Bankruptcy Facts

Bankruptcy Facts

How Do I File For Bankruptcy In Texas A significant number of people who could benefit from filing for bankruptcy often don’t file because of certain misconceptions. Most of these misconceptions are promoted aggressively by creditors because creditors want debtors to pay the full amount they owe. Contact an experienced bankruptcy lawyer to help you determine whether filing for bankruptcy is the right option for your particular situation. You Can Get Credit After Filing For Bankruptcy Despite the fact that your bankruptcy can stay on your credit report for 7 to 10 years, your credit score is likely to rebound a few months after your bankruptcy is concluded. In fact, you may start receiving credit card offers just weeks after your debt has been discharged. Granted interest rates for the loans may be higher but you can still get credit. It means you don’t have to wait 7 to 10 years to finally be able to purchase a home and vehicle. You Can File For Bankruptcy By Yourself If You Are Married The idea that you and your spouse both have to file for bankruptcy is a myth, because it assumes that you and your spouse share liability for a debt. The spouse with a significant amount of debt solely in their name can file for bankruptcy alone. But if both spouses have joint debts together such as credit cards, mortgages, and or loans, then filing jointly is appropriate. You can eliminate or restructure your joint debts through bankruptcy. Most People Who File For Bankruptcy Are Not Irresponsible Or Criminals Most people who file for bankruptcy are normal people that have found themselves in financial problems because of circumstances that are beyond their control. They are mostly good people that have lost their jobs, or have incurred significant medical bills because of an injury or illness, or other reasons. For such people bankruptcy is a way to eliminate their debts and get a fresh start. Talk to an experienced bankruptcy lawyer if you are in desperate need of relief. It Is Easier To File For Bankruptcy Now Than In The Past You can file for bankruptcy electronically. All you need to do is provide your lawyer with the following: A completed intake form Values of your property Tax returns for 2 years Paystubs for 6 months A complete list of your debts The trustee assigned to your case after you file may need more documents but your lawyer can help you retrieve them. You Can File For Bankruptcy More Than Once It is not unusual for people to experience a financial rut more than once in their lifetime. Under Chapter 7 bankruptcy you can receive a discharge once every 8 years and Chapter 13 you can receive a discharge every 2 years. But you have to wait 6 years to file a Chapter 13 bankruptcy if you obtained a discharge under Chapter 7 bankruptcy. Those who obtain a discharge under a Chapter 13 bankruptcy have to wait 4 years before

Probate In Texas Small Estate

Probate In Texas Small Estate

Texas Probate Procedures For people with very little probate assets such as a modest home and a small checking and savings account die without a Will, going through probate can be a waste of time and money. An easier way is for the heirs to process Small Estate Affidavit with the help of an experienced Small Estate Affidavit lawyer. Probate is a process that involves a probate court distributing an estate to the proper heirs. See also…probate attorney Austin, Tx. Requirements To Qualify For Small Estate Affidavit You can use a Small Estate Affidavit if the decedent died without a Will and it has been 30 days since the decedent died. Another requirement is that no other person must have applied for appointment as personal representative of the estate. The probate estate should not have a value of more than $75,000 (exempt property not included). In addition, the estate’s total non-exempt assets must exceed the total known debts of the estate (debts secured by homestead and exempt property are not included). Exempt property includes the homestead used by the surviving spouse and children of the decedent. It also includes up to $100,000 ($50,000 for a single adult) worth of property  that is used by the surviving spouse, minor children, incapacitated adult children, and unmarried children still living at home. Examples of exempt property include a limited amount of jewellery, clothes, and home furnishings.  Visit Austin, Texas Probate Attorney Other Requirements Even if the estate qualifies for a Small Estate Affidavit, the affidavit must have a detailed list of all the decedent’s property including the community property. The person filing must also include a list of all the debts owed by the estate including the debt owed to the lawyer that prepared the affidavit.  Other things that should be included in the affidavit are: Statement clarifying whether or not the decedent received Medicaid A list of the decedent’s marital history and a breakdown of how much of the estate each heir is entitled to All surviving heirs must swear to the affidavit in front of a notary public Two disinterested witnesses or witnesses that are not beneficiaries of the estate must swear to the affidavit The affidavit must be filed in a county with jurisdiction under the Texas Estates Code Find Probate Lawyers Nearby Law Firm on The State Bar Of Texas Probate Lawyers On Facebook Lawyers on Yelp Probate Attorneys Blog Feed Creating A Living Trust To Avoid Probate You can help your heirs or beneficiaries avoid the probate process by making a living trust.  You can make a living trust for bank accounts, real estate, vehicles and virtually any real estate you own. All you need to do is create a trust document and then name someone to take over as trustee after your death. After you transfer all ownership of your property to yourself as trustee of the trust, the property will be controlled by the terms of the trust. The successor trustee will then distribute your

