Why Chapter 13 Bankruptcy may be Right for You

Chapter 13 of the US Bankruptcy code, also known as Wage-earner’s Plan, Repayment Plan, or Debt Adjustment, is a reorganization or restructuring type of bankruptcy. This specific bankruptcy chapter allows a debtor to propose a three-year payment plan through which he/she intends to settle all of his/her debts (with the permission of the court, this plan can be extended up to five years).

The restructured payment scheme is intended to make debt payments more affordable for debtors; this method also no longer requires a debtor to surrender any of his/her assets and properties for selling. For those who run a business, specifically sole proprietors, they can continue operations and earn profits, which they can also use to pay off their debts.
Although Chapter 7 bankruptcy is the most common type of bankruptcy filed by individuals seeking debt forgiveness, debtors do have other options, such as Chapter 13 bankruptcy. This chapter of bankruptcy has a number of advantages that Chapter 7 bankruptcy cannot provide and is a great option for debtors who have the means to pay back his or her debts over time, but simply need some assistance.

Debtors, who voluntarily file Chapter 13 bankruptcy, are protected by what is called the “automatic stay,” a court order which will stop creditors and collectors from making any attempt to ask debtors for payment. This means cessation of all phone calls, emails, text messages, letters, lawsuits, attempts to foreclose or repossess any of a debtor’s assets and properties, as well as prohibition from petitioning the court to levy the debtor’s bank account or have a part or all of his/her wages garnished.

Besides the automatic stay, chapter 13 bankruptcy has other benefits, including the possible reduction of the amount of loan (from the value of the principal loan down to the market value of the loan collateral). Among those considered as dischargeable debts are penalties and fines payable to the government (except criminal fines); retirement account loans; debts that were denied discharge during a prior filing of bankruptcy; debts resulting from divorce or separation proceedings; debts incurred due to payment of non-dischargeable tax obligations (such as the debts acquired from the use of credit card in paying taxes); debts resulting from the willful and malicious damaging of someone else’s property (this does not include personal injury cases); and condominium or homeowners association (HOA) dues (these dues, however, have a lien on the debtor’s property. This means that, despite the discharge, the debtor can still lose his/her property; thus, it is imperative that these dues be paid continuously).

As explained by Raleigh bankruptcy attorneys of the Bradford Law Offices, although Chapter 7 bankruptcy is the most common type of bankruptcy filed by individuals seeking debt forgiveness, debtors do have other options, such as Chapter 13 bankruptcy. This chapter of bankruptcy has a number of advantages that Chapter 7 bankruptcy cannot provide and is a great option for debtors who have the means to pay back his or her debts over time, but simply need some assistance.

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Facts About Fentanyl You Need To Remember

Fentanyl is a potent synthetic opioid analgesic similar to morphine but is 50 to 100 times more deadly. It is a Schedule II prescription drug and is designed for treating patients suffering from severe pain or for managing pain after surgery. Fentayl is prescribed in various names such as Actiq, Duragesic, and Sublimaze. It is administered via injection, transdermal patch, or as lozenges. The drug works by binding to the opioid receptors of the body.

As of late, fentanyl as subsys sprays became the subject of a lawsuit for off-label prescriptions of its manufacturer. According to the website of Williams Kherkher, such practices can have lethal side effects on a patient. In this article, we shall understand some facts about fentanyl.

Subsys is associated with life-threatening breathing problems and eventually death.
Avoid using Subsys if you are not opioid tolerant. If you are no longer taking opioid pain medicine for cancer, stop using Subsys. Chances are you may no longer be opioid tolerant. Your healthcare provider may have other alternatives for treating your pain.

Follow the prescription procedure given by your healthcare provider
You must not take more than 2 doses for every episode of breakthrough cancer pain. Wait for four hours before treating a new episode of breakthrough pain.

Do not switch to another fentanyl containing medicine without consulting your doctor
The amount of dose in Subsys may not be similar in other medicines that have fentanyl. The starting dose in Subsys may be different in others.

Subsys is a federally controlled substance because it is a potent opioid pain medicine that is subject to misuse and abuse. Make sure to keep the drug out of reach of other people specially those who use opioid medicine or street drugs. Aside from that, selling or giving away of the drug is a violation of the law.

