Knowing the type of bankruptcy that’s best for you

Feb 18

Filing for bankruptcy has never been quite appealing for most people. Some are hesitant to file for bankruptcy because of the stigma it may possibly bring. However, bankruptcy can be your best option in getting back on track. Furthermore, filing for bankruptcy can be your only way in securing your assets while trying to rebuild your finances.

According to the website of Hong Law, PLC, bankruptcy could be your way to re-establish your life and obtain financial freedom. Depending on your circumstances, there are different types of bankruptcy filings that would best suit your needs. We can group bankruptcy types into two: personal and business.

Personal bankruptcy

When you file for a personal type of bankruptcy, you are trying to deal with debts that affect you or your family. It can be student loans, credit card debts, car payments, home mortgages, and other personal debts. Personal bankruptcy offers two reliefs that you may choose from:

  • Chapter 7 – The main objective of a Chapter 7 bankruptcy filing is to discharge or wipe-out unsecured debts, such credit card and personal loans. Chapter 7 is perfect for those with no stable source of income, or for those with a monthly income that’s within or below the median
  • Chapter 13 – Individuals with a stable source of income and with assets higher than the median may benefit more from Chapter 13 than from Chapter 7 filing. Chapter 13 offers wider range of protection than Chapter 7, and can protect the applicant from wage garnishment, foreclosure, and repossession.

Business bankruptcy

Businesses that are experiencing great financial hardships may benefit the most from business bankruptcy. There are three different business bankruptcy options: Chapter 7, Chapter 11, and Chapter 12.

  • Chapter 7 – This type of filing is effective in discharging or eliminating small business debts.
  • Chapter 11 – Chapter 11 bankruptcy filing may help large companies and businesses who are operating in the red to reconstruct their finances while doing business as usual.
  • Chapter 12 – Chapter 12 bankruptcy is particularly designed for family fishermen and family farmers to re-establish their finances. This is pretty much like Chapter 13 bankruptcy, but with additional benefits that are tailor-fitted for those engaged in farming and fishing operations.
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Do I have the right to sue if I was bitten by a dog?

Feb 17

Dog attacks and dog bites have been associated with numerous emergency department visits and hospital stays in different states across U.S. In severe circumstances, dog attacks have also been responsible to a number of deaths in the country. According to the website of Habush Habush & Rottier S.C. ®, more than half of dog bite incidents in the country involve children, although anyone could be vulnerable to dog attacks.

Hospitalization and emergency department visits could be too costly for someone who’s been bitten by a dog. Furthermore, a person injured by a dog might even need to take several days off work, resulting in lost wages and productivity. In cases wherein a victim has been seriously and irreversibly harm, he may find it more difficult to perform the tasks he can previously perform with ease. Ultimately, injuries from dog attack may even affect your capacity to earn a living.

Being attacked by a dog can be emotionally traumatic, too. Some individuals may even develop post-traumatic stress disorder (PTSD) after being bitten by a dog. Unfortunately, people living with PTSD may find it hard to get back on track without treatment and professional guidance.

These and more could be grounds of legal action against the dog owner involved. However, you should note that dog owners are not always responsible for the damages brought about by an animal attack. Dog owners won’t be liable for a dog attack if:

  • The person is trying commit a crime
  • The person is a trespasser, which means s/he is not allowed to enter the premises
  • The person is proven to hurt or attack the dog, or provoke the dog to do such action
  • The person is a practicing veterinarian or a dog professional
  • The person was bitten by a military or police dog while in duty

When attacked by a dog, it is important to seek professional guidance to know if you are eligible to claim compensation, and what legal option would best suit you.

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The dangers of texting while driving

Feb 15

Thousands of accidents that happen in U.S. roads each year have been associated with distracted driving. In fact, according to the National Highway Traffic Safety Administration (NHTSA), 3,328 people have been killed in accidents involving distracted driving in 2012, while an additional 421,000 people have suffered from injuries due to accidents involving a distracted driver.

According to the website of Habush Habush & Rottier S.C. ®, car-related accidents caused by a distracted driver can wreak havoc on the victims’ lives. Car crashes may not only cause irreversible injuries, it may ultimately result in deaths. And texting while driving is considered among the top culprits that notoriously take the lives of many American motorists and passengers on the road.