Can An Adopted Child Inherit From Biological Parents In Texas

Can An Adopted Child Inherit From Biological Parents In Texas

Adopted Child Inheritance Law The law makes it clear that an adopted child can inherit from and through the child’s natural parent or parents. Even in a situation where the parent child relationship is terminated, the child still has the right to inherit from or through the natural parent(s) unless a court prevents the child from inheriting. But since adoption records are sealed by law in Texas, it is difficult for adopted children to obtain the identity of their natural parents. That means they can only benefit from their inheritance rights if they can determine the identity of their birth parent or parents. What If The Natural Parents Have Testamentary Wills? Since adoptive or natural parents are not required to leave any property to their children, the child cannot claim a right to inheritance if the parent does not include them in their Will. All the assets and property in the Will can only go to the beneficiaries that have been listed in the Will. But if the natural parents or parent died without a Will, then the adoptive child has a right to inherit. So to avoid such a situation, you need to talk to an experienced estate planning lawyer to help you.  Get In Touch With Hailey-Petty Law Firm, PLLC When There Is No Will If a person dies without a Will, their children will inherit the “intestate” share of the estate.  That means that the decedent’s property will be divided according to state laws. The probate court will appoint an administrator whose duties will include compiling any assets of the deceased, and identifying all the legal heirs of the deceased. Legal heirs include surviving spouses, children, parents, and even siblings.  Disputes arise when a biological child that was adopted by another family shows up.  Since every child has the right to inherit from biological parents, the child that was adopted by another family will also be added to the list of beneficiaries by the administrator. However, the child will have to prove that they are indeed the biological child of the deceased. Most adopted children hire experienced probate lawyers to help them file documents that establish their inheritance rights. Find Estate Planning Lawyers Nearby Law Firm on Justia Estate Planning Lawyers On Twitter Lawyers On Yelp Drafting A Will In Texas Drafting a Will is all about protecting your family and your property. You can also use a Will to leave property to people or organizations, or name a guardian to take care of your children. The following are some of the requirements for making a formal attested Will: The Will must be in writing You must name an executor to manage your estate in the Will You must sign your Will in front of two witnesses Two witnesses must sign your Will in front of you Formal attested Wills are usually typed and often have a self-proving affidavit attached.  A self-proving affidavit makes it easier to prove a Will. Without the self-proving affidavit the witnesses

