When you are dealing with a legal matter related to bankruptcy with a bankruptcy lawyer it’s important to know the precise definitions of the items you are discussing. The following are bankruptcy terms that an individual filing for bankruptcy may want to be familiar with.

Automatic Stay

When you file for bankruptcy, all of your debts are paused. Your wages cannot be garnished, collectors cannot contact you for payments, and home foreclosures are put on hold. Lawsuits filed against you for debts will also stop.

Chapter 7 Bankruptcy

Chapter 7 is a type of personal bankruptcy that gives people a “fresh start.” Any assets a person has are liquidated in order to pay off debts. There are assets and property you are allowed to keep, such as your vehicle. When the bankruptcy process has been completed, your unsecured debts, such as medical bills and credit cards, are charged off and you owe nothing.

Chapter 13

Chapter 13 bankruptcy is also a type of personal bankruptcy. Like chapter 7, all debts are put on hold, however, instead of eliminating debts, the individual works with the creditors through the court to renegotiate debts and come up with a repayment plan. A monthly payment plan for a three-to-five-year period is developed that will allow the individual to pay all or a portion of the debt they owe. If there is a balance left after the agreed-upon time period, the balance of that debt is eliminated.

Discharge

At the end of chapter 7 bankruptcies, the majority of debts are eliminated. This is legally referred to as discharge.

Exemptions

When filing for bankruptcy, there are some assets that a debtor is allowed to keep and not have to sell off. The bankruptcy trustee overseeing your bankruptcy will determine what assets or property you have that are exempt.

Lien

A lien is what is placed on an item when an individual has purchased the property under some type of finance plan. The lien allows the creditor to repossess the item should the debtor fail to keep to the agreement. The creditor can either hold the item until they are paid or they can sell the item to recoup the amount the debtor owes them.

Secured Debt

Secured debt is that which is usually attached to an item that can be repossessed if the debtor fails to pay. Examples of secured debt are a vehicle with a car payment or a house with a mortgage. Your vehicle can be repossessed if you fail to pay and your house can be foreclosed on if you do not pay your mortgage.

Unsecured Debt

This is debt that does not have a specific item attached to it that can be taken back by the creditor. Examples of unsecured debt are credit card debt and medical expenses debt.

Contact a Bankruptcy Law Firm Today

If you are struggling financially, bankruptcy may be the best option for your situation. To learn more, call an experienced bankruptcy attorney.

 

Truck accidents can happen for a myriad of reasons, which can be related to truck driver negligence, poor weather, road conditions, and more. But in most truck collisions, it is the trucker’s actions that are the primary cause of the incident. Among the reasons why truck accidents occur, trucker fatigue is the most prominent. In fact, trucker fatigue is a factor in about one in every ten truck accidents. But unfortunately, victims who get hurt in truck collisions may not realize that trucker fatigue is a real thing, and could be the reason they were seriously injured. Unfair fault tactics may be placed on victims when trucker fatigue is the actual culprit.

The trucking industry delivers goods all across the nation, and their focus is getting to their destination as fast as possible. There are regulations that oversee how many hours a trucker is permitted to drive within a set period. Truckers can operate their vehicle up to 60 hours within a 7-day period, or 70 hours in an 8-day duration, and still are not violating the Federal Motor Carrier Safety Administration rules. Truckers may be under an immense amount of pressure to get where they need to be timely, so they may falsify log books or skip out on rest breaks to meet the deadlines expected of them. 

Due to the pressure of delivering cargo as soon as possible, it is not surprising that truckers are users of stimulants to keep themselves awake for extended periods of time. Stimulants can increase fatigue instead of relieving it, as they mask tired symptoms for a while, but then wear off, leaving the brain and body to not get the rest they need. When these stimulants are no longer effective, the driver may suddenly be overcome with mental and physical fatigue. The stimulant may be active in the body, but it may not have the effect the driver hopes for, resulting in a blurry alertness and tendency to be inattentive to the road ahead. 

As a truck accident lawyer victims trust from the Law Office of Daniel E. Stuart, P.A. has investigated in past cases, there may be proof of stimulant use from reviewing the truck driver’s logs. Or, there may be signs that the truck driver purposefully lied on the log books as a way to avoid responsibility if a truck accident happened because of fatigue. The trucking company’s insurance may claim that the driver of the passenger car was reckless or negligent, with the intention to unfairly place blame on them for what happened. However, this is often just a tactic to avoid liability so the trucking company doesn’t have to pay out the victim in restitution for the property damage and injury that ensued. 

Even if the passenger driver had contributed to the truck accident in some way, the compensation amount may be reduced by their percentage of fault. Victims of truck accidents must be transparent with the team at their chosen law firm, similar to the Law Office of Daniel E. Stuart, P.A., so that the best strategy can be developed when pursuing fair restitution for all they have been through.

