July 14th, 2009 at 03:02pm
Under DUI Law
Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.
When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.
In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.
Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.
If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.
When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.
When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.
The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.
Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 14th, 2009 at 03:02am
Under Drunk Driving Law
One dilemma that continues to thrive in Los Angeles, California is the number of drunk driving accidents that citizens fall victim to each year. With the numbers increasing all the time, it is becoming ever more likely that you or someone you know will also become a victim. This growing concern makes it progressively more necessary for you to be aware of your legal options. There are many lawyers in Los Angeles that specialize particularly in these types of accidents and who are willing and able to offer you every advantage necessary to winning a just settlement. If you aren’t entirely sure if you need a drunk-driving accident lawyer, the best way to find out is to convene with one and converse about your claim. Oftentimes, law firms will give inexpensive or even free consultation time to those who aren’t sure whether or not they have a valid claim. If you’ve obtained injuries from your accident, it would be wise for you to consult with an accident lawyer as quickly as you are able to after the event. You should also receive any medical attention you may need for your injuries immediately. Sometimes victims claim that their wounds are too small to require medical attention. However, small injuries that are caused during drunk-driving accidents and are ignored can sometimes result in more serious and costly medical complications later in life. To avoid this scenario, it would be wise to consult the expertise of medical professionals, regardless of the triviality of your injury. After you’ve been advised by a Los Angeles drunk-driving accident lawyer, he or she will be able to offer you a precise calculation of the value of your claim. The settlement you obtain will help you pay the medical fees that were incurred in the care of your injuries. Many victims who are unable to work because of the injuries they’ve received also use the money to pay for other expenses, like a mortgage payment, utility costs, and more. An informative and educated Los Angeles drunk-driving accident lawyer will determine the amount of your needs and your expenses when deciding the fairest value for your claim.Once your lawyer has helped you earn your settlement funds, it usually takes a certain amount of time for the money to reach you. In addition, it is typically dispersed in monthly installments over another period of time. Some find that these installments are not enough to immediately cover the medical fees they have incurred while receiving care for their injuries. If you find yourself in a similar situation, your lawyer can recommend to you a pre-settlement lender. Most lawyers know reputable lenders who offer pre-settlement advances to clients in need. These loans can help cover the cost of medical expenses that may be due before your settlement arrives in its entirety. This means you can pay the bills you have due now even though you won’t receive your settlement funds until later.
By Law Article
July 13th, 2009 at 02:54pm
Under Civil Rights Law
Information about various Indian laws and government policies. Features a lawyer search service, online legal help, and a 24 hour helpline for members.Online Legal solution (helplinelaw.com) is a special legal service with its emphasis on client and user friendly services rather than lawyer / advocate or technical data.Due to this we have thousands of visitors who have found a legal practitioner at a city / country of their choice with the least amount of fuss and effort.Our Legal services are available in 900 cities and 217 countries worldwide as a USA, UK, UAE, Canada, India, China, Japan, Italy etc.Most of the reference and replies are sent within 2 days and so the legal solutions are available very fast considering existing standards.A special Pro bono (free legal advice) segment is available for people who need legal support but either is financially incapable or cannot go out on their own for legal advice by Help Line Law.Help Line law during the current year would bring special focused services to its users:1) Real Estate: Helplinelaw: This service will offer approved and legal property purchase options in India. It will make it possible for members to locate project, which are legally safe and good to purchase.This service will initially be launched helplinelaw.com at New Delhi, Mumbai, Bangalore, Chennai, Kolkata, Goa, Ahmedabad, Agra, Ahmedabad, Bangalore, Baroda, Bhav Nagar, Bombay, Calcutta, Chandigarh, Chennai and National Capital Region (NCR). We accept the people to benefit immensely with this service.2) Specialized searches for Immigration, Corporate and Commercial work, Family matters, Intellectual Property Rights (IPR), Taxation matters, Divorce Laws, custody, Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, Civil, Criminal Solicitor, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Property lawyer, deeds, drafts.It will be our endeavor to provide focused and specialized services to all our visitors and client and assist them in finding the most appropriate option for their searches and requests.