Residuary Clause Example

Residuary Clause Example

Residuary Clause In Will If you want all of your worldly possessions transferred to your spouse upon your death and then to your children when both you and your spouse have died, a residuary clause may help you achieve your goals. A residuary clause is important in most situations because it helps dispose of the property that have not been disposed of by other provisions. You need an experienced estate planning attorney to advise you on adding a residuary clause to your Will. Residue And Residuary Clause “Residue” is a legal term that stands for everything that is left of the estate after payment of funeral fees, taxes, debts, executor’s fees, other estate administration expenses, and after all specific gifts and bequests have been made and all claims of the estate are satisfied. The residuary clause identifies the person or persons that will inherit any residue.  In most situations, the residue of a testator’s estate passes to their spouse in case no specific gifts have been made in the Will. The following is an example of a residuary clause: “I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to …”  Call Hailey-Petty Law Firm, PLLC How People Use A Residuary Clause A residuary clause can prove useful in a situation where a beneficiary who was supposed to inherit part of the testator’s property as recorded in the testator’s Will, dies before the testator.  You need to specify at least one residuary beneficiary in a situation where the original beneficiary dies before the testator. Another situation where a residuary clause could prove useful is when a testator acquires new property after drafting a Will. That property will pass to residuary beneficiaries after the testator dies. Find Estate Planning Lawyer Nearby Law Firm On Google Estate Planning Lawyers On Facebook Lawyers On AVVO Problems With Wills That Only Have Specific Gifts The problem with Wills that only include specific gifts is that they often leave out property the testator acquires after the Will is signed. Another thing is that they do offer any alternative beneficiary in a situation where a beneficiary dies before the testator. Non-probate assets can also end up reverting to the probate estate if no beneficiary is identified on the insurance policy. What this means is that your property may end up in the hands of people you may have omitted from your Will. Naming Beneficiaries And Inheritors In Your Will You need to decide how the assets will be distributed if you have multiple beneficiaries in your Will. Some testators distribute assets equally among beneficiaries while others choose the unequal method of distribution. You can also distribute by stipulating that a certain asset should pass to a certain individual after your death. Another common method

What Is A Class Action Lawsuit?

What Is A Class Action Lawsuit?

Darrell Castle & Associates – YouTube Channel Published on May 31, 2011  In this video, Memphis personal injury attorney Darrell Castle explains class action lawsuits and how they can be used. Learn more about class action lawsuits, including how they might or might not be the best option for your personal injury case. Visit Mr. Castle Online at…http://darrellcastle.com Please keep in mind that Nothing on this web site is intended to create an attorney client relationship. Such a relationship can only be created through personal contact and a signed attorney/client retainer agreement with the attorneys of the Law Firm of Darrell L. Castle and Associates.

Why Choose The Pearce Law Firm

Why Choose The Pearce Law Firm

Call (215) 557-8686 to speak to an attorney in Philadelphia. The Pearce Law Firm helps clients with several legal matters including personal injury, and employment issues. TRENDING TOPICS IN MASS INJURY LAW | Hit & Run Lawyers | Auto Accident Attorneys | Florida Bankruptcy Filings | Accidents Happen | Lawyers Happen Never face the U.S. Civil “Justice” $ystem alone. The best personal injury lawyer can make certain that you are not cheated out of the legal and JUST compensation that you deserve. When a big business or negligent actor makes you injured…well you deserve to be compensated for those injuries. You now have medical bills to pay (maybe even decades or recurring medical bills), possibly even funeral expenses, perhaps a completely new car or at home accommodations to account for your new disability. All of this (newfound frustration) can be minimized by hiring a competent, aggressive, and experienced lawyer. Get an attorney and get help. You, and your family deserve the best. That’s why we suggest consulting with a personal injury lawyer anytime you are injured by someone’s negligent act.