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Spousal Rape: A Criminal Offense in all U.S. States

Under the English common law, which is the source of many traditional laws in the U.S., it was not legally possible for a man to be accused of raping his wife. In support of this position, then jurist Sir Matthew Hale explained in 1736 how marriage implied permanent consent that could not be retracted.

The belief that a man could never be held guilty of raping his wife stood for centuries until in 1979, when legal attitudes about the concept changed due to a pair of separate cases. One of these cases, which may have been the first case that led to a spousal rape conviction, involved a bartender in Salem, Mass., who broke into the house that he used to share with his estranged wife and then forced himself on her. Since the incident involved invasion and sexual abuse while in the middle of a divorce, it was not hard to judge the case as one incidence of marital rape; regardless, this case was a precedent to so many other spousal rape convictions during the 1980s and the 1990s, and the major reason why today, spouses are no longer excluded in state criminal codes’ definition of “rape,” why saying “no” to one’s husband is no longer a ground for divorce, and why spousal rape is declared illegal in every state in the U.S.

According to a criminal defense lawyer from the firm Horst Law, married individuals may be charged with spousal rape if they engage in sexual penetration that is unlawful because it is alleged that the defendant was armed with a weapon, caused serious bodily harm, or the couple has been separated and at least one partner has filed for either divorce or separate maintenance. A charge of spousal rape can be elevated to aggravated sexual assault if the defendant was particularly vile, cruel, or otherwise inhumane and either caused serious bodily harm or was armed with a weapon.

To be accused of a crime can change your life forever. A conviction is so much worse for, besides the penalties, it will also affect your future personal, community and professional life. You should realize, however, that an accusation simply means that you still have the time and any means accessible for a strong defense that will enable you to protect your rights and future and which may even help you earn a verdict of “not guilty.” Being defended by a highly-competent criminal defense lawyer, who knows what evidences to gather and how to gather these, may just be what you need in a case as serious as spousal rape.

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Bluetooth may Reduce Instances of Distracted Driving

Distracted driving has long been one of the leading causes of car accidents in the United States. Although technology has helped us in many ways, it has also become such as distraction that mobile phone use is accounted to about 25 percent of car accidents caused by distracted driving. This a very important fact, because just about every has mobile phones and use them without giving any serious thought to the effects that it might lead to. If the reason for a car accident is distracted driving, the website of Williams Kherkher says that it is legal grounds for a personal injury claim or car accident lawsuit, since distracted driving can fall under negligent or reckless behavior.

According to a recent study published in the Inquisitr website state that using a mobile phone while driving can cause the driver to go through a number of various types of distracted circumstances, such as cognitive, physical, and even emotional distraction. Natural distractions such as absent-mindedness may be risky, but not as dangerous because the brain goes into hyper-focus or “sixth sense” which kicks in and allows the driver to correct any changes in their driving. Using mobile phones, however, does not allow the hyper-focus to take over which could lead to car accidents.

The study used monitoring systems to keep tract of the actions and reactions of drivers while texting or using their mobile phones. It showed that those who used the phones were likely to drift to other lanes, have fidgety hands while on the wheel, and is proven to have the highest negative impact on distracted driving. The results showed the texting while driving is the most dangerous distraction and would only increase the chances of getting into a car accident. The researches advice that if using a mobile phone is really necessary while driving, then hands-free technology such as Bluetooth is a safer alternative than actually typing on your mobile phone.

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What Can Count as Personal Injury?

There are a lot of incidents these days that are taken more seriously than they used to be before. Some people with a certain privilege will cry out that this is a foul upon their rights of freedom or something like that. However, this increased awareness can lead to certain complications as there’s such a thing as difference between knowing something and understanding how something works.

Take personal injury, for instance. By definition, personal injury is the legal jargon used to describe situations wherein an innocent party was injured (may it be physical, emotional, mental, or any combination thereof) due to an accident that was a direct result of the negligence of another party. This act of negligence may be intentional or purely accidental, they would still be held accountable for the damage that was sustained due to their negligence in a matter of personal injury.

However, due to the rather vague and open nature of this definition, there can be times when something inconsequential could be thought of as a matter of personal injury. For example, if someone were to have accidentally hit a person due to flamboyant gesturing and it caused a bit of a bruise, that would have the markings as what could constitute as a personal injury case – but it’s not that simple. The injury itself must have caused damage so great that it requires compensation.