India Law offices wrote this article on behalf of real estate investment policy in
Indian Law. For more information on Indian real estate government policy for visiting
India law firms lawyer online directory and online legal services by helplinelaw.com.
By Law Article
July 13th, 2009 at 02:53pm
Under Business Law
With highly sophisticated infrastructure and free enterprise economy, Thailand – officially the Kingdom of Thailand – attracts many foreigners to set up and conduct innovative businesses. However, in order to invest or conduct a business in Thailand, a foreign investor is required to comply with certain laws and regulations. Al though they are sometimes complicated, these regulations are straightforward and not problematic.
The laws regarding foreign business laws in Thailand are governed by the Foreign Business Act, B.E. 2542. In other words, the Foreign Business Act 1999 (FBA) is the most significant law that oversees major foreign-owned businesses in the country. Published on December 4, 1999 in the Royal Government and came into existence with effect from March 3, 2000, this Act actually replaced the Alien Business Law, otherwise known as the National Executive Council No. 281, which was enacted in 1972.
The Foreign Business Act 1999 has been developed to provide the country with a modern as well as effective legal framework that enables foreign investors to invest in large scale. According to the Foreign Business Act, a company is regarded foreign, if it complies with following regulations such as:
- The entity not being registered in the country
- A registered or a limited partnership entity with non Thai managing partner
- Al though the entity is incorporated in the country, foreign shareholding is half or more than half of the overall shares of the company
- Over half of the firm’s capital fund is derived from a person who is not of a Thai nationality
As per the Foreign Business Act, the businesses have been categorized into three categories, such as Category A, Category B, and Category C. Under the Category C, foreign individuals are completely restricted from starting certain business for some special reasons, and some of them are newspaper publication as well as television or radio business firms, livestock business, wood processing business, business in connection with the Thai herbs, trading of antique or any items of historical significance, manufacturing of the images of Lord Buddha, and land business.
As in the case of the Category A, the Category B also prohibits foreigners from investing in certain types of businesses. Among these businesses are businesses that may affect the safety as well as security of the national, such as, manufacture and sales of items like gun powder and explosive items; businesses that may affect the art and culture of the country like manufacture of wood items, manufacturing of earthenware items, silkworm rearing, orchard farming, and laundry services; and businesses that may affect natural resources of the country, such as, manufacture of sugar from sugarcane, mining of rock salt, and processing wood to build furniture as well as utensils. However, such businesses may be conducted if the entity can gain the approval of the Board of Investment.
When comes to the Category C, it allows foreign firms to invest in certain types of businesses, provided they get approval from the Committee. Included in this category are farming of rice as well as production of flour, business in connection with fishery and forestry matters, mining, manufacture of glass containers and crockery, lime production, accounting and legal service businesses, and architecture and engineering related businesses.
A foreigner interested in investing as well as conducting any of the business specified in the Category C is required to submit an application with the Department of Commercial Registration in order to receive a license, namely, Alien Business License, before starting any business activity in the country. This license would be valid for a stipulated time period, and would be further subject to certain conditions.
However, for a foreigner or an alien company to apply for Alien Business License, the Ministerial Regulations, as per the Section 8 of the Law, has put forward certain conditions, of which some of them are the overall debt in connection with the financing of the business should not exceed seven times the capital possessed by the proprietors, partners, and shareholders of the business; money brought from abroad should not be less than the amount that has been declared as capital investment for the business in Thailand; and the number of Thai as well as alien directors must be in accordance with the capital held.
A plethora of law firms and other related service providers are in the scenario to help foreigners in dealing with complicated laws in connection with the foreign business registrations.
By Law Article
July 13th, 2009 at 04:38am
Under Family Law
There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.
Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.
Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.
In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.