Dallas DWI Lawyer That Wins

Dallas DWI Lawyer That Wins

Dallas DWI Lawyer helps if you got a DWI or DUI in Dallas Texas Dallas DWI Lawyer | Call Today If you have been arrested in Dallas on a charge of driving while intoxicated or accused of driving while your license was revoked. You need a trusted, experienced a Dallas DWI lawyer that wins who is familiar with the law and the court process in your jurisdiction. We are in trial daily. Contact us today to learn how we can help protect your rights in a free initial consultation. Dallas DWI Lawyer | DUI Lawyers Dallas Texas Driving with a suspended license and driving while intoxicated (DWI) are very serious charges. We have an extensive track record of successful outcomes on behalf of clients accused of driving while their license was suspended and DWI. Unlike a traffic ticket, individuals accused of this violation risk jail and must post bond. It is critical to hire a lawyer if you are facing these charges. Contact our Dallas, TX law firm today to discuss your legal rights and options with a knowledgeable, responsive, and assertive client advocate. To be convicted of driving while with a suspended license, the state must show that the driver knew that their license was suspended. We are often able to get our clients’ cases dismissed on these grounds, or reduced to a Class C misdemeanor violation, because the state cannot prove its case. We work diligently to get our clients’ the best possible outcome in their cases, and we develop each case according to the client’s individual situation. We advocate first for dismissal, then in trial for a not-guilty verdict if appropriate, and exhaust all options to minimize the penalties for our clients. We are frequently able to work out a schedule for probation in order to keep our clients out of jail. But clients found guilty of drunk driving cannot receive deferred adjudication. We will do our best for you based on the facts and legal circumstances of your case. If you have been arrested on a charge of driving while intoxicated or accused of driving while your license was revoked, you need a trusted, experienced Dallas DWI lawyer who is familiar with the law and the court process in your jurisdiction. We are in trial daily. Mr. Gregg is a highly skilled and respected trial lawyer. Contact us today to learn how we can help protect your rights in a free initial consultation. Dallas DWI Lawyer Dallas, TX Criminal Lawyer Reviews DUI Lawyer Blog  

Should We Legalize All Drugs In America?

Should We Legalize All Drugs In America?

The Harvard economist explains why legalizing all drugs—including cocaine, heroin, and methamphetamine—would be a better policy than the current prohibition. Question: Why should we legalize all drugs? Jeffrey Miron: My dangerous idea is that we should legalize all of the currently illegal drugs.  Not just marijuana but cocaine, heroin, methamphetamine, LSD… everything else that’s out there. My basic argument is that, first, in a free society we should allow people to consume whatever they want—no matter how dangerous, no matter how much it might be bad for them—because that’s what freedom means but not just the freedom to do things that are good for you but the freedom to do things that might not be good for you. Or that other people might think are not good for you.  Second, by trying to discourage people using drugs and trying to discourage the genuine unfortunate circumstances of which happens sometimes because of drug use, we incur far worse negative outcomes, far worse costs, than the results simply from the use of drugs in a legal framework.So what are these adverse consequences of attempting to prohibit drugs?  Well to begin with, we don’t actually eliminate drugs, we drive the market underground. And the underground market for drugs is violent, it’s corrupt, it has poor quality control, in the attempt to enforce it we have to infringe civil liberties by basically shredding the 4th Amendment to the Constitution.  We reduce the ability of people who are sick to use drugs like marijuana or opiates freely to reduce pain, to relieve nausea from chemotherapy, and a whole range of other symptoms.We interfere in other countries.  The violence that we observe in Mexico, the profitability underlying the Taliban in Afghanistan.  All those result form the fact that we’ve driven drug markets underground, and so terrorist groups make a profit by selling their protection services to the drug traffickers, the drug traffickers get the protection and the terrorists get profits.  So that’s another ancillary cost of trying to wage the war on drugs. So my view is that if we had a fully legal market for all of these substances we would observe roughly the same set of things we observe now for alcohol, for caffeine, for tobacco, for other products which can be dangerous.  We would see a large fraction of people use them in moderation, use them reasonably responsible, with at most mild negatives for themselves or for others.  We would see a small fraction who would misuse them in bad ways but mainly they would adversely affect themselves, not the rest of society. And that’s a far better balance—in no way shape or form a solution in a sense of eliminating all negatives—but a far better balance than the current policy of trying to prohibit drugs. Question: What policies should be implemented alongside legalization? Jeffrey Miron: Well, people differ on exactly what auxiliary policies they might suggest under a legalized drug regime. Virtually everyone thinks that we would have approximately the same auxiliary