For example, if a person experienced a slip and fall situation due to improperly marked property and suffered a spinal cord injury due to the magnitude of the fall, then that would constitute as a case of personal injury as there would be medical expenses that need to be handled as well as loss of wages and other financial details that you may not have thought of at first.

It can be easy to be duped into thinking that you don’t need to consult with a professional if your case counts as personal injury or not. It doesn’t, however, hurt to ask.

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Possible Amusement Park Dangers

California has its fair share of amusement parks, and these park rides has lead to thousands of various types of injuries – from mild to severe – and even death. A great majority of the victims is amusement park accidents are children, with some injuries severe enough to demand emergency room treatment. As such, it is important to know who has the responsibility of ensuring the safety of the customers and what types of claims can possibly be file against those at fault for the accident.

There are a great number of injuries that can occur in amusement parks, from small cuts, broken bones, drowning, and lacerations to serious ones like head, neck, and back injuries, traumatic brain injuries, brain aneurysms and stroke from trauma, and death. According to the website of the Williams Kherkher Law Firm, there are many ways that the amusement park can be held liable. The first and most important thing to establish is negligence. If the accident and injuries resulted from mechanical failure, then the manufacturer of the ride can be held accountable, as well as the amusement park from failing to maintain the ride. Improper operation can make the operator of the ride responsible for the injuries that their actions caused, and while there are no mechanical defects in the ride but it was made to be inherently dangerous, the park’s management and operators should be liable for injuries that their amusement rides caused.

A personal injury claim can be filed if it is proven that negligence on the part of the park’s staff or management caused the accident and injuries of the victim. Whether it was carelessness or lack or attention, because the staff is under the management of the amusement park, the victims (or their families) can sue the park regarding their employee’s negligence. On the other hand, if the injury was caused by a defective ride or faulty designs, then a product liability lawsuit can be field. It will then be the ride’s manufacturer to pay compensation for all the damages that their dangerous or defective rides have made.

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Slipping and Falling—More than Just a Simple Accident

Slip and fall accidents are more than just simple incidents. In most cases, they result in injuries that require emergency medical attention. According to the National Safety Council, slip and fall accidents bring about 8.9 million visitors to emergency departments across America each year. Data also shows that the people most susceptible to these types of accidents are individuals who are aged 55 years or older. This fact makes slip and fall accidents a greater cause for concern. However, the most pressing fact about slip and fall accidents are that they can happen in any place with hazards that are easy to miss.

The likelihood of an individual getting injured in a slip and fall accident becomes increasingly high in places with hazards that most people won’t pay attention to. When visiting public places like malls, parks, and resorts, most people assume that the entire area is properly maintained. There is an expectation that property owners ensure that public spaces are free from hazards like slippery floors, exposed wires, uncovered pegs, and cracks on the surface. Unfortunately, there are moments when these details are easily missed both by property owners and visitors, making slip and fall accidents all the more likely to occur. When it does, patrons can end up suffering from injuries like sprains, fractures, and even serious trauma to the back, neck or head. According to the website of McCutchen & Sexton – The Law Firm, serious slip and fall accidents can also lead to paralysis, head trauma, and neurological injuries.

Luckily, all these outcomes can be avoided with some extra precaution. For individuals coming to commercial areas and public properties, it’s important to be aware of their surroundings and take extra care when walking along tricky surfaces or elevated areas. Similarly, property and business owners also have to ensure that their premises are properly maintained. Its crucial public premises are regularly inspected for any hazards. General upkeep is an important part of the responsibility including in owning property that is open for public use.

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Mothers Know Best: The John Eddie Williams, Jr. Story

Sometimes, the phrase “mothers know best” can be easily tossed around and aside as an easy cliché. Yet, for John Eddie Williams Jr., this is not only true but also what paved him into the path that has helped so many people today.

She always used to tell people: “Johnny’s going to be a lawyer.” That encouragement allowed for him to see the opportunity that pursuing law provided. Williams also grew up surrounded by longshoremen, shaping him into someone compassionate to the plights of the individual instead of the larger corporations.

A cum laude graduate of Baylor University in 1976, Williams is now currently the Managing Partner for Williams Kherkher Hart Boundas Law Firm, LLP. In 2002, that same university congratulated him for his accomplishments in the legal field with the honor of “Baylor Lawyer of the Year”; in 2012-13, he was awarded Baylor University’s Alumnus of the Year.

