costs. While it might seem like a decent offer at the time because you are in need of cash, you could be shorting yourself a significant amount of money in the end. You have to stop and think about all of the money you have invested in car repairs, deductibles, transportation costs to get to your doctor appointments, gas, prescriptions, lost wages and much more. There are a lot of things that come into play when looking at how much you deserve to get from the insurance settlement. Auto accidents can be frustrating and overwhelming. It takes a lot of time and patience to deal with the insurance company, repair facilities and medical providers. By taking your time and thinking things through, you can make sure you get the money you deserve. Speak with an attorney like Stephen G. McGowan LLC who specializes in personal injury cases to make sure you create as strong a case as...

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