How to Properly Prepare and File for Bankruptcy by Dustin Bower

Are you thinking about filing for bankruptcy? This process can seem daunting and overwhelming in the midst of an already stressful time. Here are the basic steps in the filing process:
1) Review Your Finances & Compare Against Monthly Expenses

It is important that you know how much you owe and who you owe. Sort through all of your bills and create a list of all your creditors and how much you owe each of them. Many people avoid looking at this information because it causes more stress. Ignoring it will not make it go away. Although it may be stressful for you to face this list, it is the first step in organizing yourself. If necessary, ask a trusted friend or family member to help you compile the list. The most important thing is to make sure you have everything listed.

2) Attempt to Modify Any Outstanding Loans or Debts

Contact each of your creditors. Many of them will be likely to consider modifying your payment plans or accepting a lower payoff amount. Take the time to explain to them that you are trying to take care of your outstanding debts and that you hope to work together. Often times, the first person you get on the phone will not have the authority to accept a modified payoff or change payment terms. Don’t be afraid to ask for a supervisor. Be sure to keep good records of when you have contacted each creditor and what terms were discussed.

3) Be Aware of Any Upcoming Foreclosures or Judgments

When you are facing an upcoming foreclosure or judgments, it is important to know that you are now working against the court’s timeline. It is important to know what dates and limitations they have placed on you. If you are facing a foreclosure or judgments, it is very important to contact an attorney to assist you. They will be able to tell you the next steps you should take.

4) Hire an Attorney

If you are facing the need to file for bankruptcy, this is not a time to try to take on representing yourself. Creditors are very skilled at this process. They can and will do everything they can to make this process more challenging for you. Although the idea of spending more money on hiring an attorney may seem unreasonable at this time, it is the best first step you can take. Bankruptcy attorneys can walk you through the process and help you along the way, providing the much needed relief you are seeking.

5) Take a Credit Counseling Class

Part of the bankruptcy process will require you to take two credit counseling classes. These classes are necessary before your filing is complete, and one will need to be taken for your bankruptcy to be finalized. Your attorney can offer you a list of agencies that offer these courses. The cost ranges from $25 and up, per class.

Pre-Bankruptcy Credit Counseling: The bankruptcy law requires that you complete an instructional course concerning personal financial management in order to file bankruptcy. Your attorney cannot file a petition until you complete the course and obtain a Certificate of Completion from the Agency you choose.

Pre-Discharge Debtor Counseling: This course is to be completed after your credit counseling course is complete and you have filed for bankruptcy. You cannot discharge your debts until you complete the course and obtain a Certificate of Completion from the Agency you choose.

6) File Your Bankruptcy Petition

After you have completed the above steps, and your attorney has received all of the necessary documents, they will file your bankruptcy petition. The amount of time it takes to get to this point is often times up to how quickly you obtain all the required documents and get them to your attorney. Understandingly, it is often challenging to gather required documents, like pay stubs, W-2s, and other tax documents. However, your attorney can not move forward without them. Once the petition is filed, your attorney will advise you of the next steps.

7) Attend the 341 Hearing or Meeting of Creditors

Your attorney will let you know when the 341 Hearing or Meeting of Creditors is scheduled, usually about 30 days after your petition is filed. At this meeting your creditors will be able to ask you questions regarding outstanding debts. Although this meeting may sound scary and uncomfortable, you can be assured that your attorney will help you prepare for the process and will be with you throughout the meeting.

Obtain Your Discharge Order in the Mail

You should received your discharge notice in the mail approximately 60 days after the meeting of creditors, notifying you that your filing is complete. Note: Some debts are not subject to discharge, such as student loans. It is important that you are clear on what you still owe.

About the Author
Dustin Bower is the founder and owner of Bower Law Office, PLLC, http://www.bowerlawoffice.com. Dustin has experience in a wide range of legal areas, including bankruptcy, child welfare and advocacy, administrative law, criminal law, unemployment law, corporate law, and business litigation.

Small claims court: What to do when someone owes you by Tom Aaron

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?
This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

About the Author
Aaron Language Services on the web at http://www.aaronlanguage.com is a translation and editing business primarily serving a Japanese client base. We are always looking for experienced editors specializing in medicine and the hard sciences. Click personnel on the menu on our top page.

Worker’s Compensation and the Laws behind It by Rainier Policarpio

Without a doubt, even after all the necessary safety measures have been deployed by the employers, there will always be possibilities of accidents still happening in a workplace. Despite of the strict discipline performed by all employees, they are still prone in obtaining injuries while exercising their works. Well, all we can do is to hope that these tragic incidents will not happen to us or even to our loved ones. However, as a form of consolation, workers like us were entitled of benefits to cover our incurred injuries as stated under various federal and state laws.
The Worker’s Compensation laws are drafted and ratified in order for the injured or disabled employees to have the assurance of having continuous financial benefits without undergoing any court procedures. This also bestows grants to the surviving dependents and beneficiaries of the employees who died due to any type of job-related accident or ailment. Moreover, some provisions of the laws provide protections to the employers by restraining the injured workers to recover large amount of money higher than the set limits. The co-workers are also freed from any liability in most cases of accidents. While the Federal worker’s compensation statutes are restricted to federal employees or those individuals employed in some important positions of interstate trade and commerce, various laws are enacted to deal with certain type of jobs.

? Federal Employment Compensation Act

This law imparts financial benefits limited only to those non-military or federal employees who suffered disability or died while performing their tasks. Nevertheless, these should not result from deliberate actions or from alcohol or illegal substance intoxication. The law covers the cost of medical treatment and rehabilitation brought by the disability and may oblige the worker to go through a retraining program.

Generally, the disabled workers collect 2/3 of their regular monthly income until the impairment was fully healed. They may accept even larger compensation in cases of permanent injuries or if they happen to be the breadwinner of their families.

If the worker died, his or her surviving family or beneficiaries will get the benefit.

* Federal Employment Liability Act (FELA)

This act provides benefits to the railroad employees who were injured in an accident.

* Merchant Marine Act (Jones Act)

This act provides protection for the seamen from negligent employers.

* Black Lung Benefits Act

This law provision provides benefits for workers in the mining industry who suffered from black lung disease.

* California’s Worker’s Compensation Act

This statute serves as a model of a complete state worker’s compensation insurance program. The state of California obliged the employers to have insurance policies for their workers that will cover future compensation claims.

The laws on Worker’s Compensation are very much broad and intricate. Thus, for the injured or disabled employees to obtain their claims, they may need to appoint the legal services of a qualified and proficient personal injury lawyer. A legal advocate’s expertise in handling this specific type of claim case will make it easier for the victims to uphold their rights.

About the Author
For more information about worker’s compensation and other personal injury related cases, visit www.personalinjurydefenders.com.