Having had grown up close with workers and understanding that these people are the heart of any company and country, Williams continues pursuing the rights that are owed to these people. After starting out in a large firm which primarily defended corporations, he felt that his integrity was being compromised and wanted to serve and protect the rights of individual workers who may not have the same resources and knowhow that these big brand name companies have. He states that going back to his roots and defending the good guys from the bad guys again is one of the most rewarding aspects of being a lawyer.

Deeply passionate and committed to his work, Williams has won cases for clients that have suffered extensive damage. In 1999, a family was granted over $100 million over a wrongful death and explosion accident lawsuit, thanks to Williams’ dedication and commitment to the case. He has also been involved, and won, several different defective pharmaceutical cases, some of the most difficult in this branch of law due to the medical nature of the case involved.

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Personal Injury Lawyer Costs and Expenses

Many personal injury claims often involve minor injuries and may necessarily require hiring a lawyer. However, in cases where the accident caused permanent or long-term injuries or if certain state laws that require legal expertise arise, it may be necessary to hire a lawyer to help with the injury settlement claim. Getting the right lawyer for your insurance claim play a vital role in either winning or losing the case, therefore getting along with your lawyer is just as important. One of the things that may cause friction between you and your lawyer is disagreements over lawyer fees and costs.

In order to avoid disagreements on costs and fees, you should make sure that a written agreement is made between you and your lawyer. If your’ lawyer’s written agreement is made via their law office’s standard, ensure that is also provides specific agreements made between you and your lawyer. Lawyers are often careful about putting the agreement and writing, while most states require personal injury lawyers to do so. Aside from the lawyers’ fees, make sure that the costs are also addressed. Lawyers tend to raise costs without much consideration, therefore you have to make sure that this is prevented and addressed properly. Sometimes you can find this information on their website, other times, you can not.

Personal injury lawyers generally work on a contingency basis; this means their fees are paid only after the case has been resolved. Contingency fee agreements are not cheap – lawyers charged from 33 percent to 40 percent of the settlement fee, although you still have the option to negotiate with your lawyer about their fees. This should be talked on and agreed upon by you and your lawyer before you proceed with the case, and be put on the written agreement. Costs, on legalese, refer to the outside expenses paid for by your lawyer in order to prepare for your case. Many of these costs are unavoidable, but others should be put into the written agreement.

Deciding whether to hire a lawyer or not may depend on the amount of compensation you are expecting to receive: if claim is only small, then it would be better for you to handle the case on your own on the small claims court, however, if the perceived settlement is significantly high it may be worth it to hire a lawyer. Lastly, if you and your lawyer have agreed on a contingency fee, make sure that both of you have also agreed on whether the costs are deducted first or the lawyer’s fees are deducted first from the settlement amount. It is always to your advantage to have the costs deducted first rather than the lawyer’s fee, and many lawyers often choose to go with this course as well.

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When will you Need SR 22 Insurance Chicago?

There are many reasons why your license may be suspended or revoked, but not in all cases will an SR 22 be required. The SR 22 is a form originating from an accredited insurance company’s central office certifying that the person named in the form has applied and paid for the minimum insurance coverage required by state law to lift a license suspension or revocation. The SR 22 certificate is sent to the office of the Secretary of State in Illinois for processing. This typically takes about 30 days, after which the applicant may then request for a reinstatement provided all other requirements for such a request have been fulfilled.

The SR 22 in Chicago, sometimes referred to as SR 22 Insurance Chicago, is not a magic wand that will wipe the slate clean so that you can get back your license. There are situations where an SR 22 can be a requirement for doing that but it is not the only one, and it is not always applicable.

Situations in which SR 22 Insurance Chicago may be required include but not limited to:

  • Driving under the influence (DUI) of alcohol or drugs
  • At-fault car accident without adequate insurance
  • Driving without minimum insurance coverage required by law
  • Multiple serious traffic violations on the driving record in excess of state limits
  • Failure to pay child support
  • Child neglect

Habush Habush & Rottier S.C.® notes that when the license suspension or revocation is associated with a criminal act or charge, the issue must first be resolved or the sanctions fulfilled to the court’s satisfaction before any consideration of reinstatement can be entertained. When the cause of the license revocation is due to use of a car in the commission of a felony or a certain number of reckless driving citations within a year, an SR 22 will be of no help because the revocation may not be lifted or modified in such cases.

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