Do I Qualify for Personal Bankruptcy in Detroit?

Bankruptcy advice
Chapter 7, otherwise known as liquidation bankruptcy, is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations, and partnerships. In Chapter 7, a trustee who is appointed by the court gathers and sells your non-exempt property and uses the proceeds from the sale to pay your creditors.

Most chapter 7 cases are no-asset cases. This means that you do not have any non-exempt property for the trustee to sell.

To undergo a personal bankruptcy via Chapter 7 in Detroit, contact the Detroit bankruptcy attorneys for federal bankruptcy laws detail a means test that determines whether you are eligible for Detroit bankruptcy filing. If your income is below the median income for families in Michigan, based on U.S. Census Bureau statistics, you are eligible. If you make more than the median income for families in Michigan, your income over the past six months is considered, along with mortgage and car payments, back taxes and child support due, and school expenses up to $1,650 per year.

If you do not qualify for a Chapter 7 bankruptcy, your only option would be a Chapter 13 bankruptcy.

Steps to filing bankruptcy
For Chapter 7, a bankruptcy starts with the filing of the official petition, schedules, and a statement of financial affairs with the bankruptcy court. You must provide a list of all of your creditors and the amount and type of their claim as well as the source, amount, and the frequency of your income. As part of your Detroit bankruptcy filing, you need a list of all of your property and a list of your monthly living expenses. As soon as you file bankruptcy in Detroit, your creditors are prevented from trying to collect on your debts through what is called an automatic stay.

Seek out bankruptcy help
As part of the bankruptcy process you need to prepare many forms to be filed with local courts in accordance with their rules. You would be wise to contact an attorney for Detroit bankruptcy advice and help. Your lawyer can ensure that you have met all the requirements for filing deadlines and information. Detroit worker comp lawyers can help you with all aspects of bankruptcy.

The History of Business Courts

The history of business courts varies greatly from state to state. Not all states have business courts and many have their own business courts history.

Proposed reason for business courts in California
The Ad Hoc Committee of the California Bar beginning in 1990 piloted a study to determine whether to implement business courts in California. The idea of establishing business courts was for the purpose of handling complex business cases with greater efficiency and less time consuming efforts resulting in faster resolution of complex commercial cases. This study culminated in 1997 based on a recommendation from the Business Court Study Task Force advising against the use business courts. The reason given was a lack of viable support for business courts to succeed. More specifically, in 1993, the California State Board Bar of Governors passed a resolution to block legislation establishing specialized courts for business cases, reasoning that such courts would unjustly favor business interests and draw the best judges and resources away from other types of cases. The Business Lawyer Vol. 60, November 2004.

Complex Civil Litigation Pilot Program
However, efforts continued to devise ways to improve management of California complex business cases. The Bar Judicial Counsel in 2000 established complex case management programs in six California Superior Courts which focused on improving the quality of judicial management so complex cases could be resolved more quickly, costs kept down, and effective decision making could occur.

Out of this program emerged legal clarification that defined complex business cases. Guidelines to determine whether or not a case is complex include:

• The number of pretrial motions
• Number of witnesses
• Separately represented parties
• Coordination necessary between courts in other counties, states, or countries
• Degree of post judgment judicial supervision required

Provisionally complex cases based on the inherent nature of the case, include:

• Antitrust/trade regulation claims
• Construction defect claims
• Securities/investment losses involving many parties
• Environmental/toxic torts involving many parties
• Mass tort claims
• Class actions
• Insurance claims arising out of the above

California Court Rule 1800 determined that, in general, complex cases required exceptional judicial management to avoid placing unnecessary burdens on the courts or litigants.
For more information about how complex business cases are handled in California, speak with an Orange County business lawyer.

Staying Awake Behind the Wheel

Falling asleep while driving can cause injury to you or other drivers. Many semi truck accidents each year are caused by exhausted drivers who simply cannot keep their eyes open. Commercial trucks can be used to transport valuable goods across our nation. However, if you are fatigued, these vehicles can quickly become deadly weapons.

