Bankruptcy: The Different Chapters of the US Bankruptcy Code Can Cost You

Bankruptcy is a court process wherein the court steps in to help individuals, married couples, and companies in settling the debts of the person applying for bankruptcy. The judge and a trustee assigned by the court will decide whether the person filing for bankruptcy has fulfilled the requirements and approve the petition. People and business entities usually file for bankruptcy because their income is not enough to pay for their debt. Filing for bankruptcy allows them to get a fresh start in their life and/or reorganize their assets and debts to be on a better financial situation.

However, it is worth remembering that you should consult with a lawyer on which chapter of bankruptcy is more suited for your needs and wants. Since you probably do not have the financial capacity to pay for a lawyer, you can get a free consultation from the American Bar Association, just check with their website. The cost of a bankruptcy can quickly become unmanageable if you aren’t careful. If you are interested in filing for a bankruptcy, here are the basics of what you need to know on the different chapters of the US bankruptcy code.

  1. Chapter 7 – When someone files for bankruptcy, the first thing that goes through a person’s mind is that the debtor will have all his things sold to pay the creditors. This is technically what happens in a chapter 7 bankruptcies. There is no need to make any payment plans. The court trustee will evaluate your assets and sold off everything that is considered “nonexempt” to pay off your debts. If you don’t have any valuable properties, then your debts will be settled by the court. No more debts.
  2. Chapter 9 – This type of bankruptcy is rare and often complicated as it involves cities, townships, counties and even school districts to file for bankruptcy.
  3. Chapter 11 – This bankruptcy chapter is often what companies which has accumulated a lot of debt but doesn’t want to lose the company file for. The aim of this process is to reorganize the company and slowly repay the debts accumulated. Individuals can also file for this type of bankruptcy if you cannot qualify for the chapter 13 bankruptcies. However, this type of bankruptcy lasts long, it is very expensive and must need a lawyer.
  4. Chapter 12 – Chapter 12 bankruptcy process is similar to chapter 13 bankruptcies. However, it is mostly used by farm and/or fisheries operators since part of the requirement to qualify is that the at least 80% of the debt must be accumulated from running a farm or a fisheries.
  5. Chapter 13 – In chapter 13 bankruptcies, also known as a wage earner’s bankruptcy, the debtor settles his debts by proposing a repayment plan to the court. However, chapter 13 bankruptcy is not for everyone. It only accommodates people with a stable earning and the debts you have accumulated must also be within the limits set by the court.

Going through the process of filing for bankruptcy is not something that you just decide on one day when you wake up in the morning. It takes careful planning and getting the requirements and documents necessary when filing for bankruptcy.


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Pros and Cons Workers Compensation

Workers compensation is a form of insurance for employees provided for them by their employers as mandated by the law. This is in case employees get injured and/or develop an illness from their job. Worker’s compensation is a good thing for employees in many ways but it can be argued that it is not exactly the best deal. Here are some of the pros and cons of workers compensation:


  • It covers a lot of things; it’s like an all-in-one insurance. For example, worker’s compensation covers your medical bills like a health insurance would. Lost wages due to the injury or illness are also covered like in disability insurance, and in the event that the employee dies because of the injury, the remaining family or beneficiaries are given the benefits as in life insurance.
  • The employee does not have to contribute for the payment of the workers compensation insurance. It the sole responsibility of the employer to provide this to his employees.
  • To claim a worker’s compensation, one does not have to prove the fault of one party. As long as the injury occurred during working hours or in the course of the employee performing the job, the employee may file for a claim. An employer may deny the compensation only if they can prove that the employee willfully injured himself, the employee was under the influence of alcohol and/or drugs during the incident, and/or the injury is not job related at all.
  • If the injury incurred has lifetime effect that prevents you from earning the same amount as you once had, then you are entitled to a benefit that would fill 2/3 the amount of the discrepancy.
  • The monetary benefits are exempt from taxation.

One should remember though that different each state has different laws governing what should be covered by the workers compensation. Read on here on how workers’ compensation law works in California. So some details might differ. An employer is also prohibited from discriminating you once you file for workers compensation claim.

