Bankruptcy Advice

People are often worried about filing bankruptcy because they’re afraid of losing their house and their car. In reality, most people do not lose property provided they seek the right bankruptcy advice. In a Chapter 7 case, also known as liquidation bankruptcy, the trustee can liquidate any non-exempt assets that you have. For instance, if you have equity in your house or equity in your car, that could be subject to distribution from the trustees to the creditors. However, you have several exemptions, and those exemptions are doubled with your spouse if you have a spouse filing with you. Those exemptions, which exempt a portion of certain things allow you to protect property. For instance, for your car, you have a $2,400.00 exemption, meaning $2,400.00 is protected for equity purposes.

So, if you have a car that’s worth $5,000.00, your exemption of $2,400.00 really makes the equity $2,600.00, and if you have a joint filing spouse, that exemption doubles to $4,800.00, so you only really have $200.00 of equity. At that point, a trustee is not going to have the headache of distributing and paying for the cost of distributing that asset. It’ll cost more money for them and more time for the trustee to do all this instead of just letting it go. So you do have exemptions. Not only do you have a $2,400.00 exemption for your automobile, but you also have what’s called is the wild card exemption. The wild card exemption is $4,000.00 for one person, $8,000.00 for a joint-filed case. That wild card exemption can be applied to anything of personal property. It does not apply to real estate. You don’t need to be overly concerned since your chapter 7 bankruptcy attorney will handle the legal end of the filing. For more information about Bankruptcy Attorneys San Antonio click here

Your house also has an exemption of $15,000.00 of equity for one person. If you have a spouse that is filing, it will be $30,000.00. So you can protect $30,000.00 of equity in your house. In today’s economy, unfortunately, most people don’t have equity in their houses. However, some people still do, and it can still be protected to a certain amount. If you have a mortgage or a car payment still on your house or your car, those things will not be subject to the taking of the trustee in bankruptcy if you decide that you wish to continue to make payments to the car note and the mortgage note. There is a lot of confusion when it comes to the liability of the debtor when it comes to a house and a car, and I hope this is going to clear that confusion. Rest assured, if you are going to claim bankruptcy, your attorney will ensure that your assets are not at risk.

Personal Injury Law – Wrongful Death Attorneys Texas

Losing someone you love in an accident is never easy, never expected, and never forgotten. If the accident was caused by the negligence of another person, in other words, a wrongful death, then it is even harder to handle. The unanswered questions, the what-ifs, the regret, and grief. Even though it is hard to get on with life after someone dies, it needs to be done for yourself, your family, and in the name and memory of your loved one. This is the time to call a wrongful death attorney and discuss your options.

Don’t wait to call an attorney or you may lose the option to sue at all, particularly if the accident involved a government entity. In cases that do involve a government entity, you may have less than six months to file a claim. This isn’t a lot of time and if you want to file for wrongful death damages, you will need to act quickly. If the accident was a bad one and there is the likelihood of a significant wrongful death lawsuit settlement, this is all the more reason to file quickly to allow the wrongful death attorney the time to prepare a case – either to take to negotiation for a settlement or to court for a trial.

Wrongful death is quite evident based on the circumstances of the accident your family member was in, the evidence at the scene, and the in-depth investigation of the crash by forensics specialists. Eyewitness testimony is also helpful, if it is available, and in some cases, it isn’t. The most important element of proving a case like this is that there is negligence or wanton recklessness involved, and but for those actions, the deceased would still be alive.

Most often the people who are eligible to file wrongful death damages are the spouse and children of the deceased. Having said that, if there is no spouse or children, or if they were also in the accident, then the next people who may file a civil wrongful death suit is a domestic partner, stepchildren, parents, grandchildren, or a putative spouse. A putative spouse is a person who has lived with another person, but they are not legally married.

This is a very complex area of the law and having a wrongful death attorney in your corner representing your interests and that of your family is the smartest thing you could do in order to get justice. While you might not think it matters much that you have an attorney, this couldn’t be further from the truth. Only an attorney with extensive experience in handling wrongful death lawsuit settlements will be able to get you just and equitable compensation for the death of your family member.

You need help to survive financially if your family member was your sole source of financial support. If you have children, you need to care for them, pay the bills, and move forward as best you can. You can’t do this without wrongful death damages.

Don’t make the mistake of thinking that damages in a wrongful death case are just the same as the kind of damages you could get in a personal injury lawsuit. This is not true. When asking for wrongful death damages, the attorney includes funeral and burial costs, the expense of any medical treatments prior to death, the loss of care, guidance, comfort, advice, companionship, loss of consortium, and the pain and suffering of the deceased prior to death. Your grief over the loss is also factored into the final calculations for wrongful death damages.

Try not to let grief over your family member’s death cloud the fact that you need help from an attorney to seek justice for the death. Don’t wait to file a lawsuit, as time is crucial in cases like this.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas