What are the deadlines for filing a proof of claim with the Bankruptcy Court?
deadline filing consumer bankruptcy
What are the deadlines for filing a proof of claim with the Bankruptcy Court?
A proof of claim tells the bankruptcy court how much a debtor owes a creditor at the time the bankruptcy case is filed.
In a “no asset” Chapter 7 bankruptcy case, there is no deadline because the court will instruct creditors not to file proofs of claim. In other cases, the deadline is generally 90 days after the 341 meeting. Governmental units (e.g., the IRS) have 180 days measured from the commencement of the case. Since the 341 meeting is generally 30 days after commencement, the government basically gets an extra two months.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Duragesic Patch Information and Warnings
Duragestic Patch Information Drug Toxic Chemicals
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Duragesic Patch Information and Warnings
The Duragesic Patch and generic fentanyl patches release the narcotic fentanyl in measured doses through the skin for treatment of very serious and chronic pain. The Duragesic patch is manufactured by Janssen Pharmaceutical Products, and a generic forms of the product are manufactured by Mylan Laboratories and Actavis Inc.
Suffered harm from Duragesic Pain Patch? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
The FDA (Food and Drug Administration) issued a Public Advisory warning in July 2005, announcing the FDA’s intention to study the safety of the patch delivery system for the potent narcotic, fentanyl. The FDA had received at least 120 reports of deaths linked to the use of fentanyl patches.
The Institute for Safe Medication Practices, an industry watchdog group, claims that heat increases the absorption of medication from patches and exercise, a hot bath, high fever, or a heating pad or electric blanket can lead to fatal overdoses. Studies on transdermal patch delivery done at the Center for Biomaterials at Rutgers University support these claims, according to Bozena B. Michniak, a researcher there. Apparently the effect of heat on dosage levels was reported in studies as early as 1986, but users were not warned until 1994. The FDA issued a warning about this in 2007. See Duragesic Patch Side Effects – Drug Overdose for details.
There have been several recalls of both Duragesic and generic fentanyl patches. Janssen recalled hundreds of thousands of Duragesic patches in 2004 due to a faulty seal that could deliver an overdose to a patient. There were two more recalls in 2008 for Duragesic patches marketed by PriCara and as a generic product by Sandoz Inc. That recall was because the patches might be cut and pose a danger of overdose for the patient or caregiver handling them. Fentanyl patches manufactured by Actavis Inc. were also recalled because of possible leaks. Some of these patches may still be in circulation.
If you are prescribed Duragesic pain patches, make sure that the patches you receive were not included in any recall. Handle all patches with protective gloves while you examine them for defects. Discuss the risks of overdose with your health care practitioner and be sure not to subject the patches to any unusual level of heat. Find out from your health care practitioner if you should remove the patch when you are running a fever or engaging in any activity. Be aware of the signs of overdose and what you should do if you suspect that you have received an overdose.
If you or a family member have suffered serious injury or a family member has died after using a Duragesic pain patch or generic product, you may be able to make a claim for damages. You should contact a qualified Duragesic pain patch attorney to evaluate your case.
Check out the following articles for more information about Duragesic Patch, filing a Duragesic Patch lawsuit and finding a Duragesic Patch attorney.
For more information about Duragesic Patch, see Drug Overview: Duragesic Patch Side Effects and Claims
For more information about Duragesic Patch side effects, see Duragesic Patch Side Effects
To find out more about the FDA warning, see Duragesic Patch Side Effects and Risks
If you would like to learn more about Duragesic Patch lawsuits, see Duragesic Patch Lawsuits, Litigation & Lawyers
To learn more about Duragesic Patch attorneys and how to find one, see Hiring a Duragesic Patch Attorney and Lawyer
Suffered harm from Duragesic Pain Patch? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
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Where do I file a bankruptcy petition?
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Where do I file a bankruptcy petition?
