Foreclosures are the biggest reason that most people choose Chapter 13 bankruptcy rather than the more attractive Chapter 7. With Chapter 13, homeowners who face foreclosure proceedings can halt the legal actions by choosing this bankruptcy option.

A court appointed bankruptcy trustee will act on the behalf of the homeowner to make provisions with the mortgage company. The homeowner is then allowed to make their monthly mortgage payments with an extra amount each month until they have caught up on their delinquent payments.

Another thing that Chapter 13 bankruptcy affords to debtors is the opportunity to repay secured debts over a period. Oftentimes, the payment plans reduce the amount of the monthly payment that the debtor was paying. While Chapter 7 is the most popular option in bankruptcy, many people choose Chapter 13 because they feel a moral obligation to repay their debts.

This type of bankruptcy gives them the help that they need to negotiate with their creditors. It also provides some “wiggle room” for repaying debts with a timely schedule. Psychologically, this form of bankruptcy is less detrimental to people’s self-images because they have fulfilled their financial obligations rather than simply having them completely discharged.

Chapter 13 bankruptcy is similar to entering into a debt consolidation loan, which is often an option many people exhaust before having their debts discharged by courts. Both instances involve the debtor giving the monthly payment to an appointed trustee. The trustee then relegates the payments to the creditors according to the agreement.

For purposes of getting a mortgage, many companies view both of these equally. In other words, a debt consolidation loan is the same thing as filing for Chapter 13 bankruptcy in the eyes of many mortgage companies. One advantage of these options is that the debtor does not need to have direct contact with the creditors who can have a significant negative impact on a person’s self-esteem.

Many debtors might choose to file under Chapter 13 bankruptcy because they have loans that required co-signers. With this type of bankruptcy, the third parties are protected from the creditors. This means that the creditors can no longer pursue either party in an attempt to collect the debt. They must deal with the trustee that the court appointed to the particular case if they have any questions or concerns.

Bankruptcy was designed to offer consumers a fresh start after getting into a tough financial situation. Some people, however, prefer to repay their debts due to financial reasons or moral obligations. For these people, the courts offer Chapter 13 bankruptcy as a viable option.

Not only does it require the creditors to stop contacting the debtor, it also protects homes from foreclosures and third parties from legal recourse. Chapter 13 has several advantages for those who are trying to honestly fulfill their obligations.

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.

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.

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, 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.

Lawyer: “Now, Mrs. Johnson, how was your first marriage terminated?”
Witness: “By death.”
Lawyer: “And by whose death was it terminated?”

Accused, Defending His Own Case: “Did you get a good look at my face when I took your purse?” The defendant was found guilty and sentenced to ten years in jail.
Lawyer: “What is your date of birth?”
Witness: “July 15th.”
Lawyer: “What year?”
Witness: “Every year.”

Lawyer: “Can you tell us what was stolen from your house?”
Witness: “There was a rifle that belonged to my father that was stolen from the hall closet.”
Lawyer: “Can you identify the rifle?”
Witness: “Yes. There was something written on the side of it.”
Lawyer: “And what did the writing say?”
Witness: “‘Winchester’!”

Lawyer: “What gear were you in at the moment of the impact?”
Witness: “Gucci sweats and Reeboks.”

Lawyer: “Can you describe what the person who attacked you looked like?”
Witness: “No. He was wearing a mask.”
Lawyer: “What was he wearing under the mask?”
Witness: “Er…his face.”

Lawyer: “This myasthenia gravis — does it affect your memory at all?”
Witness: “Yes.”
Lawyer: “And in what ways does it affect your memory?”
Witness: “I forget.”
Lawyer: “You forget. Can you give us an example of something that you’ve forgotten?”

Lawyer: “How old is your son, the one living with you?”
Witness: “Thirty-eight or thirty-five, I can’t remember which.”
Lawyer: “How long has he lived with you?”
Witness: “Forty-five years.”

Lawyer: “What was the first thing your husband said to you when he woke that morning?”
Witness: “He said, ‘Where am I, Cathy?’”
Lawyer: “And why did that upset you?”
Witness: “My name is Susan.”

Lawyer: “Sir, what is your IQ?”
Witness: “Well, I can see pretty well, I think.”

Lawyer: “Did you blow your horn or anything?”
Witness: “After the accident?”
Lawyer: “Before the accident.”
Witness: “Sure, I played for ten years. I even went to school for it.”

Lawyer: “Trooper, when you stopped the defendant, were your red and blue lights flashing?”
Witness: “Yes.”
Lawyer: “Did the defendant say anything when she got out of her car?”
Witness: “Yes, sir.”
Lawyer: “What did she say?”
Witness: “‘What disco am I at?’”

