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4 Reasons You Really Need A Bankruptcy Attorney

Posted by on Feb 10, 2016 in Uncategorized | Comments Off on 4 Reasons You Really Need A Bankruptcy Attorney

Filing for bankruptcy is something you definitely want to avoid, if you can, by establishing good credit and keeping your debt to income ratio low. However, if your credit is so bad that it is almost unfixable, filing for bankruptcy may be your best and only option to getting out of debt. However, before you file, you should consider consulting with a bankruptcy attorney. Here are four reasons why you really need one: You May Not Need to File: First off, you may not even need to file for bankruptcy. When you meet with a bankruptcy attorney for the first time, they can determine whether or not you truly need to file for bankruptcy. If you have other options, those will be disclosed to you and they may be options that you never even considered but would definitely be more helpful in your situation. However, if your bankruptcy attorney decides that filing is best, they will help you determine which type of bankruptcy to file for. For example, the most common are Chapter 13 bankruptcy and Chapter 7 bankruptcy. It’s important that you don’t file the wrong one.   You May Provide the Wrong Documents: When you file for bankruptcy, you have to provide the right documents that show the reasoning for filing. Your bankruptcy attorney will tell you what exactly these documents are. If you file with the wrong documents or lack of the paper documents, it can slow the process of filing, which just means that you are going to have to wait longer to get out of debt.    You Don’t Understand Property Exemptions: When you file for bankruptcy, you are essentially giving up your right to own your property. The property can be taken from you in order to help pay off your debts. However, there are some exceptions, which fall under property exemptions. You have to know what property qualifies for this and how to file for it. Your bankruptcy can help you do this, which can save you from having to give up a family heirloom or a piece of property that you absolutely need in order to work or help yourself stay out of debt in the future.   You May Not Receive the Proper Certification for Financial Management Courses: When you file for bankruptcy, you have to attend credit counseling, as well as financial management courses. If you take the wrong course, you can fail to provide the proper certification that allows you to continue with the process of bankruptcy. A bankruptcy attorney will know who to refer you to for proper credit counseling and financial management courses.  When you understand the reasons for the hiring a bankruptcy attorney, like one from Knollmeyer Law Office, you can see how it can both help speed up the process, as well as provide essential protection that you need during this financially straining time in your...

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Estate Planning: 5 Mistakes To Avoid When You’re The Personal Representative

Posted by on Jan 22, 2016 in Uncategorized | Comments Off on Estate Planning: 5 Mistakes To Avoid When You’re The Personal Representative

You’ve been chosen to be the personal representative for your parent’s estate. Being a personal representative comes with a lot of responsibility. You must make sure that you comply with the laws and rules governing estate handling. To prevent future problems, here are four mistakes that you should avoid. Failure to Get an Adequate Number of Certified Death Certificates You might think that you’re only going to need one certified death certificate. Unfortunately, that’s incorrect. You’re going to need several certified death certificates. While some places will accept copies of the death certificate, most will require the actual certificate. Here are three places that will require certified death certificates. Life Insurance companies Social Security Administration Probate court Failure to Identify Important Mail Your parents will continue to receive mail after they’ve passed away. Don’t simply toss that mail into the trash can before you’ve sorted through it. Insurance policies, legal notices, and medical bills may be in the mail you’re throwing away. You’ll need those documents to properly dispose of your parent’s estate. Failure to File Your Parent’s Taxes Even after a person passes away, the final year’s income taxes must be filed. It also important to determine if the previous year’s taxes were filed properly. The IRS has special forms that must be used when filing taxes for someone who has passed away. Filing your parent’s taxes will identify whether they had a tax bill left owing, or a refund of taxes paid that will come to the estate. Failure to Contact Social Security Administration If your parents received monthly social security checks, you’ll need to notify the social security administration in a timely manner. Failure to notify them may leave the estate responsible for repaying any overpayment your parents may receive. It’s also important for you to contact the Social Security Administration because there is usually a small death benefit that’s paid to the estate after someone passes away. Before you cash any checks that you receive from the Social Security Administration, you should call and make sure that your parents didn’t owe any money to the federal government. If they did, you’ll be required to return the check. Failure to Identify Safety Deposit Boxes If your parents had bank accounts, it’s possible that they also had at least one safety deposit box. Most banks provide safety deposit boxes to their customers. Be sure to make a list of each bank account your parents had. Make an inquiry at each bank to determine if your parents had safety deposit boxes. Those safety deposit boxes could contain information that you’ll need when representing their estate. Being the personal representative over an estate is a big responsibility. Use the information provided above to help avoid making costly mistakes.  For an estate planning attorney, contact a lawyer such as Jolein A. Harro,...

