Chapter 7 or Chapter 13?

June 17, 2017 | David J. Hernandez | 0 Comment | 2:51 pm

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Realizing that you are in a position that might require filing for bankruptcy is a hard pill to swallow for anybody. It takes a lot of humility to understand that you have screwed up. Filing for bankruptcy usually has a negative connotation associated with it. It is a very long thought-out and difficult decision people make. However, it is important to know what happens when you file for bankruptcy. First when considering whether or not you should file for bankruptcy you will be required to attend approximately six months of credit counseling and at the end you will take a test to see whether Chapter 7 or Chapter 13 is more suited to your needs.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy individuals end up filing with the Court. With Chapter 13 you will set up a specific payment plan including payment and time period to pay back the loan to pay back your creditors on payments that are overdue. The time period used is typically about five years. The Court needs to approve your payment plan and this happens once they have sufficient evidence that you have the financial means to pay the debts back as you have outlined. Often this is the more desirable option as you get to keep your property and work over time to pay things off. On the other hand, with Chapter 7 you have to fill out a bunch of paperwork detailing all of the property you own and assign a value to each item. It tends to be known as liquidation bankruptcy. You then typically have a hearing where your creditors get to determine whether each item should be part of the bankruptcy. A trustee will then take these items and work on converting them into cash to pay back your creditors. Hence the liquidation aspect. It is important to understand that once a bankruptcy claim is filed, an automatic stay is put in place which prevents creditors from furthering harassing you for payment during the proceedings.

A lot of people enjoy this aspect because it can get overwhelming having creditors down your back every day. A month or so after you file your claim, your trustee with meet with creditors to discus your bankruptcy. The trustee acts as the intermediary between you and the creditors so that you don’t keep receiving harassment from creditors. The trustee will go over the paperwork with you and make sure there aren’t any discrepancies with values you have assigned different items of property you listed. Based on your goals, assets, debts, income and expenses filing for bankruptcy can help wipe out most types of debt including credit cards and medical bills, reduce monthly payments, stop creditor harassment, stop repossession of your vehicle, stop the foreclosure of your residence, stop wage garnishments, and even stop the stress caused by debt collectors. Either option you choose, Chapter 7 or Chapter 13, it is important to have an attorney look over things. Kirkpatrick & Associates is a great firm to call. They will assist you in getting back on the right track. Bankruptcy may not be the best option for everyone so it is important to have an attorney go over things with you and help you come to the best option for your situation.

How Does Estate Law workHow Does Estate Law work

March 24, 2018| David J. Hernandez| 0 Comment| 2:48 pm

The Law Offices of John N. Kitta Estate Lawyer; http://www.youareingoodhands.com/, provides comprehensive legal help in the area of estate law. Come by our offices in Fremont, California. You may be a client but we will treat you like one of our family. This is core to us because estate planning is a legal service that everyone will need whether they realize it or not. Estate planning covers a number of elements but it is simply providing for the continued management of one’s assets whether they have the capacity to do so our not. Careful and attentive estate planning takes into account the tax consequences of one’s estate based on the nature of that person’s estate and the location of that estate. A person’s estate could be anything from a simply bank account to ownership and holdings in real property and corporate interests.

If you take the time to check out our website at http://www.youareingoodhands.com/ many of your answers regarding estate planning can be answered. The following areas are some of the most frequently asked topics regarding estate law and planning Estate Law:

Organization and succession of family owned and operated businesses.
The division of real, personal and intellectual property and assets.
Conflicts and administration of matters regarding one’s social security disability trusts benefits.
The preparation of wills and trusts for generational familial assets.
The purposes and requirements related to durable and sometimes limited powers of attorney.
The design and creation of charitable trusts as well as trusts for minors and for certain people with special needs.
Internal Revenue Service and the State of California’s application of its Franchise Tax Board and negotiations involving general estate taxes.
The need for proactive planning to avoid or limit exposure of ones estate to probate court and conflicts regarding inheritance issues.
The relevance of estate planning and why one would need a living trust and what is a living trust.

There is no one formula for estate planning that suits all individuals. The proper legal advice is based upon the nature and extent of one’s estate. My office will sit down with you and do an estate audit of all of your business holdings, real property interests as well as potential future earnings still due to you such as annuities, stock and other investment yields. I will then outline some estate structures that you can engage in now as well as put into place in the future. It is not difficult once you realize that you only become aware of the need for estate planning once a crisis is already at hand.

For clients that have special wealth management needs I can help you as well. especially residents of California. Come on in. I can’t wait to be of service to you!