Bankruptcy courts are part of the federal judicial system. Each federal district has one or more bankruptcy courts, each of which is responsible for debtors within a certain geographic region. You can file a petition in a district where you have been domiciled or had a residence, principal place of business, or principal assets for 180 days OR for a longer part of 180 days than in any other district. You may also file in a district where an “affiliate,” general partner, or partnership has a pending case. If you’ve just moved from another district, you would need to wait until the 91st day after moving to file in your new district. If you file in the district where you used to live, you may be able to persuade the court to transfer the case anyway. Visit http://www.uscourts.gov/links.html to locate the web site for your local Bankruptcy Court. You may also reopen your case yourself.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
The Buzz about Byetta’s Black Box Warning
Byetta Black Box Warning Defective Products
The Buzz about Byetta’s Black Box Warning
There’s a buzz going around the drug industry about the U.S. Food & Drug Administration (FDA) imposing a black box warning on Eli Lilly and Amylin’s Byetta – a subcutaneous injection used to treat Type 2 diabetes by lowering a patient’s blood sugar levels – as more deaths are reported due to the drug’s usage.
What’s the buzz all about?
Although Byetta has been on the market since 2005 and is used by an estimated one million diabetics, serious side effects and deaths due to the drugs usage are just now being reported. The FDA’s latest warning to healthcare professionals was on August 18, 2008 where it reported that at least six deaths have been attributed to Byetta use after patients contracted pancreatitis.
Prior to that, the FDA notified healthcare professionals in October of 2007 that it believed a link between Byetta and pancreatitis might exist after it received 30 reports of patients contracting the disease, although no deaths were reported at that time.
Drug industry analysts are projecting that the FDA will likely force the manufacturers of the drug, Eli Lilly and Amylin, to include a black box warning on the drug – the most serious type available.
What is black box warning and what does it mean?
According to the FDA, “A black box warning is the most serious warning placed in the labeling of a prescription medication. Advertisements that serve to remind health care professionals of a product’s availability (so-called ‘reminder ads’) are not allowed for products with black box warnings.”
For consumers, a black box warning indicates that the FDA has established that serious risks are associated with the drug. For manufacturers, black box warnings equate to decreased sales as consumers switch to other medications where possible. Not surprisingly, both of the manufacturers in this situation are reporting that a black box warning is not needed.
If you’re taking Byetta and would like to discuss your situation with an attorney whose practice focuses in this area of law, please click here. Consultations are free, without obligation and are strictly confidential.
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Categories: Personal Injury Laws Tags: C, consumer
I can’t make the payments due under my Chapter 13 bankruptcy plan. What can I do?
chapter repayment consumer bankruptcy
I can’t make the payments due under my Chapter 13 bankruptcy plan. What can I do?
On occasion, changed circumstances (e.g., divorce, unemployment, illness) will affect your ability to make plan payments. If you have been hit with hard times, notify your attorney immediately. If your problem is temporary, the trustee may give some leeway in meeting your payment commitment, such as reducing your payments or extending the repayment period. If it looks severe or long-lasting, the court may:
(1) modify the plan to deal with your changed circumstances; or
(2) discharge the rest of your debts on the basis of hardship; or
(3) convert to a Chapter 7 liquidation case; or
(4) dismiss your Chapter 13 case, which means you’ll owe what you owed before filing for Chapter 13, less any payments; or
(5) suspend payments.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, employment
Accutane Side Effects and Risks
Accutane Warning Drug Toxic Chemicals
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Accutane Side Effects and Risks
Accutane, a synthetic form of vitamin A with the generic name isotretinoin, has been the subject of numerous warnings by both the FDA (Food and Drug Administration) and consumer advocacy groups.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
The FDA first required the manufacturer of Accutane to increase warnings about the danger of birth defects as a result of using Accutane in 1983.
In the August 12, 2005 announcement the FDA said it had also approved new warnings for risks of depression and psychiatric problems. The FDA had already issued a MedWatch warning on November 1, 2002 saying that “aggressive and/or violent behaviors have been added to the list of events that Accutane may cause.” The first warnings about possible psychiatric Accutane side effects were made in 1985.