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What Should You Do If You Get In An Accident With An Uninsured Driver?

Posted by on Jan 6, 2016 in Uncategorized | Comments Off on What Should You Do If You Get In An Accident With An Uninsured Driver?

Getting into a car accident can be a nightmare as it is, and things can seem a whole lot worse if you find out that the other driver does not have car insurance. You could be wondering who is going to cover your vehicle damage, medical bills and more, but you should know that you do have options. These are some of the steps that you should take if you get into an accident with an uninsured driver. Contact Your Insurance Company First of all, you will need to contact your insurance agent. You probably have coverage against uninsured motorists, which is designed for situations like this. Basically, your insurance company will help you out by covering your car repairs, paying your medical bills and otherwise taking care of you after your accident, much like the other driver’s insurance company would have done. Then, the insurance company takes its own steps to recover its money, which you won’t be responsible for. You can also use this coverage if you get into an accident with a driver who does have insurance but is underinsured, or does not have enough insurance coverage to pay for the costs of the accident. This can happen if you end up with really high medical bills or if you have a valuable vehicle that might not be fully covered under the other driver’s insurance policy.  Hire a Car Accident Attorney Another step that you should consider taking is hiring a car accident attorney. This is always a good idea if you are hurt in a car accident, but it’s especially important if you are involved in an accident with a driver who does not have insurance. Your car accident attorney (click here for more information) can advise you on the steps to take and can assist you in filing a lawsuit against the other driver, which can help you recover some of the funds that you are owed. Your lawyer can also give you advice about handling things with your own insurance company and anything else related to your accident, so he or she can be a powerful and helpful ally during this tough and trying time.   Getting into a car accident is never an ideal situation, but things can be made a whole lot worse if you are involved in an accident with a driver who does not have car insurance. Luckily, taking the right steps after your accident can help make things...

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Are You Making These 5 Mistakes In Your Car Accident Case?

Posted by on Dec 17, 2015 in Uncategorized | Comments Off on Are You Making These 5 Mistakes In Your Car Accident Case?

If you have recently been in a car accident, it is possible that you have lawyered up and are heading to court. Unfortunately, it is incredibly common for people to lose their cases simply because of one of these mistakes. If you want to ensure that you get what you deserve in court, it is essential that you pay attention to avoid these common mistakes. 1. You have lied. It’s pretty easy not to lie, but so many people do it anyway. If you do provide false information to your insurance company, your entire personal injury claim can be voided depending on where you live. It is not uncommon for auto insurance companies to investigate one of the parties involved in a claim. They may use videos, audio, and even social media to demonstrate that may have lied or overstated your injuries. If you have participated in physical activity in spite of an injury, make sure you don’t try to cover it up or lie. You don’t want to be caught with evidence to prove it. 2. You talk about your case openly. You may be contacted by a juror, attorney for the other side, or an insurance adjuster. Make sure you do not talk about your case with anybody that the other driver has hired, including the insurance company. You can instead direct these individuals to contact your car accident attorney. Additionally, you do not want to give anybody ammo to investigate via Facebook, Twitter, or any other social media. Keep your accident information off of your blog or website too. 3. You have signed away your rights. Never sign anything that is sent to you by the car accident attorney for the other side. Even a tort release can waive your right to sue for an injury claim, even if the other driver was at fault for the accident. Never sign anything without consulting your lawyer. 4. You didn’t report your case until it was too late. Benefits like lost wages, medical bills, and attendant care must generally be applied for within the year following the accident. Any later than that and you will not qualify. 5. You have missed medical appointments. If you aren’t listening to your doctors and making regular appointments, it could be construed as a sign that you are not as hurt as you claim to be. You need to take your lawsuit seriously. Show that you are dedicated to getting better. Additionally, make sure that you don’t throw away evidence from the doctor that you could have used in court. This means that you shouldn’t toss out pill bottles, receipts, prescriptions, or anything else related to your doctor’s visits. If you are involved in a car accident case and or may be in the future, it is important that you begin paying attention as early as possible to the actions you take. Consult with a law firm like Wolter, Beeman & Lynch to learn...

