Legal Tips

Although federal bankruptcy law mainly regulates bankruptcies, the individual states can have specific guidelines for the process within their jurisdiction. States can typically choose to have their own rules that govern the types of exemptions that the debtor is allowed to keep after filing for a discharge of their debts.

For instance, some states will allow debtors to keep their homes no matter how expensive or extravagant they are whereas other states will force the liquidation of property as an attempt to pay off the debts. Other variations include the types of debt that a debtor can discharge, although many of these are federally mandated without exception.

Florida bankruptcy law heavily favors debtors in regards to the property that they can retain. In fact, Florida has a reputation for being one of the most liberal states in the country for debtors to petition for a discharge of debts. The state government has elected to opt out of the federal regulations concerning the debtor’s lawfully retainable property.

According to Florida bankruptcy proceedings, you can keep more of your personal property during a bankruptcy than in any other state. As a result, many people who plan to file often move to Florida with their assets in order to take advantage of the state’s lenient bankruptcy law.

To see a contrast in the how the bankruptcy law changes from state to state, look at the exemptions that the Maryland law allows. Maryland is stricter in regard to the debtor’s assets that must be liquidated in a bankruptcy.

For instance, a debtor who files bankruptcy in Maryland is only entitled to keep $500 worth of household goods and furnishings as well as $3,000 of cash in their bank accounts. Also according to Maryland bankruptcy law, debtors can only retain up to $2,500 worth of personal property and the rest must be sold or liquidated so the proceeds can go towards paying the creditors.

Different states have varying guidelines regarding bankruptcy law, but each category has specific regulations, too. In a Chapter 7 bankruptcy, for instance, you can have many of your debts completely discharged so you can get a fresh financial start.

On the other hand, Chapter 13 bankruptcy requires you to enter into a repayment agreement that the courts will oversee and make provisions to help you pay off your creditors in a timely manner. Rules also vary as to how much of your property you are allowed to retain when going through a bankruptcy.

Although federally regulated, bankruptcy law hinges on the guidelines of the individual states and the bankruptcy chapter that the debtor chooses to file. While some states have lenient laws that favor the debtor’s situation, the bankruptcy laws in other states tend to favor the creditor.

Until the recent amendments to the federal bankruptcy code, the federal guidelines favored the debtor, but those times have changed and now it is much more difficult for a debtor to completely discharge their debts. As a result, many people either try to find solutions through loopholes in the system or they deal with the ramifications that filing for bankruptcy will have on their financial future.

If you’ve had some kind of slip and fall accident in Boston, person injury lawyers can certainly help you get the damages you deserve. But these kinds of accidents, whether you’ve slipped in a restaurant, fallen on a damaged sidewalk or taken a tumble down some rickety stairs, can be difficult to prove unless you have solid evidence.

That’s why we’ve put together some information from some of the best Boston personal injury attorneys available that you should keep in mind any time you are injured and know that you may have to try and collect damages or medical expenses from an individual or company. Any time you are injured, keep these steps in mind to help your attorney get the best possible outcome for you.

1. Notify the proper people. Any time you are injured you need to make sure you’ve notified the proper person, whether it is the manager of an establishment or the owner of a house or property. If it is a business, ask them to assist you in filling out an incident report. In most cases they will be willing to do this for their own protection as well as yours. Be sure it includes information on what happened, the conditions that contributed (a wet floor without a sign, loose floorboards, ice, etc.) and what might be wrong with you - but note that you are seeking medical treatment.

2. Seek medical treatment immediately. Every Boston personal injury attorney worth his or her salt will tell you that there are two reasons to go immediately to a medical center, doctor’s office or emergency room. The first and most important is to make sure you haven’t sustained a hidden injury - your health is always the most important issue. Second, the medical records will be essential if you do end up filing a claim because they will indicate the extent of your injuries and their connection to the incident.

3. Get witness information. Obviously if you are seriously injured your first priority should be to get medical attention, but if someone is with you ask them to talk to anyone who saw what happened or who came to your aid. Get their names, addresses and phone numbers. These people will be an invaluable witness to what transpired and will reinforce your case in the event the other party disputes liability.

4. Get photographs. In today’s era of cell phone cameras it’s a simple thing to snap a quick picture of the area where you slipped and fell if it is something the other party can easily remedy (spilled water, etc.). Your Boston personal injury lawyer will tell you that a series (3-5) of photos of the area on a digital camera will be even better if you have a trusted family member who can return quickly to the site for situations like dangerous pavement, etc. that can’t be easily disguised or fixed.

5. Contact an attorney right away. The longer you wait, the hazier your memory (and the memory of witnesses) of the events will be, making a claim more difficult. In Boston, personal injury lawyers often have phone numbers that answer twenty-four hours a day or they will return messages within that time.

In a perfect world, you will never have to file a claim against someone because you are injured. It isn’t a perfect world, and an injury can be costly both financially and emotionally. Be careful, be aware and be sure to get a Boston personal injury attorney to help you get everything you deserve.

About the Author:
Steve Smith is a freelance writer. For instance, if you reside in Boston, you will want to get in touch with a personal injury attorney . You might also consider hiring a lawyer if your case has to go through an appeals process. Again, if you live in Boston, you should be talking to personal injury attorney throughout the claim process.

The number of cases that people are filing in bankruptcy court is at an all-time high. With the average amount of consumer debt in the typical American household growing everyday, there is no end in sight.

People see bankruptcy as a new start for those who lost control of their finances due to one reason or another, but they often have no idea about the process that goes into filing bankruptcy or the long-term repercussions of doing so.

This is where bankruptcy attorneys are helpful. Without the help of bankruptcy lawyers, the entire process could be confusing and intimidating for the average person, so hiring help is highly recommended.

The rules and laws of any given bankruptcy court are governed by federal regulations rather than state regulations. While each state has its own laws regarding the process of filing and undergoing bankruptcy procedures, every state must follow the overall guidelines set forth by the federal government.

Once a person has hired a bankruptcy attorney and filed a petition with the courts to have all debts discharged through a bankruptcy, all creditors listed on the petition must cease any efforts to collect debts. The reason for this is that the bankruptcy court officials then handle the matter. If the proceedings are finalized and the debtors are granted bankruptcy, either their assets are liquidated to pay off creditors or they enter into a repayment plan, depending on which chapter of bankruptcy they are categorized in.

The best thing for a person to do when deciding to file bankruptcy is to seek out a bankruptcy attorney. There are many different laws and regulations involved in the filing process. Bankruptcy lawyers are familiar with specifics of the process and help ensure that the court treats the case fairly.

An attorney will also explain your options to you so you can decide which type of bankruptcy you want to file. In addition, they will typically accompany you to the bankruptcy court on your trial date and advise you throughout the entire process. Many bankruptcy attorneys will also put you on payment plans for their services for people who have no money saved for such an event.

Unfortunately, people often abuse the bankruptcy system by being financially irresponsible. More stories are being reported everyday about people who have filed for bankruptcy two and three times because they have learned nothing from their past mistakes.

Because of this abuse, the idea of bankruptcy has acquired a societal stigma that discourages those who truly need the fresh financial beginning that legitimate bankruptcies can provide. One of the advantages of bankruptcy lawyers is that they will accompany you throughout the process and add a sense of legitimacy to your claim.

Bankruptcy court can be an ordeal that takes a tremendous toll on a person, both emotionally and psychologically. Declaring that you have no money and no other options can negatively affect not only the way people view you, it can also have an impact on your own self-image.

People who are deep in debt often put off filing in bankruptcy court until they are certain that there is no other way out of their financial hole because of their pride or because they have simply exhausted all of their other possibilities.

If you’re a landlord, what risk of liability could you face for “latent defects” (dangerous conditions that are hidden or not obvious)on your property? What about if you’re a tenant?

If you’re a landlord, you can be sued by your tenant injured by a latent defect on the rented premises if you knew about it but didn’t tell him (if you want to sound like a lawyer, the legalese translation here is “fraud by ommission”). Once you’ve told him about it however, then depending on the circumstances you’re not necessarily required to actually fix the condition in order to avoid being sued (sometimes you are, sometimes you’re not - it can get complex).

What if you fail to closely inspect the rental property and tus fail to discover a latent defect? If te tenant is injured by it, are you liable? The short answer is, not in most states, but be careful where you live. The reasoning here is that the tenant is injust as good a position as the landlord to inspect the property.

Then there are the more landlord-friendly states that will allow a landlord who knew of a dangerous condition but failed to inform the tenant to escape liability for the tenant’s injury if the defect could have been discovered by the tenant through a “reasonable” inspection (whatever that is!).

Here’s the scary part - if the landlord fails to inform the tenant of a dangerous condition known to the landlord but not to the tenant, and the tenant’s visitor is injured by it, you can be sued by the visitor just as easily as you can be sued by the tenant. And “visitor” here doesn’t just mean the tenant’s mother-in-law - it could also mean a postman or a pizza delivery driver who falls into a hidden pothole and breaks his leg.

Please keep in mind that the law varies from state to state (in this area in particular) and is subject to interpretation.

DISCLAIMER: The following is intended for reference purposes only and not as legal advice.

About the Author:
Real Estate Law in Plain English explains real estate law without the legalese.