Now for the Cons:

  • You are prohibited from suing your employer once you have filed a claim for workers compensation. Of course, you can still sue your employer but you would have to waive the workers compensation. You cannot have it both ways. And of course, battling it out in court does not assure you of the benefits you get from the workers compensation.
  • Workers compensation does not include pain and suffering in its benefits.
  • Once you have claimed workers compensation for your injury, your employer is exempt from any negligence claims. Whether or not the injury is a direct result of an employer’s negligence (as defined by the law), it will not be an issue anymore and the employer is not obligated to pay you for punitive damages.
  • There is a set limitation (amount is depends on which state you live) of monetary compensation that is allowed to be given to you.

If you are unsure of whether you should sue or claim workers compensation, you can always consult with a lawyer first and have your situation evaluated. You can decide then. The important thing to that you make an informed decision.

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Actions You Can Take if You Get Defective Products

Every once in a while, we often times buy a product that doesn’t work or comes short to what was promised it can do. If this happens to you, do you know what you should do? What actions can you take if you get defective products? As a consumer you have every right to proper compensation if or when you get a defective product. But first, you should evaluate the situation and decide how to proceed.

First, what is wrong with the product? Does it not do what it was advertised that it’s supposed to do? Is the problem with just a part or component of the product? For example, the television set works as it shows images on the screen but you can’t transfer the channel or adjust the volume. Or is the problem only physical? Are there scratches? Is it bigger than advertised? Does the aesthetic come short to what was advertised?

After evaluating the problem, what can you do? Take action immediately. If the product you purchased does not perform as it was advertised from the very beginning, then you can reject the item and return it to the store where you bought it and get a refund. Here’s more info on what you can do when you suffer from a defective product.

On the other hand, it may take some time for some products to show their defects. In this case, having a warranty come with the product is very beneficial for you. This will help you make a better case if you want to return the product for a replacement or repair without additional charges. However, you have to make sure first that you did not cause the defect.

In some cases though, defective products can result to lawsuit to some manufacturers especially if the product defect caused bodily harm, injury or lifetime damage to the consumer. Under product liability, the manufacturers are required to make compensation for the harm they caused. Product liability claims can be under these 3 major types:

  • Manufacturing Defect – This is when the defect of the product was made during the course of the manufacturing. Meaning, it could be that the materials used are substandard and/or the workmanship is faulty.
  • Design Defect – This is when the design is defective or ineffective. Even if the manufacturing is done under the standard process, if the design itself is useless, or does not satisfy what was advertised, or the expectations, then it is defective.
  • Failure to warn – This is when the manufacturer fails to warn the consumer of the inherent dangers that the product has. For example, a shampoo caused you to shed large amounts of your hair because the manufacturer did not warn you that you cannot use the product more than thrice a day.

The government is helping in making sure that defective products does not get to the shelves of the stores by imposing laws and regulatory agencies for different products. To be sure that you won’t have to deal with defective products, it is advised to always check the product before buying it. Check the labels and make sure that they have passed government regulations since most brands always put it in the packaging itself.

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Personal Injury Settlement Calculator

Settlement-Calculator-15.-On the off chance that you are harmed in a mishap, you are going to have loads of questions. In any case, most questions are geared towards the same thing: what amount of cash will I receive from all of this? This “how much?” question is the most common question that people have when they seek out our services. What’s more, it ought to be.

To begin with, let’s get straight to the point. We can’t give you a 100% accurate and specific reply. Any attorney who proposes they can offer you a genuine estimate in an online discussion or a telephone call is, to put it liberally, blowing smoke.

In any case, what you can discover on this site is data that will give you a superior thought of (1) what your case is worth, and (2) how much cash that puts in your pocket.

This page will give you a huge amount of data and insights about your case. Yet, in the event that you have are genuinely injured and in need of compensation, you require somebody to battle for you. We battle for each and every penny we can get either by method for settlement or trial. In the event that you have a genuine individual harm case, call us or get a free online meeting through our contact form. We will battle for you.