More recently Accutane has been linked to incidents of severe pancreatitis and inflammatory bowel disease, sometimes requiring surgical removal of some organs. Current Accutane warnings include all of these conditions and side effects.
If you are thinking about using Accutane be sure talk to your health care provider about all the possible side effects and learn about possible symptoms of side effects so that you and your health care provider can monitor your health. If you or a loved one have been injured or a family member died as a result of taking Accutane, you may be able to recover damages. See Hiring An Accutane Attorney and Lawyer for information about finding someone to evaluate your case.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane, see Drug Overview: Accutane Side Effects and Claims.
For more information about Accutane side effects, see Accutane Side Effects – Inflammatory Bowel Disease, Suicide & Birth Defects .
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
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What is involved in the bankruptcy process?
involved process consumer bankruptcy
What is involved in the bankruptcy process?
Before you can file either Chapter 7 or 13, you must pass muster under a “means test”. The means test identifies those debtors who have the financial capacity to pay a significant portion of their bills to creditors. It involves comparing the debtor’s income to the median income of the state where the debtor is located. If the debtor’s income is higher, another set of calculations (based on ratios of debt to income) will identify whether he or she can file a Chapter 7 liquidation or Chapter 13 repayment case.
No matter where you are located, there is a bundle of paperwork requirements. A bankruptcy case begins with the filing of a petition and several forms with the bankruptcy court in your area. The forms contain lists of all your assets, debts, income, expenditures, as well as other personal background and financial information. In addition, you must file a certificate of credit counseling, tax returns (or transcripts) for the recent tax year; tax returns filed with the IRS while your bankruptcy case is open; copies of pay stubs or other proof of income received 60 days prior to filing; statement of currently monthly income and any reasonably anticipated changes in income or expenses after filing.
In a Chapter 7 (liquidation) case, the court will appoint a trustee to represent the interests of your creditors. A month or so after filing, you must attend a so-called “meeting of creditors” with the trustee to answer questions regarding your assets, debts, and so forth. Despite the name, creditors rarely attend these meetings. After the meeting, the trustee sells (“liquidates”) the property that can be taken from you, takes the cash and splits it among your creditors. At the end of liquidating your property, the court schedules a final hearing and discharges your debts. The effect of this is that you no longer legally owe your creditors and they are forbidden from trying to collect any unpaid percentage.
A Chapter 13 (wage earner) case begins by filing the same papers as under a Chapter 7. In addition, you must file a workable plan for repaying your debts with the bankruptcy court, which will approve the plan. You start sending payments directly to the chapter 13 trustee shortly after filing. The trustee then pays your creditors according to the terms of the court-approved plan. When you have repaid your creditors according to the plan, a court hearing will be held and you will be discharged. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect.
Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, legal
Accutane Side Effects – Suicide, Birth Defects, Inflammatory Bowel Disease
Accutane Side Effects Drug Toxic Chemicals
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Accutane Side Effects – Suicide, Birth Defects, Inflammatory Bowel Disease
Accutane, a synthetic form of vitamin A used to treat severe acne, has been the subject of much controversy and litigation due to serious side effects including severe inflammatory bowel disease, birth defects, suicide, depression, psychiatric disorders, and the potential for violence in patients taking it, as well as a long list of less serious side effects.
Patients have reported both inflammatory bowel disease and lupus after using Accutane. Some possible symptoms to watch for are:
Stomach, chest, or bowel pain
Rectal bleeding or serious or bloody diarrhea
Pain or difficulty swallowing
Increased heartburn
Yellowing of the skin or eyes
Dark urine
Bad headache or dizziness
Nausea and vomiting
Joint or muscle pain
Bone problems
Hearing loss
Difficulty breathing
Fainting
Increased thirst or urination
Slurred speech
Difficulty moving
Leg swelling
Increased cholesterol or triglycerides in blood
If you suffer these side effects you should seek medical help immediately. Blood levels of cholesterol and triglycerides should be monitored during treatment with Accutane.
