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Posts by Milton

A Brand New Financial Start through Chapter 7 Bankruptcy Law

Posted by on Feb 6, 2014 in Bankruptcy Laws | 0 comments

Searching for legal means to pay overwhelming debts may be a hopeless endeavor for those who are not totally aware of the existence of the bankruptcy law – the law that allows legal declaration of inability to further pay individual or business debts that have risen to an unmanageable amount. Bankruptcy is one of the best and legal solutions individuals and businesses have as the law will not only help them gain control over their finances again, it will also immediately stop any form of harassment employed by creditors or law firms (such as e-mails, phone calls, letters, text messages and lawsuits) to force debtors to pay.

Many individuals who find themselves in crushing debts make the wise decision of seeking legal counsel (business firms usually have their own lawyers to guide them through this concern). Your lawyer will first asses your financial situation and then will go on to explain to you the legal options you have to enable you to have a brand new financial start. But make sure you choose a really good bankruptcy lawyer as not all lawyers have equal expertise and exposure to bankruptcy laws and proceedings.

If you own a business, your lawyer may advise you to file for business bankruptcy that is either supported by Chapter 7 or Chapter 11 bankruptcy law. Chapter 7 bankruptcy, in particular, is a liquidation bankruptcy process. This is applicable to those who own properties, but whose income or salary falls with the chapter’s stipulated limit. This type of bankruptcy will require the liquidation of some of your properties, thus its definition. Your properties will be sold by a trustee, who is appointed by the court, and the amount earned will be distributed by this same trustee to your creditors in payment of your debts (debtor have the option to choose which among his/her properties would be exempt from being liquidated).

Debts are classified as either dischargeable or non-dischargeable. Dischargeable debts, which include personal or business loans, medical bills and debts resulting from credit card use, are those that the court may release you from (you need not pay); non-dischargeable debts are usually related to governmental bodies, like alimony, court fines and student loans (home mortgages may sometimes be included).

To be able to qualify for Chapter 7 bankruptcy, applicants will have to go through a means test. This test will determine, through your income, if you can seek protection from your debts using this bankruptcy law. Business firms, on the other hand, that choose to file Chapter 7 bankruptcy will be required to stop business operations, unless allowed by the appointed trustee to continue. This is because the company’s assets will need to be sold to pay (in this particular hierarchy) investors, unsecured creditors and secured creditors (a system of hierarchical payment called “absolute priority”).

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Arguments Concerning the DePuy ASR Hip System

Posted by on Oct 11, 2013 in Personal Injury, Product Liability | 0 comments

In 2010, DePuy Orthopaedics, a holding company of Johnson & Johnson, recalled the widely used DePuy ASR hip implant. The recall was issued after numerous reports and lawsuits were filed against Johnson & Johnson for defective product design. Many of the recipients of a DePuy ASR hip were badly injured by the implant.

According to the website of the National Injury Law Center, the DePuy ASR ball-and-socket technology was made of cobalt and chromium alloy. The acetabulum shell (socket) and femoral head (ball) were separated by a flimsy polyethylene liner. In many cases, this liner wore down causing the cobalt and chromium to grind against one another. Not only did the grinding pain mimic the arthritic pre-operation condition, but it also put patients at risk for blood toxicity and damaged tissue.

Lawyers representing the victims of a defective DePuy ASR Hip System have mentioned that the scraping action of the metal-on-metal implant can cause damage to the tissue surrounding the joint. This damage can become so extensive that it eventually causes the surrounding tissue to die. Additionally, the scraping of the metal can raise the amount of metal ions in the bloodstream. This alteration to blood levels can affect a patient’s ability to fight infection as well as increase the risk for blood clotting complications.

In addition to physical complications to patients, many lawyers have argued that Johnson & Johnson was aware of the defective qualities of the DePuy hip implant before releasing it for market use. Johnson & Johnson has been accused of inadequate testing, the hiding of failure complaints, and the discarding of redesign efforts. The first federal trial over the DePuy Hip System began in September of 2013. Johnson & Johnson stands to lose around $3 billion dollars if they are held liable for the full extent of the damages.

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Finding a Personal Injury Lawyer

Posted by on May 28, 2013 in Personal Injury | 0 comments

Finding the right personal injury lawyer to represent you in court may be the key in getting the proper compensation in a very fast manner possible. There are a lot of lawyers out there who says they can help you, but not all of them are familiar with the ins and outs of personal injury law. This is why it is vital to find the right one, especially if you have been severely injured due to an accident or reckless behavior of another person or party.