The Settlement Formula

download (1)In most cases, the best indicator of how much you receive is going to be the extent of your injuries. Injury attorney Tim Ryan once said, how much have you suffered? How would you gauge the agony and enduring issues that you’ve been dealing with because of the incident?

The answer relies on upon the case. In a few different sorts of auto and truck mishap cases, insurance agencies will attempt to utilize a PC program to register an outline of a settlement formula, by having the insurance agent put the greater part of the points of interest of the restorative records into a PC you get a relatively accurate payout.

In most car accident cases, if there is a genuine question of obligation, the case is in all probability is going to trial. Therapeutic negligence and items of alternate risk are an alternate monster. Similar formula applies in medicinal carelessness, item deformity, and premises obligation cases with one additional concept: you need to duplicate the probability of settlement based on the topic of whether the litigant is to blame for the injury.

You don’t need to be an analyst to make sense of the condition here. On the off chance that your case is worth $2 million, however you have a 80% shot of winning the case, your “settlement equation” estimation would be $1.6 million.


This is the genuine question, isn’t that so? What amount of cash will you really put in your pocket? No doubt about it. Individual injury cases are about cash.

Most likely, there is a whole other world to life than cash. Be that as it may, a common tort case is about cash. Does that mean you would not like to have your your adored one returned? Obviously not. Yet, sadly, cash is all of the justice you can get when making a claim.

Lawyers’ Fees

Lawyers’ expenses are not easy to understand, they ought to be deliberately explained in the retainer agreement. For our customers, the expenses are the same in each and every case we have: 33% of the recuperation if the case settles and 40% of the case if it goes to trial.

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What are the penalties for selling drugs in California?

California has very strict drug laws that hold high penalties. Prosecutors are not worried about drug dealers, and have no problem putting them behind bars. You do not want to be one of these people. If you’re smart, you’ll do your best to avoid jail time at all costs.

Yet, if you do find yourself in this situation for any reason, you want to hire the best criminal defense attorney out there. A good attorney will be able to help mitigate your sentence, and make sure you are not penalized more than necessary for your situation. This is a very serious crime, but if you are in this situation, consider hiring an attorney with experience in this area of the law.

The charge

drugchargesIn California, the charge for selling drugs is called possession with intent to sell. This crime is broken up into two elements, possession and intent to sell.

* Possession – The law describes these drug possession charges as being within your control. This can mean it is in your hand or in your pocket, but it extends to other situations as well. In your control could mean sitting next to you, in your car, or at home. Depending on your situation, your attorney can argue that you did not have possession, and it is the prosecutor’s job to prove that you did.

* Intent to sell – The prosecutor has to prove that when you had drugs on you, you had the intention to sell them. The easiest way is if an officer saw you selling it, or was undercover and you sold it to him or her. Yet, there are other indications. For example, the amount of drugs within your possession, the activities surrounding the situation such as people constantly coming and going from your place and only staying a short time, and paraphernalia including packaging materials, scales, weapons and anything else that shows a business being run. This is all evidence pointing to intent to sell, and it is your attorney’s job to dispute these incidents.

The defenses

attorney defendingHere are some defenses that can be brought in your favor if you are willing to hire a qualified criminal lawyer:

* Possession for personal use – Depending on the evidence, you can try to prove that the drugs in your possession were for personal use only, and you did not intend to sell them. Provided the evidence points this way, this can lead to a reduced charge.

* Entrapment – This is much more difficult. This occurs when the police push you into the crime without you having any personal say of your own. This does not mean tricking you, as long as you had a choice to say no, generally it is not entrapment. It can be argued though in your defense.

* Not in your possession – If you were visiting someone’s home or the drugs were not yours, and then your attorney can argue that to get your charges dropped or reduced.

The penalties

drug penaltiesThe penalty you will face if convicted of possession with the intent to sell will vary depending on the type of drug, the activities involved, your previous criminal record, and anything that is allowable by California state law.

– You may receive felony sentencing of three to five years.

– If you moved the drugs from one county to another, then your sentence can be increased to three to nine years.

– If you involve minors in any way, sentences can range from three to nine years.

– You may receive a sentencing enhancement if any sale activities occur within 1,000 feet of schools, school-related programs, or playgrounds during operational hours.

– Felony sale of marijuana over one ounce leads to two, three or four years’ imprisonment.

– Selling chemicals used as ingredients to manufacture PCP and methamphetamine or the drugs themselves can carry a sentence of sixteen months to six years.

– For all drug sale crimes, there are increase sentences if you have prior offenses.

The Three Strike Rule

2015-07-31-1438362465-1604460-No3strikesIn California, a drug felony is considered a strike under the Three Strike Rule. This rule states that if you commit three felonies considered in the rule, then it carries an automatic twenty four to life prison sentence. Are you willing to risk this? If not contact an attorney to see if your case can be mitigated down to a misdemeanor or if there is evidence showing you did not have the intent to sell.

Contact an attorney to represent you in these cases.


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Benefits of Hiring a Domestic Violence Defense Lawyer

Domestic-Violence-LawyerA domestic violence case can be influenced by several factors. Finding yourself charged with domestic violence can be very distressful, especially when you are an innocent and not actually at fault. In such a situation, you need the help of an experienced person who fully knows the legal procedures in your area to help get you out of the charges you’re facing.

Of course, you are allowed to fight your own domestic violence case, but such cases can be influenced by several factors that are extremely challenging for an outsider to navigate through the legal system and chances are that you may face charges that are too severe to take on alone.

So it is always suggested to hire a professional domestic violence lawyer who will handle all of the issues from paperwork, trials, pleading, and other legal procedures and provide you with all of the required emotional support.

Let’s focus on numerous benefits of hiring a domestic violence lawyer.

  1. These lawyers are experts when it comes to defending false cases of domestic violence

private attorneyEvery year, several cases are filed as domestic battery where the accused persons are completely innocent. Sometimes, people get involved in a household argument with other persons where those persons escalate the matter to local law enforcement. Those persons bring the charges against innocent people that they threatened them and incidents occurred about domestic violence.

Even cases about child abuse have been also filed where it has been seen that the spouse is actually battling for the child custody. Now in these false cases, an expert domestic violence defense lawyer can prove the false accusation charged against his or her client as he has studied and worked in this field for years and knows the loopholes and inconsistencies of the law system. Thus, he can bring the case in favor of the accused person.

  1. Private domestic violence lawyers know the laws better

In a battlefield, success is owned by that person who knows exactly how to fight the war. If you are stuck with false accusations of domestic violence, you have the right to defend your own case. But chances are there that you may find yourself in a very tricky position as you do not have adequate knowledge, like the prosecutors, juries and other important members of the court. On the contrary, if you hire a domestic violence lawyer who knows everything about the criminal law system, prosecution procedures and judges, you will have a bigger advantage.

  1. These lawyers save you against heavy penalty

During every domestic violence charge, the prosecutors harshly communicate with the alleged defendants. Even though you are innocent and have been accused falsely for the domestic violence charge against you, it won’t spare you from the possibility of receiving penalty. If you hire a good domestic violence lawyer, he or she can save you against the brutal prosecution process and severe penalties by proving that you are accused of false domestic violence charges. In case, you are found guilty, your lawyer will protect you from unfair sentencing.

  1. The domestic violence lawyers protect your rights in the proper way

Every state follows specific laws and regulations about domestic violence. When you are accused of a domestic violence case, whether you will be arrested or not, that depends on the laws. It is better not to indulge any kind of heated conversation with the arresting officer in the process of proving that you are innocent as this can keep you from getting your desired result. Rather you need to contact an experienced lawyer who knows better what to do in order to bring you out from the worse situation.

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The First Steps to Take After Being Charged with a Crime

Legal rights picture for Orange County defendantsIf you have been charged with a crime, you will want to seek legal advice from a defense attorney that handles criminal cases before you speak with law enforcement on record. Whether you have been charged with a misdemeanor or a felony, you need to enlist the aid of an attorney so that your legal rights are protected.

If you are charged with a misdemeanor, you may be allowed to post bail to be released from jail immediately but if you are charged with a felony, you will be held until you have an initial appearance in court. Your bond will be set at your initial hearing.