Skilled Neck and Back Injury AttorneysSkilled Neck and Back Injury Attorneys

May 16, 2023| David J. Hernandez| 0 Comment| 9:42 pm

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Skilled Neck and Back Injury Attorneys: Advocates for Your Recovery

Providing Personal Attention and Professional Representation for Over 30 Years

If you have suffered a neck or back injury as a result of a car or truck accident, you may be enduring excruciating pain. Unfortunately, these types of injuries often worsen over time, leading to chronic and debilitating discomfort. If another person’s negligence or recklessness caused your serious neck or back injury, it is crucial to seek the guidance of an experienced personal injury attorney who understands the physical and emotional toll you are experiencing. Our law firm is dedicated to pursuing justice for clients with a wide range of injuries, from spinal cord damage to severe head trauma.

We encourage you to contact us and schedule a free initial consultation. During this meeting, we will take the time to listen to your story, provide an explanation of the relevant laws, address any questions you may have, and outline the legal options available to you. Our firm is committed to providing personalized service and professional representation to ensure you receive the support and advocacy you need.

Living with a Serious Neck and Back Injury

Whiplash: A Painful Reality

Whiplash is a painful and often debilitating injury that occurs when your head jerks violently due to a sudden and severe impact. It is commonly experienced in rear-end or side-impact collisions. Severe symptoms of whiplash include sharp neck pain and limited mobility. Victims may struggle to maintain regular work hours or experience difficulty sleeping for several weeks following the accident.

If you are suffering from whiplash after your accident, you may be entitled to compensation for your serious neck injury. Our attorneys are here to help you navigate the legal process and fight for the compensation you deserve.

Lower Back Injury: Dealing with the Consequences

Motor vehicle accidents can result in lower back injuries, such as herniated (bulging) discs, which often lead to intense sciatic pain. While the pain may subside over time, typically within four to eight weeks, some individuals experience chronic discomfort. If you are facing ongoing pain, our attorneys may be able to assist you in pursuing compensation for medical expenses, pain and suffering, lost wages, and other related losses.

A Comprehensive Investigation for Your Case

If we accept your neck or back injury case, we will conduct a thorough investigation to determine the exact cause of your injury and identify all responsible parties. We will then work tirelessly to pursue compensation from the insurance company or through workers’ compensation benefits. You can have peace of mind knowing that our attorneys will diligently prepare a strong and compelling case, enlisting the support of trusted physicians and specialists who specialize in treating neck and back injuries.

Contact Us Today

We invite you to reach out to us and schedule a free initial consultation to discuss your concerns regarding your neck or back injury. It is important to note that all personal injury matters are handled on a contingency basis. This means that you will not have to worry about upfront legal fees, as we only collect payment if we successfully recover compensation on your behalf.

Dealing with a neck or back injury after a car or truck accident can be physically, emotionally, and financially overwhelming. However, you do not have to face this journey alone. Our skilled neck and back injury attorneys are here to provide the support and guidance you need during this challenging time. By seeking our assistance, you can focus on your recovery while we handle the legal aspects of your case. Contact us today to take the first step towards securing the compensation and justice you deserve.

The Basics of Understanding Disability LawThe Basics of Understanding Disability Law

August 22, 2018| David J. Hernandez| 0 Comment| 3:02 pm

The Americans with Disabilities Act of 1990, as well as the many laws associated with it, was signed as a way to provide protection to individuals who were constantly the victims of discrimination. This act, as well as the laws under it, put a stop to this problem. While it places focus on every aspect of the disabled person’s life, specific emphasis was placed on employees with disabilities and their mistreatment in the workplace. Law offices like www.parmelelawfirm.com, for example, are well versed in these laws and can answer any questions businesses have regarding these matters.

How Can Businesses Can Be Proactive?

Business owners and managers must be aware of disability laws to make sure they are being followed and adhered to within their workplace. Educational institutions, government institutes, and private business are all bound by these laws no matter how many people are employed. However, the rest of the businesses must have at least fifteen people or more on their payroll in order to be bound by these laws. Businesses must make some accommodations to help the employee perform their job duties, but it should not put undue stress on how the day-to-day operations run. For example, the business should not experience any unnecessary hardships as a result of this new hire.

What Are the Basics of the Law?

The basics of the law state that, if a disabled person is qualified to perform the tasks associated with the job, the business does not have the right not to hire them for that specific position. Doing so is a form of discrimination under The Americans with Disabilities Act. Furthermore, if this person must not be hindered from performing the duties associated with the position they were hired for based upon the fact that they are disabled. This is another form of discrimination that is not tolerated under the 1990 act. If termination occurs based upon their disability, then the business is also discriminating against this person.

Provisions Does Not Mean Special Treatment

The Americans with Disabilities Act of 1990 does not mean the employee requires special treatment or does not fall victim to standard company downsizing. For example, if the employee is not performing up to par or meeting expectations alongside other employees who are not performing well on evaluations, they must be held accountable in the same way. As with company downsizing, businesses are not expected to keep a person on the payroll just because they are disabled. If the company is required to cut an entire department and some of those people on the payroll are disabled, then that is what must occur. For those businesses that are truly concerned about these matters, they should get in touch with law firms like www.parmelelawfirm.com with their questions.