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Top Three Best Ways To Lose A Workers Compensation Case

Posted by on Dec 2, 2015 in Uncategorized | Comments Off on Top Three Best Ways To Lose A Workers Compensation Case

Filing a workers compensation claim is lengthy and very difficult. There are several things that can either delay your case, or cause your case to be denied. Sadly, many employees are unaware of the steps that must be taken in order for your case to go smoothly. Below is a list of the most crucial mistakes that you can make while going through a workers compensation case that will ultimately result in the denial of your claim. Lying Not only is lying about the circumstances of your injury morally wrong, it also takes away your chances of winning your case. Your workers compensation lawyer must have a clear and concise understanding of the events that led up to your injury and the days after. Lying, or withholding information from your lawyer will only weaken your case. It is crucial to your case that you answer every question you are asked with as honesty as possible. Questions relating to your history of injuries and illnesses play a vital role in supporting your claim. Without this information, your lawyer will not be able to represent you to the best of their ability. Canceling Doctor Appointments When you retain a workers compensation lawyer, they will select a doctor for you. It is essential that you show up to these appointments. In every workers compensation cases, medical evidence is needed to prove that a substantial injury was sustained while working. If you neglect to go to these appointments there will not be sufficient evidence to prove that any injury ever occurred. Canceling or skipping out on doctors appointments will also cause your credibility to dwindle, which will not look go for you in court should the case be taken before a judge. Skipping Court Hearings Court proceedings can be very monotonous and boring, however, not showing up for scheduled court dates will only make you look bad. Not only is it wasting time and money, it will also take away from the credibility of your case. The judge who is overseeing your case may very well order your benefits to be stopped. In worst case scenarios, the judge could also throw your case out altogether. There are several situations that make it difficult to show up to these hearings and depositions, so let your lawyer know well in advance if you are not able to show up. Your lawyer can also request to reschedule the proceedings. Workers compensation cases are long and difficult. Avoid adding stress to this already delicate situation by ensuring that you are following the steps that are necessary to win your case. By avoiding the three things listed above, you are giving yourself a better chance and an easier case. To learn more, speak with someone like Paul F...

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Which Trust Can You Use To Protect A Financially Irresponsible Beneficiary?

Posted by on Nov 13, 2015 in Uncategorized | Comments Off on Which Trust Can You Use To Protect A Financially Irresponsible Beneficiary?

If you concerned that a beneficiary will squander his or her inheritance, you can take action while estate planning to prevent this. There are two types of trust that are specifically designed to ensure that your beneficiary does not misuse his or her inheritance. To help ensure you select the trust that meets your needs, it is important to know the key aspects of each. Sprinkling Trust A sprinkling trust gives the trustee the power to determine how and when funds are distributed to the beneficiary. In most instances, the trustee issues funds based on the needs of the beneficiary. For instance, if the beneficiary needs $1,000 to pay for a medical procedure, the trustee could issue that amount to him or her.    A sprinkling trust is not just good for beneficiaries that are financially irresponsible. It can also be useful in ensuring that the needs of your beneficiaries are met. For instance, the trustee could be instructed to distribute funds based on varying needs, such as paying for college tuition or buying a home. The trust can have multiple beneficiaries. Instead of designating a certain sum of money to be distributed to each beneficiary, you could set up a trust with a pooled amount. Each beneficiary would then receive funds, as needed, from the pooled funds. It is important to note that when this is done, it is very likely that some beneficiaries might receive more in distributions than the others. Spendthrift Trust A spendthrift trust is different than the sprinkling trust because payments from it are made based on the stipulations outlined by you during the setup of the trust. Since you are concerned that your beneficiary will squander his or her inheritance, you can give the power to the trustee not to distribute funds if he or she feels that it will be wasted. Otherwise, the funds are distributed as you choose. A spendthrift trust is ideal if you also want to protect your beneficiary from creditors. Any funds that are in the trust cannot be touched by his or her creditors because they legally belong to the trust. You can authorize the trustee to purchase goods and services with the funds from the trust for even more protection from the creditors. Consult with an estate planning attorney, such as Edward G. Foster, to determine whether a sprinkling or spendthrift trust would be best for your estate. Your attorney can help you evaluate the trusts and your state’s laws to ensure that the decisions you make are legally...