If you cannot afford an attorney, one can be appointed for you. Whether you obtain an attorney on your own or one is appointed for you, enlisting the help of a defense attorney is crucial to protecting your rights!

In misdemeanor cases, you will be asked to enter a plea of guilty, not guilty or no contest. In felony cases, a date is set for a preliminary hearing although many defendants opt to waive the preliminary hearing. If you are charged with a felony, your case may be presented to a grand jury and an indictment could be handed down if the grand jury finds that there is enough evidence against you.

If you are indicted, you will then appear before a judge at an arraignment.

For serious criminal offenses, especially in Orange County, California, you want to make sure to receive assistance from a skilled legal professional as soon as possible after your arrest. Contact the best criminal defense lawyer in Orange County that you can find and have them provide you a free consultation.

Most attorneys will advise their clients to enter a not guilty plea to felony or misdemeanor charges initially. This will give you and your attorney time to request discovery from the prosecutor in the case so that you can review all evidence against you in the case.

After an arraignment, a defendant’s attorney will meet with the prosecutor in the case at a status conference or review hearing. A plea bargain may be presented at that time by the prosecutor or defense attorney to initiate a possible plea agreement in the case or to facilitate the charges being dropped altogether.

If the charges are not dismissed, and you, the defendant in the case, agree to the terms of the plea agreement, a change of plea hearing will be scheduled and a judge will approve or deny the sentence. In most cases, the judge will approve the plea agreement. If you do not agree to the plea agreement presented to you, your defense attorney can negotiate again with the prosecutor in the case or you can exercise your right to have your case go to trial.

As the defendant, you can choose between a trial in which your guilt or innocence is determined by a jury of your peers or you can have your case heard before a judge who will hand down a guilty or not guilty verdict.

From the time you are charged with a crime until your case is resolved, a defense attorney is paramount to protecting your rights every step of the way! Enlist the help of an attorney so that he or she can help you navigate your way through the justice system!

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Beware: Some Defective Products Cause Death

Like any consumer, you expect the products you purchase and bring into your home should be safe and defect free. However, badly build, poorly designed, and falsely advertised products are constantly being sold to unsuspecting buyers all over the country. When a defective product causes injury to you or to a loved one, you have a right to pursue legal reparations.

Common types of product defects include automotive defects, pharmaceutical defects, and defective toys.

Those who are injured by defective products may bring defective product cases under premises of products liability. The term ‘products liability’ is used to describe laws that provide for the compensation of those injured by dangerous or defective products. In some states, manufacturers are held liable for any defective products they sell that have caused injury.

This means that those who are injured need only prove that the product at issue was defective and that it was, in fact, the cause of the injury. Defective products can be faulty by the nature of how they were designed, the manner in which they were manufactured, or the way the products were marketed.

A defective product design is a fault in the way the item was engineered. A defect in manufacturing is a fault in the way the product was assembled. Defective marketing means the advertisement for the product was misleading and caused consumers to use the item in a manner for which it is not well suited or designed.

One of the most common defenses negligent parties in products liability cases will raise is that the injured party misused or altered the product and thereby brought the injury upon themselves.

Types of injuries incurred through the use of defective products can range widely, to include injuries to the back or neck, amputation, poisoning, internal organ injuries from defective drugs and death. Defective product cases tend to be complex, requiring a thorough investigation of the product, the alleged defect, and the responsible party. 

The injured party must do more than prove they were injured while using the defective product. They need to show that use of the defective product caused the injury. The injured party must then show that the product which injured them was used as the advertisement and packaged literature expressed it should be used.

That is, the injured party must make the strong and convincing argument to the effect that the product was used by the injured party in the way the manufacturer intended for their customers to use it, that this manufacturer recommended use combined with the defect present in the product together produced injury.

Should the party seeking to be made whole for injuries presents compelling evidence to these points, they stand a good chance of being awarded for damages.

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How to Find a Great Personal Injury Lawyer in Riverside, California

download (1)Nobody plans to get hurt in an accident. Things just seem to go wrong when least expected. However, once involved in an accident, there are things that a person can do to make the best of a bad situation. First and foremost, they should visit a medical professional to ensure their physical safety. Then, it is imperative that they contact a personal injury lawyer who can help them receive justice for what has been done to them.
Finding a great personal injury lawyer in Riverside, California, involves searching for one who is committed to winning compensatory and punitive damages, when possible, and prepared to go all the way to trial, if necessary.

