What Happens at the Chapter 7 Court Date?
Shortly after your Chapter 7 bankruptcy case is filed, the
Clerk of the U.S. Bankruptcy Court will send notice of your
filing to all parties and creditors listed on your
bankruptcy petition. The clerk will also assign a Chapter
7 bankruptcy trustee and set a date for your Section 341
meeting of creditors. There are several reasons for the
Section 341 meeting of creditors. 1. The meeting is
required in the bankruptcy code. You must be examined
under oath with regard to the information contained in your
schedules to be eligible to receive a discharge. 2. It
gives creditors an opportunity to ask questions of you with
regard to the information listed in your petition and
schedules; 3. It allows the trustee to take sworn testimony
from you with regard to the information contained in the
petition and schedules. A trustee will ask you additional
questions with regard to your assets, liabilities, income,
expenses and statement of financial affairs.
How long will the meeting take?
The meeting can take five minutes or the meeting can take
thirty minutes or longer. The meeting can also be
continued over to another date if the trustee requires
additional information for you to provide.
You should be prepared prior to the meeting with the types
of questions that are going to be asked by the trustee. In
some jurisdictions, the trustees are required to ask
identical questions of each debtor. In other
jurisdictions, the trustees are given greater latitude to
ask questions of their choosing. In either case, the
questions are typically straightforward. They are not
designed to trick you into saying something that is not
true. They are more or less fact-finding questions so the
trustee can determine whether or not there are any assets
that can be administered in your case. The overwhelming
majority of Chapter 7 bankruptcy cases do not involve the
administration of an asset. An exception to this occurs
when you either understate the value of your property or
you fail to disclose an item that has value beyond what the
exemptions can protect.
Who appears at the meeting of creditors?
In most cases, the only three people who will be present at
your meeting of creditors are you, your attorney and the
Chapter 7 bankruptcy trustee. The most common creditors
such as credit card issuers, medical providers and
unsecured loan companies rarely if ever appear at the
meeting of creditors. Every once and a while an uncommon
creditor will appear such as a former friend or enemy that
is owed money. Most of the time, these people do not
realize that there is nothing to gain by attending. They
read the notice that they received about your bankruptcy
case and assume that they need to be present. In reality,
they are usually wasting their time since in the majority
of cases; there are no assets available for creditors.
In some cases, especially if the amount of debt is
excessive, a representative from the U.S. Trustee's office
may sit in on the case and monitor the answers given by
you. The U.S. Trustee's office has a separate and distinct
function, which I will detail later in this writing. For
now, lets suffice to say that the U.S. Trustee's office
oversees the complete process of the bankruptcy case and
the process of receiving a discharge in that bankruptcy
case.
A secured creditor, such as an auto finance company, may
appear through one of its representatives. That person may
be tendering a reaffirmation agreement for you to sign. If
that is the case, your attorney will check the agreement
and ask you if it is something that you are interested in
signing. In smaller jurisdictions, most agreements are
mailed to your attorney prior to the meeting of creditors.
----------------------------------------------------
David M. Siegel is the author of Chapter 7 Success: The
Complete Guide to Surviving Personal Bankruptcy. He is a
member of the American Bankruptcy Institute and currently
practices bankruptcy law in Chicago and its surrounding
suburbs. Additional information is available at
http://www.bankruptcy-lawyers-sanantonio.com .
Construction Site Accidents: Who's at Risk?
While almost any type of workplace can offer unexpected
accident risk, it is the responsibility of the employer to
take action to keep that risk as low as possible.
Construction sites may seem to be more hazardous than an
office building or store, but accidents and dangers can be
prevented by implementing rigid and enforceable safety
practices at construction sites. For example, the general
contractor and all subcontractors are required to provide a
reasonably safe site, to warn of hazards inherent in the
site and work, to hire careful employees, to coordinate job
safety, and to supervise compliance with safety
specifications. In addition, construction site workers
should be properly trained in the operation of machinery
and equipment. The construction site should also be
properly managed according to legal standards to prevent
construction site accidents.
Even with precautions and adherence to safety practices,
construction site injuries can still occur due to the
inadequacy of these provisions. Construction site cases can
involve accidents from defective or collapsing scaffolds;
falls off of or through roofing structures; electrocutions;
falls off of ladders; defective machinery such as cranes,
hoists, conveyors, tractors, and forklifts; malfunctioning
tools and other construction equipment; and the collapse of
walls or floors. These types of construction site accidents
can often result in serious injuries or death. In fact,
thousands of construction workers are injured or killed in
construction site accidents each year.
Construction Site Accidents and Workers' Compensation
Virtually all significant injuries suffered in construction
site accidents give rise to workers' compensation rights.
The Workers' Compensation Act provides benefits to workers
who are injured on the job. Unfortunately, Workers'
Compensation alone may be insufficient compensation
especially in the case of very serious and catastrophic
personal injuries which happen often in construction site
accidents. These rights depend upon the application of
various complex laws and the individual circumstances of
the accident.
However, these limited workers' compensation rights may be
supplemented by legal actions against others who have
responsibility for various activities on a construction
site including construction managers, general contractors,
subcontractors, equipment manufacturers, etc. When a
construction site accident occurs, the owners, architects,
insurance companies and manufacturers of equipment can be
held responsible for inadequate safety provisions.
For example, in most construction projects, many different
contractors are involved. If any contractor other than the
direct employer has responsibility for the injuries, full
damages can be recovered. Likewise, if a defective tool,
machine, or other product causes injury, an injured worker
can be fully compensated.
----------------------------------------------------
LegalView.com is an online resource with information on a
variety of legal matters. At http://www.legalview.com/ ,
visitors can access a large number of resources, including
an attorney referral service. The referral service can put
individuals in touch with experienced legal counsel, such
as a brain injury lawyer or a mesothelioma attorney. For
more information on construction accident litigation visit
http://construction.legalview.com/ .
Divorce Mediation: How It Works & Why It May Save You Time And Money
When most people file divorce papers, they assume that they
will have to appear in divorce court and undergo a lengthy
litigation dispute over the division of assets, child
custody and alimony. In many cases, especially those where
both parties wish to resolve the legalities in a quick and
amicable manner, divorce mediation may be the answer. As
the name implies, divorce mediation involves a neutral
third-party who oversees the agreement between the husband
and wife relating to the terms of their divorce.
Couples who decide to undergo divorce mediation as opposed
to having their case tried in divorce court will save both
time and money as the litigation process can be both
lengthy and complex. A divorce mediation is a much more
casual and friendly setting and, in some cases, both
parties may even walk away on better terms than if the case
were to proceed to trial. Depending on the nature and
complexity of the case, divorce mediation can often be
completed in less than one month. In order for this to
occur, both parties must be cooperative throughout the
discovery process and must be able to schedule regular
mediation appointments.
With that being said, it's important to note that although
informal, a divorce mediation is very much a legal process
and should be taken seriously. The mediator will serve as
a neutral party, which means that both you and your spouse
may wish to seek the independent representation of a
divorce attorney who specializes in these types of cases.
Whether you prefer advice on divorce or actually desire the
presence of a licensed divorce attorney during the actual
mediation process, it is important that you understand your
legal rights and are equipped with the knowledge of local
divorce laws in your area when entering into mediation. A
professional divorce lawyer can provide you with advice and
recommendations during every step of the way, starting with
the filing of divorce papers and concluding with the
dissolution of your marriage.
As mentioned earlier in this article, divorce mediation may
be a less expensive process than a divorce court
proceeding. If a case proceeds to trial, your divorce
attorney will spend hours of time in preparation, discovery
and will be required to take depositions. Time is money
and, in this case, the old saying has never been more true.
The more hours your divorce lawyer spends on your case,
the more you will likely pay in attorney fees. A divorce
mediation, on the other hand, will result in less hours of
research and work for your divorce attorney, which means a
lower cost for you. A divorce is an expensive process, but
there are ways to keep the fees at a minimum. During
divorce mediation, both parties can resolve all issues both
legally and effectively and without having to deal with the
lengthy and expensive litigation process.
At the conclusion of a divorce mediation, the divorce
attorneys for both parties will review any/all documents
that require signatures and will advise their client to
sign documents relating to the agreements reached during
mediation. Once all paperwork has been signed, including
that which relates to child custody, alimony and the
division of assets, a court date will be scheduled for the
final divorce hearing.
The information contained in this article is designed to be
used for reference purposes only. It should not be used
as, in place of or in conjunction with professional legal
advice regarding divorce, child custody, alimony and/or
divorce laws. If you are in need of divorce advice or are
considering a marriage separation, consult with a
professional divorce lawyer in your area for further
information and/or divorce advice.
----------------------------------------------------
Andrew Daigle is an author and creator of many
informational websites including
http://www.divorce-attorney-search.com ,
http://mesothelioma-attorney-search.com and many more.
Cohabitation Agreements - Who Needs One?
In today's society, for many people, establishment of a
cohabitation agreement is of prime importance. Not having
such an agreement in place between life partners can have a
significant and lasting negative impact on both members of
the relationship. The financial health of the relationship
as well as other matters hangs on considering the questions
brought up by such an agreement.
That having been said, just what is a cohabitation
agreement?
Simply stated, it is, as its name implies, a written
contract that life partners may choose to enter into prior
to living together in a permanent relationship. A
cohabitation agreement can be used to address a range of
financial and property issues which may occur during the
relationship, and, should the relationship end, can provide
not only protection for both parties but contribute to an
amicable dissolution of the relationship. Taking care of
such issues before the need to address them occurs is one
way of relieving stress on the relationship and allowing
the parties to get on with the business of being of value
to each other.
Recent news stories have tended to focus on same sex
relationships and the financial and legal difficulties
faced by same sex partners in most cases. As a result of
this media exposure, many people would have no problem
understanding why gay couples, or even non-gay but same sex
life partners, would have an interest in cohabitation
agreements.
However, the public at large, including perhaps some people
in these relationships, may not realize that another large
segment of the population also may need access to these
types of legal forms and documents.
The first phrase to look at is simply 'unmaried life
partners'.
These 'life partners' could be a child living with and
tending to the needs of an aging parent for example. In
another instance, it could simply be two people of the same
or different sexes, each of whom have permanently taken
upon themselves a partnership with the other for whatever
reason.
The key issue for determining the possible need for a
cohabitation agreement is that they are individuals who are
living together in what is considered and intended to be a
long term situation.
While this article is certainly not intended to provide
legal advice, it might be in the interests of anyone who
finds themselves in this sort of situation to either
contact a lawyer for advice on their options or look into
some sort of cohabitation agreement software or do it
yourself legal forms.
A valuable point to consider should you decide to follow
the do it yourself route is what additional documents you
and your life partner may need beyond the cohabitation
agreement itself. While the cohabitation agreement does
address many important matters concerning finances and
property during the relationship and upon its possible
dissolution, there are other issues not specifically
covered by a cohabitation agreement alone.
For example, there will be questions of finances, health
care, property rights, and after-death issues which will
fall outside the scope of the cohabitation agreement. Just
as a married couple would normally address these by
preparing such legal forms as quitclaim deeds, power of
attorney, last will and testament, and/or a living will or
living trust, life partners will also be well advised to
consider these issues as well as the items covered in a
standard cohabitation agreement. Not always having the
same protections under law as a typical married couple
might have, it is important for life partners to be more
diligent in preparing for all eventualities in advance of
need.
Fortunately for many who need this sort of service, there
are many comprehensive cohabitation agreement software
packages and legal forms bundles which are available
online. It would be in the interest of anyone in a
long-term relationship with someone who could be considered
a life partner to look into this type of material.
----------------------------------------------------
Donovan Baldwin is a freelance writer living in Central
Texas. He is a University of West Florida alumnus with a BA
in Accounting, and is a member of Mensa. He has a webpage
where you can learn more about cohabitation agreements at
http://legal-forms-supermarket.com/about/life_partner_cohabitation.html .
How To Determine The Value Of A Personal Injury Case
There is no magic formula or process by which someone can
predict with certainty the amount of money that a personal
injury case may be worth. If there were, then society
wouldn't have a need for personal injury lawyers. One could
simply apply the "formula" to come up with the value of a
case. And if this happened there would be no need for a
trial. Yet we know that trials are necessary when the two
sides cannot agree on the value of a case.
Generally speaking, a case is worth the amount of damages
inflicted on the person who has been injured. These damages
may be easy to calculate, like past and future medical
charges, lost earnings, lost earning capacity, and property
loss. But the law also states that the injured person has
the right to recover compensation for other "intangible"
harms. It is these "intangible" harms that are more
difficult to calculate, and they usually include pain,
agony, disability, loss of enjoyment, inconvenience, and
mental anguish. The intangible harms are purely subjective,
difficult to determine and often vary among the people (or
jurors) who are deciding the case. Ultimately, the value of
a case is determined by the jury (or judge if the case is
tried to the court). After a case arises, the injured
person's attorney and the at-fault person's insurance
company (and the defense attorney if the case is in
litigation) are continually trying to evaluate how a jury
might see the case and how much money a jury might award.
Then each side will assign a value or a value range, and
try to negotiate a settlement close or above each side's
own range.
Often times it may take many months or years before the
value of a case can be adequately assessed. One reason for
this is because of the slow progress of the person's
recovery or rehabilitation. Another reason is due to the
complexity of the injury or condition which may cause a
significant delay in a firm diagnosis by the treating
physician. In many instances a case should not be settled
or resolved until the person obtains maximum improvement
following the accident, and this can also contribute to the
delay of achieving a reasonable resolution of the case.
In many instances the value of a case is driven primarily
by the extent and severity of the person's injuries. Other
important factors to consider include the type, extent and
frequency of past medical treatment and the need for future
treatment. When I evaluate a case, I also rely on several
other factors to help me determine the case value. These
factors may include, but are not limited to, the client's
likeability3 as a witness and his or her credibility, the
facts of the accident giving rise to the case, the extent
and permanency of the injuries, the client's age, whether
the client missed time from work, the identities of the
at-fault insurance company and its defense attorney,
specific legal or evidentiary issues involved in the case,
the county or venue where the case has been or will be
filed, and the amount of settlements and verdicts for
similar types of cases that I and other lawyers have
handled in the past.
You should note that no two cases are alike, even if the
accident and/or injuries involved are nearly identical.
This means that the evaluation of two cases which appear to
be similar on the surface may actually produce widely
different evaluations due to the other factors listed
above. Evaluating personal injury cases takes a lot of
knowledge, experience and some hard-earned intuition.
Without these traits you may be at a serious disadvantage
when negotiating with the insurance adjustor. And unless
you are in the business of evaluating and settling personal
injury cases for a living, you should look to an
experienced personal injury attorney for guidance.
----------------------------------------------------
Mr. Davis is the founder and CEO of the Davis Law Group.
He brings over 15 years of practical yet innovative
experience to personal injury cases. He practices law in
Seattle, WA. http://www.InjuryTrialLawyer.com . Mr. Davis
is the author of "The Ten Biggest Mistakes That Can Wreck
Your Washington Accident Case" comlimentary copies are
availalbe at http://www.washingtonaccidentbook.com