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Do You Need a Personal Injury Attorney? 3 Troublesome Situations to Be Aware Of

Posted by on Oct 27, 2015 in Uncategorized | Comments Off on Do You Need a Personal Injury Attorney? 3 Troublesome Situations to Be Aware Of

If you are suffering from an injury caused by another party’s negligence, you are likely hoping that the at-fault party’s insurance company will do the right thing and offer you a fair settlement. In some cases, you simply cannot rely on the other side’s insurance company to compensate you. If you are the victim of a more difficult-to-prove or complicated injury, you will likely require the services of a personal injury attorney to help you get fairly compensated. Read on to learn more about these types of injuries and why it’s important to take legal action as soon as possible. Catastrophic These life-altering injuries can result in conditions that will continue to affect you long after most injuries heal. Catastrophic injuries, such as amputations and back, spine, and head injuries, can require ongoing and astronomic medical expenses and result in a permanent disability. You may never be able to work again, and your family will often suffer right along side of you. Insurance companies are often ill-equipped to deal with injuries of this magnitude, and thus are not likely to offer you fair compensation for what may be a lifetime disability. Toxic Exposure These types of injuries are sometimes the result of a long-term exposure issue that did not become apparent until years after the initial exposure. Toxic exposure claims are often highly technical and complicated, requiring the expertise of a legal professional. This type of claim could involve a lawsuit against not only your employer but also the toxic substance manufacturer, which could mean going up against large companies with a team of highly-qualified lawyers. Medical Malpractice Like toxic substance lawsuits, medical malpractice suits can pit you against a team of seasoned lawyers who work for the medical malpractice insurance company. Additionally, the key piece of evidence needed to prove your case could be held by the very institution that you are suing, which can sometimes create a challenging situation. Medical malpractice in some states requires a specialized type of personal injury attorney. All three of these specific personal injury circumstances have in common the potential for extended medical care—sometimes a lifetime of care—as well as the need for pain and suffering compensation, both of which can be tricky to properly calculate. The greater the severity of your injury, the more difficult the compensation for pain and suffering is to calculate. It’s not easy to put a price on your future earning potential, pain and suffering, and future medical expenses, but a qualified personal injury attorney will help ensure that you are fairly compensated for these special types of injuries. Contact a representative from a firm like Hoffman, Hamer & Associates, PLLC for...

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Making Best Use Of VA Claim Delay And Appeal Time

Posted by on Oct 12, 2015 in Uncategorized | Comments Off on Making Best Use Of VA Claim Delay And Appeal Time

Waiting for a response from the Veterans Affairs (VA) claim system can be a time-consuming and worrying ordeal. For many veterans, there isn’t a lot of useful information that comes back from the VA, which means many attempts at progress are halted. It’s hard to get safe and accurate information that the VA needs if you don’t know what they’re looking for, but an overview of VA expectations can give you a better idea of the kinds of statements and evidence you’ll need. The VA Only Has What Your Give One of the most common reasons for VA claim denial is a lack of relevant information. This isn’t necessarily because the VA claim requirements are hard to understand at a basic level, but because a lot of assumptions combined with missing information can lead to weaker claims. In some cases, difficult claims may be avoided. The VA does not scan and analyze your entire medical record. In fact, unless you submit specific parts of your medical record, the VA will not be reading much of your medical history from the military. Although it’s true that transferring through different military bases and medical centers usually results in a careful review of relevant information, you need to remember that the VA is not part of the military. There are both security and administrative reasons for the VA not having immediate access to your records, but the main thing to take away is that you’ll need to do the work of sifting through your medical record. Sound a bit daunting? It can be, especially if you have a long history of injury and a big medical record. That said, service-members with lots of medical information aren’t preparing their claims alone–or if they are, success isn’t very likely. It takes a representative to be effective when there’s a lot of information to look through. During your wait time, consider contacting a personal injury lawyer to review what you’ve sent and to supplement the claim by sending more, professionally-prepared information. Enhancing A Claim’s Service-Connected Strength You need to prove that your claim is somehow related to military service. Since the VA only provides compensation for injuries and other conditions related to military service, your claim or appeal needs to pass a service-connection test. Service-connection details how your claim or appeal is related to the military. To dispel more assumptions, service connection is not combat connection–combat connection is a different issue that can have an impact on other claim details, but isn’t relevant at this point. It doesn’t matter if you were in or out of combat, or not related to combat at all; being in the military is all that matters. To prove your service-connection, you’ll need historical information showing that your condition was indeed part of your military service. A medical record entry is a good start, but not all veterans report the injuries to medical. Some injuries may not become noticeable until after you’ve had time to shift from a high-paced military career to the slower, less active pace of the military. If you don’t have documentation from military service, a personal injury attorney may be necessary. The attorney can not only research deeper parts of your military past and interview previous medical staff (or others from your past), but connect you with civilian medical...