Before even getting behind the wheel, make sure you are awake and alert. If you feel tired, stop at a motel to get some sleep. If you are not near a motel, find a truck stop where you can find some rest in the sleeper berth.

If you begin to feel tired while driving, the following tips may help you avoid an 18 wheeler accident:

Take several deep breaths: By saturating your blood cells with oxygen, you may feel more alert for a short time.

• Keep your window open: If you are driving with your windows up and the heat on, you may become more tired. While it may be uncomfortable, opening your window and allowing fresh air into your truck may keep you awake. However, do not rely on fresh air to keep you out of tractor-trailer accidents. Find a rest stop as soon as possible.
• Drive during the day: Try to schedule long drives during the day.
• Take breaks: If you know you have a long trip ahead of you, plan to take scheduled breaks for resting.

Ultimately, the best way to avoid semi truck accidents is to be well rested before driving. You should never take any kind of drug to stay awake. If you feel tired, your best option is to stop driving and sleep. If you have been in an accident, please contact trucking accident attorneys today.

Litigating a Business Dispute

Business Litigation
If you are in business, at some point you are bound to become involved in a dispute. Whether you are a small or large business, you need to be ready to deal with the inevitable frictions and disputes that arise out of your everyday transaction. When things become difficult and you are unable to resolve issues on your own, your best bet is to seek the advice and representation of a skilled Atlanta business attorney.

Small businesses in particular need to avoid becoming tied up in hostile commercial dealings that take the time of an owner and can rob you of your reputation. Do not risk losing your business. Contact an attorney with the experience, intelligence, and resolve to represent you should it become necessary to take your matter to trial.

Arbitration
Arbitration is a form of alternative dispute resolution that differs from both litigation and mediation. However, in certain ways arbitration is similar to both.

Arbitration employs impartial and knowledgeable arbitrators to settle a dispute outside of the court system. It is more private than litigation which goes to court and is public, and serves as an excellent forum for business dispute resolution.

In certain contracts such as in client brokerage agreements, arbitration may be required and it is often used to settle securities disputes between investors and stockbrokers. This approach provides quick and confidential business dispute judgment. An arbitration award is usually final and is difficult to appeal.

Mediation
The most common types of mediated business disputes include the following:

Negotiation of partnership contracts
Negotiation of facts of business formations
General conflict resolution

Mediation does not require both parties to hire representation and the process typically allows a business relationship to continue after the process is finalized.

There are several solutions available to resolve business disputes. An attorney experienced in business law can evaluate your situation and explain the route that should be best for your business. Whether it is mediation, arbitration, or litigation, an Atlanta business law firm of can see you through the process.

Common Misconceptions About Wrongful Death Litigation

Making the decision to seek legal help after a loved one has passed can be difficult. In your emotional state, your judgment may even be cloudy. Before pursuing a wrongful death lawsuit, you should be aware of the following misconceptions:

• I can handle this myself and do not need a lawyer

Wrongful death lawsuits can be extremely complex. Given your emotional state, you should not attempt litigation without a lawyer. Wrongful death lawyers are trained professionals with significant knowledge and experience in this area.

• I have plenty of time and will take legal action later

Under the statute of limitations you have a limited amount of time in which you can file a wrongful death lawsuit. Once this time period expires, you can no longer take legal action.

• My insurance company is going to help me

Do not rely on your insurance company to relieve you of the financial burden caused by a wrongful death. Your insurance company does not want to give you any more than they have to. They are likely to pay the least amount possible.

• Hiring an attorney means I will have a long trial

Every case is different. Some cases are long and some are short—and not all cases go to trial. In fact, many cases are settled outside of court. An experienced lawyer can determine how long your trial might take.

• Any relative can file a lawsuit

In most states, only immediate family members can file wrongful death lawsuits.

• I cannot afford an attorney

Many wrongful death lawyers work on a contingency basis. This means that your attorney does not get paid unless you are paid.

Understanding Probate and Wills in FL

What is probate? Probate is a legal process that moves assets of a deceased person (decedent) out of an estate and into the hands of family or friends. The probate process also ensures that creditors of an estate are paid from the estate assets.