Compensatory Damages

A great personal injury attorney will push for adequate compensatory damages. This award is what the judge or jury, known as the fact finder, gives the victim, the plaintiff, to compensate for the harm done. In general, this monetary award should meet the out-of-the-pocket expenses suffered as a direct result of the accident.
Medical costs are a primary example of compensatory damages. Accident victims usually have some physical injuries that require medical attention. For some families, a wrongful death attorney is needed to obtain compensation for funeral expenses. These bills are, of course, usually high, even with insurance. The best lawyer will gather the necessary reports to properly establish the direct link between the medical diagnoses and the negligence of the defendant, the one who caused the accident.

Punitive Damages

Along with compensatory damages, California courts can assess punitive damages. Again, this is a financial award. The difference is that unlike compensatory damages, in which the victim must prove having lost the amount requested, with punitive damages, the fact finder has virtually complete leeway in deciding the amount.
The objective of punitive damages is to punish the defendant for their negligence. This financial penalty is in lieu of a criminal punishment, since personal injuries are part of the civil law procedural system.


Civil law cases are a long process. From the initial consultation, through discovery, to settlement offers and onto trial, the best personal injury lawyers are prepared for the battle at each step. It is necessary for an attorney to be experienced at handling all phases of civil litigation.
An opposing attorney will know if a personal injury lawyer does not posses the experience to get through a trial, for example. They will then refuse settlement offers knowing that they can probably drive the amount lower. A great Riverside lawyer must exude confidence in their ability to win at each stage.

Time to Find the Best Personal Injury Lawyer Possible

Armed with this information, the average Southern Californian harmed in an auto collision, slip-and-fall, medical malpractice case or any other personal injury situation can go out and find themselves a great attorney in Riverside.

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Advantages of Hiring an Orange County Criminal Defense Lawyer


There is an old saying that goes “He who represents himself has a fool for a client.” While it might sound harsh, understanding legal facts and the entire legal system is a must. Without this sort of experience and knowledge, any individual, no matter how intelligent, is going to struggle representing him or herself in a court of law.

This is especially the case in a criminal case. No matter how obvious the facts might be to an accused individual, a qualified, skilled lawyer on the prosecution can tear any case apart and make it look like the defendant is guilty. That is exactly why it is essential to take advantage of an Orange County criminal defense lawyer.

An Orange Country criminal defense lawyer can represent an individual in a court of law. They defend a client’s right and make sure they receive the best legal advice possible. No matter what the case is or what sort of charges are being brought up against the individual, the experience and knowledge of a defense attorney might be the difference between freedom and sitting in a jail cell for many years.

Nobody wants to sit in a jail cell and spend years of their life behind bars. An Orange County Criminal Defense lawyer is able to help.

Beyond just defending an individual in the court of law, the criminal defense lawyer is able to work with the prosecution as well in cutting a deal so the case never even makes it to trial. Often times, both sides would rather avoid taking a case to trial. In some instances, a trial is necessary, but in many cases, avoid a trial all together is the best outcome for both parties. It all just depends on the case, the situation itself and what the defense client wants to do.

The Orange County criminal defense lawyer is never going to do something the client doesn’t want to do. If the client doesn’t want to take a deal, make a deal or have any kind of back and forth with the prosecution there doesn’t need to be. This is simply one of the many advantages available when using a defense lawyer, but it is not the only one and it does not need to be used.

So, if a defense client would just rather go to trial and use the experience of the lawyer to handle a trial, that is always a possibility.

No matter what the case is or how clear and cut it might seem, someone who is being prosecuted by the state should never stand to represent themselves. This is where the best of the best Orange County criminal defense lawyer is able to stand up and do everything in their power to defend their client and protect their rights as a citizen of the United States and of Orange County. So, regardless of the potential crime, an Orange County criminal defense lawyer is able to offer the very best legal defense.

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