There have also been reports of suicides, suicidal thoughts, and other psychiatric disorders in patients taking Accutane since 1985. The FDA has required stronger warning on several occasions. Symptoms of these problems can include:
Depression
Sadness
Irritability
Unusual fatigue
Difficulty concentrating
Change of sleep patterns
Loss of appetite
Suicidal thoughts
Suicide attempts
Seizures
Patients taking Accutane should be carefully monitored for these symptoms and should contact a health care provider immediately if they occur.
The harm to infants whose mothers have taken Accutane during the pregnancy or shortly before getting pregnant is so clear that both the manufacturer, Hoffman La Roche, and the FDA (Food and Drug Administration) have worked to create programs to make sure that patients taking the drug do not become pregnant. These efforts have not been successful and both pregnancies and birth defects continue to occur.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
At least one study has also linked Accutane to increased levels of tryglycerides, cholesterol, and transaminase. Less serious potential Accutane side effects include:
Increased risk of sunburn
Increased risk of scarring
Decreased night vision
Accutane should not be taken with several kinds of other medications, which might increase the risks of side effects. You should tell your health care providers all the medications and supplements you’re taking before deciding to take Accutane. With all the concerns about birth defects and emphasis on birth control, you should be aware that Accutane may interfere with the effectiveness of birth control pills that do not contain estrogen.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane, see Drug Overview: Accutane Side Effects and Claims.
For more information about Accutane updates, see Accutane Information and Warnings.
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Read more for related video clips.
Accutane: Drug Overview
Accutane Drug Toxic Chemicals
Free Case Evaluation From An Experienced Drug Liability Attorney.
Accutane: Drug Overview
Accutane (generic isotretinoin) is a form of synthetic vitamin A used to treat serious forms of cystic acne that will not respond to other treatment. The Accutane claim is that it sometimes permanently clears serious acne after a few months of treatment, while other treatments are only effective as long as they are continued. Accutane decreases the amount of oil (sebum) produced by the oil (sebaceous) glands in the skin and increases the rate at which the skin is renewed.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Accutane is manufactured in the US by Hoffman La Roche, part of “The Roche Group,” a leading international pharmaceutical company with subsidiaries active in 150 countries. Accutane was approved by the FDA (Food and Drug Administration) in June 1982, and by 2000 Hoffman La Roche reported that 5 million people in the US and 12 million worldwide had taken the drug, most of them young adults.
Within a year of the FDA’s approval reports began to come in of serious deforming birth defects in children born to women using Accutane. Within 3 years of the FDA approval reports, other alarming side effects, including depression and seizures, began to come in. There were reports of several suicides in patients taking Accutane. Later reports of severe cases of inflammatory bowel disease and pancreatitis were reported.
The FDA has required several increased levels of warnings about side effects and Hoffman La Roche has designed two programs to reduce the number of pregnancies in women using Accutane that were not successful, followed by an equally unsuccessful FDA program.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane side effects, see Accutane Side Effects – Inflammatory Bowel Disease, Suicide & Birth Defects .
For more information about Accutane updates, see Accutane Information and Warnings.
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Read more for related video clips.
I am in a same-sex relationship. How does that affect bankruptcy?
same sex bankruptcy consumer bankruptcy
I am in a same-sex relationship. How does that affect bankruptcy?
Two individuals who are not married may file separately for bankruptcy and then file a motion to have the two cases consolidated administratively. It’s up to the judge to decide whether, and to what extent, to allow that motion.
In a state that recognizes same-sex marriages, a same-sex couple might seek to file a joint petition in order to pay just one filing fee. (There is no other difference between a joint petition and two petitions that are administratively consolidated.) The federal Defense of Marriage Act would require the court to reject the joint petition because the word “spouse” appearing in the Bankruptcy Code must be construed as meaning two spouses of opposite gender. There will undoubtedly be a constitutional challenge to the Defense of Marriage Act, but it’s not possible to predict the outcome here. A bankruptcy case, where the fight would be over a mere $299 filing fee for a Chapter 7 filing (or $274 for a Chapter 13 case), may not be the best vehicle for such a challenge.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer