What are the options for someone whose Chapter 7 filing would be abusive?
bankruptcy abuse chapter 7 consumer bankruptcy
What are the options for someone whose Chapter 7 filing would be abusive?
Most consumers can file under Chapter 13, which requires them to submit a repayment plan for confirmation by the court. Among other things, the plan must commit all of the debtor’s disposable income over the course of the plan. Formulating a Chapter 13 plan is best done with the help of a competent bankruptcy lawyer, but there are some general guidelines that will help a consumer understand what the lawyer will be doing.
Consumers whose debts are too large for Chapter 13 might file under Chapter 11. In general, a Chapter 11 case involves the formulation of a plan and a disclosure statement that the debtor submits to a vote by creditors. The complexities of Chapter 11 are beyond the scope of a simple online explanation like this one. Someone who is not an experienced bankruptcy lawyer can probably not successfully handle a Chapter 11 case.
Family farmers can file under Chapter 12. Chapter 12 is much like Chapter 13, but is available without regard to the size of the debts.
A Chapter 13 petition includes a form (B22C) that’s very much like the means-test form used in a Chapter 7 case. The form first directs the debtor to calculate Current Monthly Income (CMI) in exactly the same way. The CMI of the debtor(s) and the non-filing spouse are then compared to the state median income for same-sized households to determine the so-called “commitment period.” The commitment period is either 3 years (below median) and 5 years (above median). Some consumer bankruptcy lawyers believe that the commitment period is just a number that doesn’t necessarily govern how long the plan will actually last, but there is no case law deciding this point one way or the other.
The B22C form then directs a married debtor filing individually to subtract out the non-filing spouse’s income to leave an adjusted CMI that includes (a) the debtor’s income, and (b) the non-filing spouse’s contributions to the debtor’s household expenses. If the result is above median, the debtor must go on to calculate disposable income according to a statutory formula. Otherwise, the debtor will stop filling out the form and calculate disposable income as under prior law (that is, by subtracting actual expenses from Schedule J from actual net income from Schedule I, subject to the scrutiny of the United States Trustee).
The statutory formula for disposable income for above-median filers applies the same complicated set of deductions as does the Chapter 7 means test, plus two more. In addition to the expenses that are deducted on the B22A form, the B22C form allows a further reduction in income for (a) income received for child support, and (b) voluntary contributions to retirement plans. As a result, it is entirely possible for a debtor to have negative disposable income (meaning that no Chapter 13 plan is feasible) and yet have the presumption of abuse arise in a Chapter 7 filing. In the absence of case law under BAPCPA, it is not entirely clear what chapter such a debtor should file under.
Expense figures to be used in figuring disposable income are derived from the collection standards used by the IRS in tax delinquency cases. The values to be used on the bankruptcy forms are at http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, family, lawyers
How do I protect a trade secret?
Trade Secret Protections Trade Secrets Intellectual Property
How do I protect a trade secret?
By keeping it secret. If you are the owner of a trade secret you must protect it from disclosure and maintain its confidential nature in order for it to be enforceable as a trade secret. Trade secrets and “know-how” are not subject to patent or trademark protection but can be enforced as valuable property rights by the courts.
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Categories: Intellectual Property Laws Tags: C, Lua
Is a settlement from an accident incurred while married to my husband considered community property in the event of a divorce?
Accident Incuured Divorce Law
Is a settlement from an accident incurred while married to my husband considered community property in the event of a divorce?
You are not entitled to any portion of the money that your husband may obtain for his pain and suffering; they are his alone because they are payment for his “personal injuries” that he “personally” suffered. In addition, personal injury damages are non-taxable. However, any damages he receives for reimbursement for the automobile and his lost wages are subject of community property laws in the event of divorce, because those are items that, but for the accident, you would have benefited from.
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Categories: Family Law FAQ Tags: accident, injury
Ne Parental Consent – What is the age with parental consent in nebraska?
What is the age with parental consent in nebraska?
Male: 17
Female: 17
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Categories: Family Law FAQ Tags:
What is the age without parental consent in florida?
What is the age without parental consent in florida?
Male: 18
Female: 18
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Harley Davidson Motorcycles: Why Are Some Claiming They’re Defectively Designed?
Harley Davidson Defective Design Defective Products
Harley Davidson Motorcycles: Why Are Some Claiming They’re Defectively Designed?
Harley Davidson motorcycles, commonly referred to simply as Harley’s, are being associated with what many are calling a serious design flaw. It’s being referred to as the Harley wobble and seems to have even the loyalist Harley riders concerned.
What’s it all about?
Kevin Liebeck, a California attorney whose practice represents plaintiffs in personal injury, medical malpractice and products liability actions, explained the phenomenon in a recent interview:
It’s a rather transient phenomenon as far as its occurrence in nature, if you will. It is going to be a function of getting the motorcycle into a situation where it has some dynamic inputs that are going to excite this particular condition. You’ll ordinarily find it in turns when the rear tire of the motorcycle is being loaded with a lateral “g” component. That’s when you’re going to begin to distort the relationship between the swing arm and the frame and you may start to see an input into the motorcycle as a result of that – when the longitudinal plane of the motorcycle and the longitudinal plane of the engine in the swing arm can become divergent from one another.
Liebeck put it in simpler terms. He told us, “What you’re effectively having happen is that the rear wheel is changing its angle relative to the centerline of the motorcycle and is, in essence, steering it.” He provided the following example:
If you have the handlebars pulling the motorcycle straight ahead, then the angle of the front wheel is the same as the angle of the frame of the motorcycle. So, the centerline of the motorcycle and the centerline of the front wheel are identical when it’s straight ahead. When you start to turn the handlebar, you change that angle. You change the angle of the front tire relative to the longitudinal plane of the motorcycle or the centerline of the motorcycle and as a result – the motorcycle turns whichever direction you have turned the handlebars.