If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 12th, 2009 at 10:39pm
Under Immigration Law
There are certain laws imposed by governments of various countries to the people who are immigrating. These laws are in common named as the Immigration Laws. The Immigration Law for the Kingdom of Thailand is a set of laws concerning the immigration of people across the globe in to the kingdom. It is to be understood by any person intending to travel to Thailand even if as a tourist. The Immigration Law for the Kingdom of Thailand is to be followed by each and every person and are liable to be legally questioned if found guilty of breaking any of the set of laws. Immigration applications are handled by Immigration Bureau of the Royal Thai Police Department, Ministry of Interior, according to the immigration act of 1979.
Most people who are planning for a vacation need not worry about the problems of having a visa and other such legal licenses. Except a few countries, all people from all over the world are allowed to be guests in the kingdom of Thailand. The Immigration law of Thailand allows a person to stay in Thailand without a visa for a period of about 30 days. This law is very much helpful for tourists as most tours do not exceed a time limit of 30 days. This avoids the strain of running for visas when we are planning for a vacation. An extended period of 15 days may also be approved by the government on applying for it in the immigration office. Thus tourists are saved from these complicated steps to be undergone for getting visas and all, by the government itself.
But if a person wants to stay in Thailand for a long period of time as a settler then he or she will have to clear out all the norms put forth by the government. The Immigration law for the Kingdom of Thailand imposes rigorous punishments upon immigrants leading up to extend of giving death sentences. Immigrants may be of many types such as tourists, visitor transit, non- quota immigrant, non immigrant, and immigrants. People must apply for a visa in order to stay at any country for a longer time. Visas are of many types such as Non immigrant visa, tourist visa, etc. Non immigrant visas are taken by people who have other motives for being in Thailand rather than being a tourist. Other relevant documents may also be needed for non immigrants.
As per the immigration law for the Kingdom of Thailand, any ‘application’ is considered just as a request for staying in Thailand on a temporary basis. An official staff advised by the Commissioner General of the Thailand police headquarters only has the right to provide permit to people for a temporary stay. As per the immigration law of Thailand, any person having a valid passport may apply for the visa and if the application is rejected, then he or she may ask for the reason and the official concerned will have to give satisfactory explanations. Then he or she can resubmit the application again. The Thai Government can provide extension for staying at Thailand but it must not exceed 30 days and within this period the person concerned must get a license to stay at Thailand.
For people who plan to migrate to Thailand for the purpose of business, jobs, etc, permission may be granted which will not exceed a time period of one year. In most of the cases such as enrollment in a government institution, office, family member of a resident family, etc, the period will never extend one year at a time.
There are many procedures to be followed while submitting the application and it need not be accepted even though almost all details given in the application are most perfect. Sometimes the officials may find out some problem in granting the permission. The rules laid by the immigration law of the Kingdom of Thailand are rather complicated and might seem to be confusing for outsiders. Most Thai officials try not to cause problems and so immigration to the kingdom of Thailand is considered much strain less. The Immigration Law of the Kingdom of Thailand provides one of the vast studies upon the rules imposed on immigration. It is to be studied by all people planning to immigrate to the kingdom.
By Law Article
July 12th, 2009 at 08:58pm
Under Criminal Law
Criminal, or Penal, Law, refers to the body of rules that govern punishments for a number of legal offenses, usually enforced by the government. Each state has its own set of procedures to deal with the offenses committed, but for all states, punishment is occurring for a person’s failure to comply with a set of rules or laws. These punishments can range from very simple, such as a small fine, to quite severe, such as execution.
During a trial of this type of Law, a criminal lawyer has the task of defending his or her client. It is almost never recommended that an accused person should try to represent him or herself in a criminal case. Criminal law can be difficult to understand and it takes years to become an expert. When defending yourself, you want someone who understands the situation you are in, knows what options are available, and knows the best way to proceed. Hiring a criminal lawyer is the most effective way to find this type of person.
When hiring a criminal defense lawyer, there are a number of aspects about the lawyer that one should examine. One of the most important aspects is experience, not just as a defense lawyer, but experience with the specific type of case that is being dealt with. Experience spread over a number of years is also important, not just in number of cases seen. Having been successful over a long period shows that the lawyer can adapt to changing moods and views that society goes through, and that he or she has seen a wider variety of outcomes, therefore possessing more knowledge of how to resolve a case. A long winning record is ideal, as this will make the proceedings go much more smoothly. The lawyer will be able to bring ideas and viewpoints that less experienced lawyers may not have seen or heard of yet.
If one is able to find a defense lawyer with this type of experience, it is most likely that he or she will have two other very important attributes, confidence and respect. A lawyer who is confident in the courtroom and in his or her abilities will be able to present ideas more effectively. One who has earned the respect of the community and judges will also be more effective. He or she will be able to negotiate easier, win crucial motions, and get more favorable rulings.
In addition to the courtroom side of things, a good criminal defense lawyer should also be one that cares about the client and makes an effort to understand the situation. A lawyer who is interested in the well being of his or her clients and spends the time to get to know them will be fighting harder in the courtroom than one who does not do this. These lawyers will understand what the various outcomes of a case may mean for the client. Large fines, jail time, or even just a small criminal charge can have enormous repercussions for some people, particularly those that require a license to perform their job. It is important to realize this and to fight hard to reduce those effects as much as possible.
There is no substitute for experience, and ideally, one should try to find the best lawyer available that one can afford. One who has experience and knowledge, but still possesses a passion for what they do, with a genuine concern for the client and his or her well being. Criminal cases can have devastating effects on a person’s life, and a good criminal defense lawyer is a valuable tool that should not be wasted.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
By Law Article
July 12th, 2009 at 04:10am
Under Elder Law
Ruth Klein is a branding, marketing, publicity and time management consultant to law firms and business professionals ranging from solo entrepreneurs to the Fortune 500. As an award-winning business owner with a master’s degree in clinical psychology, Klein brings her unique, results-driven insights, expertise and practical solutions to her law firm clients. For more information, visit
http://www.ruthklein.com .
By Law Article
July 11th, 2009 at 04:09pm
Under Education Law
TerminologyThe federal law governing special education is called the Individuals with Disabilities Education Act, or IDEA. It is codified in Title 20, United States Code, starting at section 1400. It was initially passed in 1975. A number of major reauthorizations have taken place. The two most recent were in 1997 and in December 2004. The December 2004 changes took effect, for the most part, on July 1, 2005. The changes made in the 2004 Act are numerous and varied, but perhaps not revolutionary.In early 2002, President Bush signed the No Child Left Behind Act (NCLB) which is intended to ensure quality education and a high level of accountability. Many of the provisions of NCLB had an uncertain impact on IDEA 1997. Hence, IDEA 2004 attempts to clarify the impact of NCLB.The IDEA speaks in terms of a State Education Authority (SEA) and a Local Education Authority (LEA). In Connecticut, the SEA is the State Department of Education. The LEA is generally the local school district, which is referred to as the district or the Board. In this context, the Board refers to the district’s administration, not to the actual Board of Education and its elected members.State and Federal LawConnecticut passed its special education law in 1967. The federal Education of All Handicapped Children Act initially passed in 1975. Hence, the Connecticut act predates the federal. The federal law did not pre-empt the field. Rather, federal courts can enforce both federal and relevant state law. “Relevant state law” is law which is not inconsistent with federally mandated requirements, both substantive and procedural, of the Act, and includes, inter alia, procedural safeguards which are more stringent than required procedures set forth in the federal law. Burlington v. Department of Education, 736 F.2d 773 (1st Cir. 1984), aff’d 471 U.S. 359 (1985). For the most part, Connecticut and federal requirements have converged. Yet, most of the detailed procedures for eligibility and due process stem from Connecticut law, as does the nomenclature. In Connecticut, there is a Planning and Placement Team (PPT) meeting. In New York, it is called a Committee on Special Education (CSE) meeting. In the federal law, it is called an Individualized Education Plan Team (IEP Team) meeting. The Connecticut ApproachThe Connecticut State Department of Education (SDE) takes a hand-off approach to local school boards. This compares to New York, where the state department closely regulates most aspects of special education. The Connecticut SDE advises local school boards on questions, when raised. Indeed, SDE also provides advice to parents. The state approves private special education schools, but the approval is largely a matter of seeing if the right boxes are checked, rather than looking at the quality of the education provided. The state, pursuant to federal law, receives