Lawyer: “Doctor, before you performed the autopsy, did you check for a pulse?”
Witness: “No.”
Lawyer: “Did you check for blood pressure?”
Witness: “No.”
Lawyer: “Did you check for breathing?”
Witness: “No.”
Lawyer: “So, then it is possible that the patient was alive when you began the autopsy?”
Witness: “No.”
Lawyer: “How can you be so sure, Doctor?”
Witness: “Because his brain was sitting on my desk in a jar.”
Lawyer: “But could the patient have still been alive nevertheless?”
Witness: “Yes, it is possible that he could have been alive and practicing law somewhere.”

Lawyer: “How far apart were the vehicles at the time of the collision?”

Lawyer: “And you check your radar unit frequently?”
Officer: “Yes, I do.”
Lawyer: “And was your radar unit functioning correctly at the time you had the plaintiff on radar?”
Officer: “Yes, it was malfunctioning correctly.”

Lawyer: “What happened then?”
Witness: “He told me, he says, ‘I have to kill you because you can identify me.’”
Lawyer: “Did he kill you?”
Witness: “No.”

Lawyer: “Now sir, I’m sure you are an intelligent and honest man–”
Witness: “Thank you. If I weren’t under oath, I’d return the compliment.”

Lawyer: “You were there until the time you left, is that true?”

Lawyer: “So you were gone until you returned?”

Lawyer: “The youngest son, the 20 year old, how old is he?”

Lawyer: “Were you alone or by yourself?”

Lawyer: “How long have you been a French Canadian?”

Witness: “He was about medium height and had a beard.”
Lawyer: “Was this a male or a female?”

Lawyer: “Mr. Slatery, you went on a rather elaborate honeymoon, didn’t you?”
Witness: “I went to Europe, sir.”
Lawyer: “And you took your new wife?”

Lawyer: “I show you Exhibit 3 and ask you if you recognize that picture.”
Witness: “That’s me.”
Lawyer: “Were you present when that picture was taken?”

Lawyer: “Were you present in court this morning when you were sworn in?”

Lawyer: “Do you know how far pregnant you are now?”
Witness: “I’ll be three months on November 8.”
Lawyer: “Apparently, then, the date of conception was August 8?”
Witness: “Yes.”
Lawyer: “What were you doing at that time?”

Lawyer: “How many times have you committed suicide?”
Witness: “Four times.”

Lawyer: “Do you have any children or anything of that kind?”

Lawyer: “She had three children, right?”
Witness: “Yes.”
Lawyer: “How many were boys?”
Witness: “None.”
Lawyer: “Were there girls?”

Lawyer: “You don’t know what it was, and you didn’t know what it looked like, but can you describe it?”

Lawyer: “You say that the stairs went down to the basement?”
Witness: “Yes.”
Lawyer: “And these stairs, did they go up also?”

Lawyer: “Have you lived in this town all your life?”
Witness: “Not yet.”

Lawyer: (realizing he was on the verge of asking a stupid question) “Your Honor, I’d like to strike the next question.”

Lawyer: “Do you recall approximately the time that you examined the body of Mr. Eddington at the Rose Chapel?”
Witness: “It was in the evening. The autopsy started about 8:30pm.”
Lawyer: “And Mr. Eddington was dead at the time, is that correct?”

Lawyer: “What is your brother-in-law’s name?”
Witness: “Borofkin.”
Lawyer: “What’s his first name?”
Witness: “I can’t remember.”
Lawyer: “He’s been your brother-in-law for years, and you can’t remember his first name?”
Witness: “No. I tell you, I’m too excited.” (rising and pointing to his brother-in-law) “Nathan, for heaven’s sake, tell them your first name!”

Lawyer: “Did you ever stay all night with this man in New York?”
Witness: “I refuse to answer that question.
Lawyer: “Did you ever stay all night with this man in Chicago?”
Witness: “I refuse to answer that question.
Lawyer: “Did you ever stay all night with this man in Miami?”
Witness: “No.”

Lawyer: “Doctor, did you say he was shot in the woods?”
Witness: “No, I said he was shot in the lumbar region.”

Lawyer: “What is your marital status?”
Witness: “Fair.”

Lawyer: “Are you married?”
Witness: “No, I’m divorced.”
Lawyer: “And what did your husband do before you divorced him?”
Witness: “A lot of things I didn’t know about.”

Lawyer: “And who is this person you are speaking of?”
Witness: “My ex-widow said it.

Lawyer: “How did you happen to go to Dr. Cherney?”
Witness: “Well, a gal down the road had had several of her children by Dr. Cherney and said he was really good.”

Lawyer: “Doctor, how many autopsies have you performed on dead people?”
Witness: “All my autopsies have been performed on dead people.”

Lawyer: “Were you acquainted with the deceased?”
Witness: “Yes sir.”
Lawyer: “Before or after he died?”

Lawyer: “Mrs. Jones, is your appearance this morning pursuant to a deposition notice which I sent to your attorney?”
Witness: “No. This is how I dress when I go to work.”

The Court: “Now, as we begin, I must ask you to banish all present information and prejudice from your minds, if you have any.”

Lawyer: “Did he pick the dog up by the ears?”
Witness: “No.”
Lawyer: “What was he doing with the dog’s ears?”
Witness: “Picking them up in the air.”
Lawyer: “Where was the dog at this time?”
Witness: “Attached to the ears.”

Lawyer: “When he went, had you gone and had she, if she wanted to and were able, for the time being excluding all the restraints on her not to go, gone also, would he have brought you, meaning you and she, with him to the station?”
Other Lawyer: “Objection. That question should be taken out and shot.”

Lawyer: “And lastly, Gary, all your responses must be oral. Ok? What school do you go to?”
Witness: “Oral.”
Lawyer: “How old are you?”
Witness: “Oral.”

Lawyer: “What is your relationship with the plaintiff?”
Witness: “She is my daughter.”
Lawyer: “Was she your daughter on February 13, 1979?”

Lawyer: “Now, you have investigated other murders, have you not, where there was a victim?”

Lawyer: “Now, doctor, isn’t it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn’t know anything about it until the next morning?”

Lawyer: “And what did he do then?”
Witness: “He came home, and next morning he was dead.”
Lawyer: “So when he woke up the next morning he was dead?”

Lawyer: “Did you tell your lawyer that your husband had offered you indignities?”
Witness: “He didn’t offer me nothing. He just said I could have the furniture.”

Lawyer: “So, after the anesthesia, when you came out of it, what did you observe with respect to your scalp?”
Witness: “I didn’t see my scalp the whole time I was in the hospital.”
Lawyer: “It was covered?”
Witness: “Yes, bandaged.”
Lawyer: “Then, later on…what did you see?”
Witness: “I had a skin graft. My whole buttocks and leg were removed and put on top of my head.”

Lawyer: “Could you see him from where you were standing?”
Witness: “I could see his head.”
Lawyer: “And where was his head?”
Witness: “Just above his shoulders.”

Lawyer: “Do you drink when you’re on duty?”
Witness: “I don’t drink when I’m on duty, unless I come on duty drunk.”

Lawyer: “Any suggestions as to what prevented this from being a murder trial instead of an attempted murder trial?”
Witness: “The victim lived.”

Lawyer: “The truth of the matter is that you were not an unbiased, objective witness, isn’t it? You too were shot in the fracas.”
Witness: “No, sir. I was shot midway between the fracas and the naval.”

Lawyer: “Officer, what led you to believe the defendant was under the influence?”
Witness: “Because he was argumentary, and he couldn’t pronunciate his words.”

Everybody has blind spots.

You have certain tendencies that you are not aware of but others
can see. These are your blind spots, and they often cause big
problems.

You may not want to accept that your life style is responsible
for your high cholesterol and that you are courting a heart
attack. You may not want to know that your defensiveness cost you
a promotion.

Over two hundred years ago, Scottish poet Robert Burns (Kinsley,
1968) wrote:

“Oh wad some power the giftie gie us
To see oursel’s as others see us!”

It can be a real challenge to try to see yourself as others see
you. Sometimes you actually can do so, by watching yourself on
videotape, or listening to an audiotape. Usually, though, this
information is only available when others are willing to share it
with you.

But, you may have a blind spot about being alerted to your blind
spot!

If you do, you try to turn away any feedback that does not agree
with your own self-assessments. You may be blocking the very
information you need.

However, when you learn to accept any feedback as a gift, you can
use it to fuel your own growth and development.

Sometimes someone wants to give you information about something
you say or do that annoys others. You might even be happy to
change it if you only it existed. But you can’t know unless you
are open to their feedback.

Sometimes the information is extremely important to you, because
something you are doing (or not doing) may keep you from career
advancement or interfere with your important relationships.

Although you may not exactly welcome feedback that brings
uncomfortable information to your attention, you may desperately
need it.

When you accept new information about yourself, you can then take
action and make important changes — changes that can make a
tremendous difference to your success or even to your life.

Excerpted from lesson 11, “The Integrity Course.”
Copyright 2005 Laurie Weiss, Ph.D.

———————————————————————
Learn more about asking questions with grace and skill in
“The Integrity Course,” an online, multimedia course to help
you say what you think without getting fired or losing your
friends. http://www.TheIntegrityCourse.com or email:
feedback@laurieweiss.com
Laurie Weiss, Ph.D. is an internationally-known
executive coach, psychotherapist, and author.