This is what’s happening, except it’s happening to the rear wheel. It’s not something that the rider can control because the angle of the rear wheel is changing as a function of forces being imparted on it from the road. So, if you’re essentially steering it from both ends, you can see where you can run into a problem very quickly as a rider.
Other variables may have an impact
Other variables, such as the rider’s weight, the weight distribution of equipment/gear on the motorcycle, how much gas is in it, whether it’s going uphill or downhill and whether the driver is on the throttle or off the throttle or brakes are also dynamics that have to be taken into consideration, according to Liebeck, who said:
If you get the right set of variables – and if those variables come together – what will happen is that the bike will start to oscillate back and forth and it will literally store energy like a spring. So, with every oscillation back and forth, it gets worse and it is a very short period of time before somebody can be thrown off the motorcycle.
This can happen even to an experienced rider and happens very, very quickly. Everything goes from perfectly normal to extremely abnormal in the blink of an eye. It is a sensation for which the rider is unlikely to have any experience; it’s a feeling that does not make sense to the rider.
If you’ve been injured on a Harley Davidson motorcycle, contact an motorcycle accident attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential.
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Categories: Personal Injury Laws Tags: accident, injury
Dog Bite Victims: What Damages May Be Available For Your Injuries?
Dog Bite Victims Injury Law
Dog Bite Victims: What Damages May Be Available For Your Injuries?
Many people think that the damages which may be available to victims of dog bites are inconsequential. However, according to our expert, damages in dog bite cases could reach into the millions.
Steve Recordon
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that dog bite victims are entitled to many different types of damages. He explained:
Basically, any damages that you’ve suffered as a result of the injury are going to be covered. You have medical bills. In many cases, if the injury is serious, you have lost wages. Quite often, if there’s a dog bite, clothes have been destroyed or maybe the victim was wearing glasses and they where knocked to the ground and they were broken. You will have pain and suffering damages. There also may be damages based on fear as a result of the dog bite. That person may have fear that he or she will be attacked again and, as a result, may now be afraid of dogs or not go anywhere that dogs might be present. That’s all recoverable.
Punitive damages may also be available
Recordon says that punitive damages, those awarded to punish the dog owner, are available in any state. He provided the following example:
Let’s say that you’re walking by a house. There happens to be a Pit Bull there and the owner of the Pit Bull doesn’t like you or just wants to play games with you. He lets his dog out and tells his dog, ‘sick em, go get em.’ Damages in dog bite cases could be in the millions. Let’s say that a young professional is killed by a dog or a pack of dogs. The owner is going to be responsible for lost wages for the entire life of that professional, which an economist would determine, and that could be millions of dollars.
Beware of statutes of limitations
In order to be compensated for your injuries, you have to file a case within a certain time period. Statutes of limitation in a dog bite case parallel a personal injury case and states vary on those limitations. Recordon says that, in general, state statutes of limitation will range from six months to two years or beyond. California has a two year limit.
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with an experienced attorney, please click here.
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Categories: Personal Injury Laws Tags: C, example, injury
What is a hardship discharge in a Chapter 13 bankruptcy?
hardship discharge consumer bankruptcy
What is a hardship discharge in a Chapter 13 bankruptcy?
There are limited circumstances under which the debtor may request the court to grant a “hardship discharge” in a Chapter 13 case even though the debtor has failed to complete plan payments. Generally, such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control, and through no fault of the debtor, after creditors have received at least as much as they would have received in a Chapter 7 case and when modification of the plan isn’t feasible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.
Consult with an attorney in order to determine if a hardship discharge makes sense in your individual situation different bankruptcy judges across the country apply different standards as to what “hardship” means. Your attorney will know how the bankruptcy court in your area views “hardship.”
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, employment, injury
What factors determine whether something is a “trade secret”?
Trade Secret Factors Trade Secrets Intellectual Property
What factors determine whether something is a “trade secret”?
The factors include:
(1) the extent to which the information is known outside the business;
(2) the extent to which it is known to those inside the business, i.e., by the employees;
(3) the precautions taken by the holder of the trade secret to guard the secrecy of the information;
(4) the savings effected and the value to the holder in having the information as against competitors;
(5) the amount of effort or money expended in obtaining and developing the information; and
(6) the amount of time and expense it would take for others to acquire and duplicate the information.
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Categories: Intellectual Property Laws Tags: C
I live in a community property state and divorced my spouse soon after he filed bankruptcy. Am I protected from the creditors?
Community Property Divorce Law
I live in a community property state and divorced my spouse soon after he filed bankruptcy. Am I protected from the creditors?
The community property bond between spouses can linger for years after the couple is divorced. You are still responsible after divorce for your spouse’s debts that you originally incurred with him or her during the marriage. If your ex-spouse spouse files a petition for bankruptcy, a creditor can reach non-exempt “formerly community property” to collect on what was a community debt. This could shift the debt to you, obviously to the benefit of your ex-spouse at your expense.
When a debt is incurred during a marriage, property that was “formerly community property” received by either spouse in the divorce settlement, can be considered as assets that can be used to settle the community debt. So, the creditors will more than likely go after you for payment. Recent amendments to the bankruptcy code have attempted to tighten up the rules about property distribution and collection of debt.
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Categories: Family Law FAQ Tags: bankruptcy