If you have just recently encountered a serious injury due to another person’s fault, then you might get compensation by filing a personal injury claim. With so many lawyers out there, it might seem daunting to find the right one, so here are some tips on where and how you can find the best personal injury lawyer for your specific injury case:

  1. Bar associations – generally all lawyers become members of these organizations, and as such, they can provide you with lawyer’s credentials and curriculum vitae. These organizations can provide you with lawyers who specialize in personal injury law.
  2. Yellow pages – even with the fast access of the internet, yellow pages can still provide you with attorneys who specialize in personal injury laws.
  3. Inquire about them to your lawyer – whether you asked their help for writing a will or for real estate transactions, asking your lawyer on their recommendations can guarantee you have enough options for a personal injury lawyer. Ask your lawyer for at least 3 persons whom he trusts can help you with your dilemma.
  4. Internet – just about every bit of information can be found in the internet. Searching for lawyers in your area do not only give you their names, you can also find their backgrounds, other cases and even inquire them about your case.
  5. Ask around – it does not hurt to ask other people about different lawyers. Word of mouth is still a strong advertising medium for many legal firms, and asking about them can inform you about their services and how they handle their clients.

Looking for the right lawyer doesn’t need to be all that hard and confusing. Just knowing where to look for them is the first step in fighting for your right for fair compensation after an unjust accident.

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Intoxicated Driving: The Differences Between Marijuana and Alcohol

Posted by on May 23, 2013 in Driving Facts | 0 comments

Almost any intoxicant can negatively impact an individual’s ability to safely operate a motor vehicle. For this reason, most states have designed laws to discourage the use of intoxicants by motorists. But enforcing these laws can be more difficult for some intoxicants than others.

Drunk driving, which has been recognized as a serious public safety issue for several decades now, has been subject to increasingly strict laws and regulations prohibiting impaired drivers from getting behind the wheel. All states institute a limit of .08% blood alcohol content, and there are a wide range of different technologies that can be used to effectively determine whether a driver suspected of driving under the influence is over this limit, including breathalyzers and blood and urine tests.

Marijuana, on the other hand, is much more difficult to effectively detect in drivers. For one, marijuana, unlike alcohol, stays in the bloodstream for much longer than alcohol, sometimes for weeks after an individual has used it. Another issue is that there aren’t currently widely-accepted legal limits to effectively determine how much marijuana can be in an individual’s system before they are unsafe to drive. Finally, testing technology is not nearly as advanced as it is for alcohol.

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Helping Teenagers Cope with a Divorce

Posted by on May 23, 2013 in Family Topics | 0 comments

Divorce is not always an easy process, and it can be made even more difficult when divorcing spouses have teenagers.  Teenagers are already facing difficult life changes, as this is a critical transition period for them, but a divorce – especially one that is sudden or unexpected – can make the teen years even more difficult to face.  Many teens feel that they are misunderstood or that their parents do not talk to them about their decisions, making a divorce even harder to for many teens to accept. As such, it is important that parents make an effort to talk to their teens about getting a divorce and to not avoid having honest and serious discussions with their children, even when it involves difficult or uncomfortable topics.

However, many parents struggle with finding out how to help their teenagers through a divorce.  Unfortunately, it’s not a foolproof science, as every teen’s reaction will be different.  However, there are some good strategies that parents might consider when working through a divorce with their teenagers.

Strategies for Helping Your Teen with a Divorce

Every young person will react to their parents’ divorce differently, but divorce can be especially hard on teenagers who are old enough to fully understand the implications of a divorce and the effects it can have on their life.  It might be hard for a teenager to imagine life without both parents together, and he or she might act out against the divorce in different ways.  To help your teenager cope with a divorce, whether it is amicable or contentious, there are some strategies that you can implement, including:

  1. Explaining the divorce as a team, with you and your spouse talking to your child together
  2. Avoid blaming your spouse or using negative language about him or her
  3. Always make your teen understand that he or she is allowed to ask questions
  4. Make it clear that both parents love the child, and the divorce is not about him or her
  5. Seek counseling, if you think that it is necessary to help your teen express his or her feelings

While not every one of these strategies may help your individual teen, each of them has been utilized by divorcing parents across the country, and has seen success in certain families.  Because every divorce is different, you will have to test some different strategies and find out which works best for your family.  If you have questions, as many parents do, it might also benefit you to discuss them with a divorce lawyer in The Woodlands who has likely seen cases similar to yours in his or her years of experience helping families with teens go through the divorce process.

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