and processes complaints, but appears to be interested only in procedural requirements, avoiding making any comments on the substance of the claim. And, the state runs the due process and mediation systems. This is all done by a tiny group of people in Hartford. The SDE also runs the Special Education Resource Center (SERC), which serves as an information clearinghouse, library, and training center. As a general rule, the State Department of Education sees itself as a consultant, rather than as a regulator. The Special Education Universe in ConnecticutFor the 2007-2008 school year, there were 68,989 children in Connecticut who were designated as eligible for special education services. This number is a drop of 5,000 from five years earlier. Special education students represent about 12% of the total student population of 574,287. Districts vary widely in percentages designated as eligible for special education, with some districts near 5% and others over 18%. Among disabilities, the largest group, comprising 32% of the special education population, consists of students with learning disabilities (LD). Five years ago, learning disabled students represented 38% of the special education population. The next largest group, accounting for 21% of the special education population, contains students with speech or language impairments. Other health impairment (OHI) accounts for 17%, severe emotional disturbance (SED) is 8.5% and intellectual disabilities (ID) are 4%. Some 6.4% of special education students in Connecticut carry the Autism label. The racial differences are, however, significant. The following chart shows the 2007-2008 percentage of each racial/ethnic grouping that has a particular special education designation.
By Law Article
July 11th, 2009 at 08:53am
Under Bankruptcy Law
Bankruptcy is provided by Federal Law and all the cases related to bankruptcy are handled in Federal Court. Basically it is a legally declared by the court in which any individual or the organization is unable to pay their debts, expenses, bills to their creditors. Those who are bankrupt can file bankruptcy in a way to stop their creditor to collect debt from them. Chapter 7: Liquidation Bankruptcy & the changes under the new lawIt would be very harder for some people to file bankruptcy now. Especially with higher income level category they are now no longer allowed to use chapter 7. They need to pay partial amount of their debt under chapter 13. Before filing a bankruptcy case all the debtors have to undergo for the credit counseling, budgeting and the debt management. This law imposes on the lawyers too so it is very difficult to find an attorney to represent the bankruptcy case. Following are the changes in the Bankruptcy Law – • Under the old law many filers can choose the type of bankruptcy. Most of them were choosing Liquidation (Chapter 7 – Bankruptcy) over Repayment (Chapter 13 – Bankruptcy) because they proved beneficial for most of them. But under the new law, it would not be the case for the higher income group filers, the new law has prohibited from using chapter 7 bankruptcy for them. • Now the question arises about how you will define your income is high for filing under the bankruptcy. Under the new rules, the first step is to figure out your monthly income against the median income for a household for your size in your state to file in the chapter 7 bankruptcies. If it is less than that then you can file under chapter 7 and if it is not then you have to pass the means test. Another clause or the law in order to file for chapter 7. • The means test is to be done to calculate your disposable income and to see whether you have enough disposable income after deducting your expenses, debts, payments under chapter 13. If your income is high up to a certain limit after deducting your expenses, debts and all then you are not eligible for chapter 7 and if it is less than the certain amount then you can file under chapter 7 bankruptcy. • Now the next step is the counseling from the approved agencies by the United States Trustee’s Office about the credit & debt counseling. Purpose behind this counseling is to see and give an idea about your need to file for bankruptcy. Counseling is required even if it’s a repayment plan or for the debts that you are facing and you do not want to pay. If the agency come up with a repayment plan the agency proposes and you agree on that propose then you can submit it to the court along with the papers that you have completed the counseling process. Towards the end of your bankruptcy case, you will have to attend the last counseling session to learn about the personal financial management. After submitting the proof to the court you fulfilled this requirement. These are the new changes in the bankruptcy law. There are other changes that can affect bankruptcy filers negatively. In short, debtors are at more risk of having their property taken and sold by the trustee or the authenticated person.
By Law Article
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