Commercial litigation may seem like it’s only relevant to businesses, but that’s far from the truth. Even if you’re not an entrepreneur, you may find yourself on the wrong end of a lawsuit at some point in your life , in fact, every year, millions of people are involved in some type of commercial litigation. Whether it’s an accident that goes too far, or some type of property dispute, commercial litigation can be an expensive and stressful experience that may be beyond your legal expertise. Our friends at Mahdavi, Bacon, Halfhill & Young, PLLC have put together some things you should know about commercial litigation Manassas, VA.

1) What is Commercial Litigation?

Commercial litigation is a type of civil lawsuit that arises out of disputes between businesses. These disputes can involve contracts, tortious interference, breach of fiduciary duty, and many other issues.  Tortious interference with contract or prospective economic advantage occurs when one party intentionally causes harm to the contractual relationship or potential business opportunity of another party. The elements required for this type of claim are: (1) the existence of a valid contract; (2) knowledge by the interfering party that there was such contract; (3) intentional interference with either the performance or benefit under the contract; and (4) damages caused by such act.

2) What Are The Legal Issues In Commercial Litigation?

The legal issues in commercial litigation are numerous and complex. In a nutshell, they involve breach of contract, fraud, misrepresentation, and other business torts. But that’s just the beginning. To fully understand the legal issues at play in your case, you’ll need to consult with an experienced commercial litigation attorney.

Due to the  numerous issues, the process of commercial litigation can be long and drawn out, or it can be relatively quick and painless. It all depends on the specific facts of your case and the willingness of the parties involved to negotiate a resolution. If you’re headed for trial, be prepared for a lengthy and costly process.

3) How Much Does it Cost to Sue Another Business?

The cost of commercial litigation can be significant. If you are the plaintiff, you will likely need to pay an attorney’s fee, as well as any filing fees associated with your case. If you are the defendant, you may also be responsible for these costs. In addition, commercial litigation can be time-consuming, so you should be prepared to devote a significant amount of time and resources to your case.

4) Who Sues A Business in Virginia?

In Virginia, businesses can be sued by consumers, other businesses, and even the government. The most common type of lawsuit filed against a business is a breach of contract claim, but businesses can also be sued for things like fraud, negligence, and wrongful termination. If you’re a business owner in Virginia, it’s important to know your rights and have a plan in place in case you’re ever sued.

5) Where Do We Sue When It Comes To Commercial Cases?

If you have a commercial litigation case, you will likely sue in state court. The reason for this is that most contract disputes involve state law. However, if your case involves federal law, then you will sue in federal court. For example, if you are suing for breach of a contract that was made with a person in another state, then you would sue in federal court because it is a contract dispute between two states.

If you are experiencing commercial litigation, contact an attorney for help with your case today!

Benefits Of Cosmetic Dentistry 

Once upon a time, cosmetic dentistry was only for the rich and famous. Times have changed, and cosmetic dentistry’s benefits are becoming more well-known and wildly taken advantage of by the everyday consumer. It’s not just about the appearance of perfect teeth anymore. There are many benefits to cosmetic dentistry, and we want to share them with you. 

If you are thinking about cosmetic dentistry and are still unsure, take a look at our list of benefits below. 

• Improved Appearance 

While it is no secret that improving your appearance is a huge benefit, it isn’t all about looks. It is one of the first benefits you’ll notice and appreciate after your cosmetic dentistry procedure. Besides improving your smile, you may also notice that your self-confidence is boosted. It is common to see that the self-esteem of people with discolored, crooked, or missing teeth takes a hit and leaves people feeling less confident. A new smile can drastically change how you feel about yourself and can boost your mental health in the long run. 

• Improved Nutrition 

Probably the most important benefit of cosmetic dentistry is a better, more nutritious overall diet that will be possible. It is something that people don’t always think of either. If you have missing back molars, you are probably not eating things like meat that require you to grind and chew your food more thoroughly. If you can’t eat what your body needs then it is likely that you are suffering from a lack of important nutrients your body needs to function better. 

• Achieve Better Oral Health

Keeping your teeth clean is much easier for you and your dentist when your teeth are straight and not overlapping. Flossing is much simpler when your teeth are straight, and you won’t have to worry about food getting stuck as often. In addition, you’ll find the decay that your hygienist and dentist find will be quite minimal compared to before your cosmetic dentistry procedures. 

• Replace Missing, Broken, or Misshapen Teeth 

If you have put up with a chipped tooth, have a weirdly shaped tooth you don’t like, or are self-conscious about that tooth that had to be pulled, then cosmetic dentistry can be a good step for you. An experienced cosmetic dentist can fix any of the conditions mentioned above, improving your eating and taking care of your teeth. 

• Improve Your Tooth Alignment 

Many people don’t think about how painful having misaligned teeth can be. You may have jaw issues that need to be fixed, and a cosmetic dentist can do just that. The pain can be alleviated through the process, and you could find a reduction in headaches, jaw pain, and more. Not only does it improve the look of your teeth but also your overall health if you are someone who suffers from pain from your teeth not being in the right place. 

 

For those caregiving for someone with a cancer diagnosis, it’s best to be as knowledgeable as possible. A cancer diagnosis can inject heavy doses of uncertainty into a life. Knowing as much as you can will clear some of the clouds of uncertainty, and provide coherency to the situation.

Thus, whether you are a home health aide in South Florida or a family caregiver in Los Angeles, it’s imperative to familiarize yourself with the common cancer terminology according to our friends at Expicare Nursing.

Acute: These are symptoms that can start and worsen quickly, but they will not last over a prolonged period of time.

Benign: This is often used to describe a tumor that is not cancerous.

Biopsy: This is a procedure in which a small sample of tissue is removed for cancerous testing.

Cancer: A disease that is caused by abnormal cell growth that can occur throughout the body.

Carcinoma: A form of cancer that begins in the skin or tissues which are attached to the internal organs.

Chemotherapy: A treatment option used to prevent, impede, or fully reverse the development of cancer.

Immunotherapy: This is a treatment form that activates the immune system. Through stimulating your body’s natural defenses, immunotherapy can aid in fighting diseases like cancer.

Infiltrating Cancer: A form of cancer that has invaded past the original tissue that it started in. It has the potential to spread to other forms of the body.

Leukemia: This is a cancer that occurs when white blood cells begin to replicate without control. It is also known as blood cancer.

Mass: A mass is often in reference to a lump within the body.

Oncologist: A person who treats and provides medical care for patients diagnosed with cancer.

Pathologist: A professional who can interpret laboratory tests. They will be able to evaluate the state of the body’s systems and aid in the diagnosis of the disease.

Pre-malignant: This term is in reference to cells that are currently non-cancerous but have the capacity to become cancerous.

Prognosis: This is a prediction of the future course of the disease.

Staging: Staging refers to the positionality and trajectory of the cancer. It tells you where your cancer is located, if its position is affecting other locations of the body, and whether it has (or will) spread.

Tumor: A tumor occurs when cells begin to grow and change uncontrollably. These cells will form a mass that can be detected by your cancer care team.

If you or a loved one has been diagnosed with cancer and are in need of care, contact a home health aide today for help.

If you think that estate planning is only for wealthy people and rich families, think again. Those who don’t have an estate plan may end up causing more confusion and further pain for family members who will already be grieving their loss. An estate plan provides instructions for how assets, guardianships, trusts, and other preferences are to be carried out after someone’s death. As a lawyer from W. B. Moore Law LLC. would agree with, it doesn’t matter how much your belongings are worth or how much money you have in the bank, we all have a legacy that deserves to be passed on to those we cherish the most. If you are stressed out about the idea of devising an estate plan, just consider these first few easy steps to get you started:

Write down everything you own.

Take a walk around your home. Do you have art hanging on the walls? Furniture in each room? Are there family heirlooms that mean something to you? Are there sentimental items that may not be worth much, but they are special to you anyway? Write down a list of everything you own, both tangible and intangible assets. Examples of intangible assets are things like trademarks, copyrights, patents, brand equity, and intellectual property.

Write down people and charity organizations you care about. 

Who are the people you love most? Do you have family members or friends who you would want to have a piece of your legacy after you have passed away? Writing down the names of your beneficiaries after the list of assets can enable you to more easily connect who you want to receive which of your belongings, property, or money. You can choose to include charity in your estate plan as well, which will be transferred to the organization after your death.

Consider the impacts of not having a will.

If you die without having a will, then your estate may be handled by the court based on state intestacy laws. By law, a deceased person’s estate is handed over to the court to identify beneficiaries and then transfer assets. There is no guarantee that the court will consider what the deceased would have wanted either. Upon realizing this information, many people feel suddenly motivated to finally establish that estate plan they have been putting off. A will is one of the best ways for people to direct who they want to inherit certain assets, so the court doesn’t do it for them. 

 

It isn’t uncommon for people to visit with a lawyer, such as a living trust lawyer residents trust from W.B. Moore Law, to get more guidance on how to devise their estate plan. These documents will be impactful in how your legacy is to be passed down to future generations. There are generic programs available online that allow you to create an estate plan within minutes, but a lawyer will be able to customize it so your specific needs and preferences are met.