Texting is considered a complete driving distraction, as it takes all your attention away from the road and into texting. Here is how texting can profoundly impact your focus in driving:

Texting is a visual distraction

Texting requires you to see the screen of your mobile to obtain and send information. Unfortunately, taking your eyes off the road even just for split seconds may trigger life-changing accidents. Also, the visual distraction brought about by texting makes you less vigilant of road hazards, making youyou’re your occupants more prone to crashes.

Texting is a manual distraction

When driving, it is important that both your hands are on the wheel to ensure complete control. However, because texting requires you to take one of your hands off the wheel, you are reducing your control of the car, making you more prone to road-related accidents. Texting while driving can be especially dangerous for those whose car is in manual transmission, as it can cause you to lose control of both the wheel and the gear.

Texting is a cognitive distraction

Reading SMS or responding to one can make you think of something else other than driving. Unfortunately, a driver whose focus is not on driving could endanger his own life, the lives of his occupants, and the lives of anyone sharing the road with him.

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Divorce and credit card debts: Can they go together?

Feb 14

While some couples believe that the only option out of a dysfunctional marriage is a divorce, a few of them are quite hesitant in filing their legal papers because of one thing: credit card debt. Some are apprehensive that when they get divorced, they could bear sole liability of the debt, or at least be ordered to pay larger sums. But according to the lawyers of Holmes, Diggs, Eames & Sadler, proper legal guidance is all what it takes to file for divorce even if in debt.

First, it is important to note that most financial planners would advise that you get out of joint credit card debt first before ending your marriage. This can be done by dividing the debt and paying it off completely, or transferring it to your individual cards. However, for some, these options are not always available.

In the U.S., there are two systems in classifying marital properties and liabilities. Most states implement common law rules, wherein a married person solely owns the property s/he acquired, unless s/he expressly stated that his/her spouse would hold the property jointly. This same legal principle rules for credit card debts: if a married couple acquired credit card debt under his/her name, s/he will be the one to pay for it.

The scenario is different when you are living in a state where community property rules are implemented. In a community property state, any property acquired by married couples during their marriage is considered communal, and should be owned jointly by both. This principle can also be applied to credit card debt, which means any credit card debt incurred by either couple during their marriage are considered shared, and should be paid jointly. However, there is also a possibility that you will not be responsible for a debt incurred by your spouse that did not benefit your marriage in any way.

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Avoiding motorcycle crashes

Feb 13

Every year, thousands of people are being injured due to motorcycle-related crashes. According to the website of Green Bay personal injury lawyers at Habush Habush & Rottier S.C.®, incidents involving motorcycles could be a result of almost anything: poor road condition, DUI, reckless and distracted driving, defective motorcycle components, among many others.

In most cases, drivers could get involved in a motorcycle-related incident if he is still developing awareness of the risks associated with these two-wheeled vehicles. So, it is important for motorcycle drivers to recognize risks that could trigger injurious, sometimes deadly, motorcycle crashes:

A vehicle switches lane into you

When on the road, some car drivers are ‘programmed’ to watch out for and react to cars, but not to motorcycles, possibly because motorcycles are smaller and are harder to notice. There are instances when a car veers towards your lane without you being noticed. To avoid rear hitting the car in front of you, always maintain safe distance. That way, you are allowing yourself enough time to react when such scenarios happen.

A vehicle turn left towards you in an intersection

Again, because motorcycles are more difficult to notice, drivers turning left in an intersection may fail to see you or may misjudge your distance and speed. When entering into an intersection, remember to slow down by covering your brakes slowly. You should also be aware of any signs that could indicate that a car is turning in front of you. Signal lights are the best way to determine what direction the car will take in its turn. Also, a gap between the car and the center gutter might indicate that it is preparing for a left turn.

Road obstruction in a blind corner

Some motorcycle-related accidents are triggered by road obstructions ahead of a blind corner. Because of too much speed, it can be too late for motorcycle drivers not to hit the obstruction after rounding a corner. To avoid this situation, always enter a curve slowly, so as to give yourself enough time to react to road obstructions.

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