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3 Things To Consider Before Hiring An Employement Attorney For Your Wrongful Termination Case

Posted by on Sep 28, 2015 in Uncategorized | Comments Off on 3 Things To Consider Before Hiring An Employement Attorney For Your Wrongful Termination Case

Securing employment can be a tough task for many individuals. It usually takes a series of interviews and phone calls to get a new position, which is why securing and keeping a job is of the utmost importance. However, wrongful termination does happen and it can be frustrating and stressful to deal with. The first step often involves finding an employment lawyer that will take your case. Your employment lawyer needs as much evidence as possible to prove wrongful termination in order to win your case. As a result, there are a few things to consider before hiring an employment attorney. Mutual Termination Agreement Some jobs come with an agreement that there is an expected end date. This end date can be anywhere from a few weeks from the day you start until decades later. A few forms of employment agreements include: Mandatory resignations are common for pilots in the aviation industry. These types of resignations are more for safety reasons. Forced resignations are sometimes used in place of outright firing the person. These resignations are common for people in positions of power. Employment contracts are common for internships and freelance contracts. If the termination falls under a mutual agreement, then you do not really have a wrongful termination case to present to an employment attorney. Proof of Discrimination One of the many reasons that cases of wrongful termination are brought against an employer is because the employee feels as though they were discriminated against. In this case, you will need to provide proof of discrimination in the workplace. For an example, you can provide evidence through the use of emails or a detailed log. It is generally difficult to provide concrete evidence of discrimination as very few people openly admit to discrimination. However, if you are able to provide an employment attorney with any type of proof you will have the upper hand. You may have a case of discrimination and wrongful termination if you fall into four categories: You are a member of a protected class You were qualified for the position  Your employer fired you Your position was replaced by someone not in a protected class Written or Implied Promises If you have a written or implied promise from your lawyer that promises permanent employment, then you may have a case. This can be difficult to prove because employers usually shy away from making these statements verbally and in writing. However, look through your original employment contract for statements that imply future job security. While most employment is at-will, there are a number of laws and rules are there to protect you from wrongful termination. Therefore, use this guide to make sure you have a case before hiring an employment...

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Foreclosure and Bankruptcy: Get the Facts

Posted by on Sep 4, 2015 in Uncategorized | Comments Off on Foreclosure and Bankruptcy: Get the Facts

No one likes the possibility of having to file bankruptcy, but in some cases it might be a good option. For instance, if you are facing foreclosure due to financial difficulties, filing for bankruptcy might help you resolve the situation, depending on the specific circumstances. Automatic Stay  Filing for bankruptcy triggers a legal mechanism known as the automatic stay. This legal protection prevents creditors from making any attempts to collects on debts or enforce a lien during the bankruptcy process. There are some exceptions to this rule, but in many cases, an automatic stay will give you at least several months to try to improve your financial situation and deal with the foreclosure.  Lift Stay  The creditor who is behind the foreclosure on your home has the right to ask the court to lift the stay. If this happens, the legal protection you have against the foreclosure continuing during the bankruptcy process will disappear. As a general rule, however, lifting a stay is not especially common, as judges tend to support keeping the automatic stay in place in most circumstances and the burden of proof is on the creditor. Chapter 13  You have various options when you file for bankruptcy. For most individuals, the two main options are filing under Chapter 7 or Chapter 13 of the federal bankruptcy code. If you file under Chapter 7, you will probably not be able to save your home, but the situation is different if you file under Chapter 13. This section of the bankruptcy code allows you set up a payment plan to pay off your debts and liens. A mortgage is a lien, so you might be able to pay any back mortgage payments you owe over a lengthy time period, such as five years. You must remain current on your monthly payments, however, during the repayment period.   Eligibility  Although filing for Chapter 13 is often a good way to save a home from foreclosure, you must meet certain eligibility requirements. For example, you must have steady income so that you can fund your repayment plan. Also, you must not have excessive levels of either secured or unsecured debt.  Filing for bankruptcy can help you keep your home from being taken in a foreclosure, especially if you qualify for Chapter 13. The rules and regulations surrounding bankruptcy are quite complex, however, and it’s almost impossible for a lay person to negotiate this legal process themselves. For more information about bankruptcy and foreclosure, contact a qualified bankruptcy attorney like Wade Bettis, J.D., Ph.D.,...

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