Types of probate

Under Florida law, there are two types of probate:

1. Formal administration: Required whenever the estate of the decedent is valued at more than $75,000, while excluding creditor exempt property such as a homestead exemption. The circuit court requires an accounting of all of the assets and debts of the decedent. As a result of the court’s involvement, formal administration may take longer than other options. However, the beneficiaries of an estate under formal administration are not liable for the debts of the estate. Before any distribution is made, all or substantially all of the creditors will have been paid.
2. Summary administration: Generally available only in cases where the value of the estate is less than $75,000, while excluding creditor exempt property. Additionally, for summary administration to be available, creditors of the estate must agree to the administration or have been fully paid. Because this method is faster, it may seem to be ideal. However, an executor of any estate should consider that any beneficiary who receives assets is liable for any debts that haven’t been paid by the estate and this liability can last for up to 2 years. This means that although the estate may believe it has paid all of the creditors, within 2 years a beneficiary can be asked to pay a debt that the estate missed.
   

A third option of Disposition Without Administration is also available but would not be classified as probate in FL. This option exists where all property of the estate is considered to be exempt and the total value is not more than funeral expenses (capped at $6,000) plus the decedent’s medical bills for his or her last illness.

The final piece to the probate puzzle involves the type of property subject to probate. Property that is solely in the name of the decedent on the date of his or her death will be subject to probate. For example, a bank account that is in only the name of the decedent would be subject to probate. In the alternative, a bank account that is jointly owned by the decedent and someone else, will automatically transfer to that other person without having to go through the probate process. You need a skilled, experienced attorney to handle probate and wills in FL.

Understanding the Difference between a Felony and a Misdemeanor

Laws in this country are set at the federal and state levels and are generally categorized as either felonies or misdemeanors. There are also infractions of the law that are not usually considered crimes, such as speeding, and ordinances against certain behavior set at the local level, such as curfews.

Whether a crime is considered a felony or a misdemeanor depends on the punishment possible for that crime in the state in which it occurred, or at the federal level in the case of crimes such as mail fraud, kidnapping, and counterfeiting.

In most states, misdemeanors are crimes for which the maximum sentence possible is less than a year of jail time. Those crimes for which the minimum sentence possible is imprisonment of a year or more are considered felonies. In states that have the death penalty, all crimes potentially punishable by death are considered felonies.

Most states also allow for some crimes to be processed as either felonies or misdemeanors, depending on the circumstances and any aggravating factors (such as cruelty shown in the commission of a crime). It would be ideal to reach out to a South Carolina trial attorney if you are from the state and need help.

Some key differences
Both misdemeanors and felonies are processed through the court system and allow you due process. That said, there are some key differences:

• If you are charged with a federal felony, your case may first go before a grand jury to determine if the case against you is strong enough to go to trial

• If you are convicted of a misdemeanor, the judge generally delivers the sentence at the conclusion of your trial

• If you are convicted of a felony, you will be sentenced at a separate hearing

• In the case of an appeal, a misdemeanor case will be held before a different appellate court than a felony

Differences in punishment are significant, and include:

• People convicted of misdemeanor crimes generally serve sentences of less than one year and serve them in city, county, or state jails

• People convicted of felonies generally serve sentences of more than one year and are incarcerated in state prisons

In some states, convicted felons can lose certain rights, including:

• The right to possess firearms

• The right to hold a hunting or even fishing license

• The right to vote

Some rights to your privacy, including:

• Requiring that the convicted disclose their status as felons on job applications

• Requiring some felons, such as sex offenders, to register with the state when they leave prison and restricting where they can live (such as not near elementary schools)

• Convicted felons may be subject to harsher punishment on subsequent convictions

In many cases, the legal and judicial systems have broad discretion in the charges they bring against the accused and in sentencing the convicted. If you are ever arrested, it is essential that you obtain a South Carolina criminal attorney as quickly as possible in order to ensure the best outcome possible for your case.