The point of filing a bankruptcy, most often, is to discharge debt. What debts are discharged and what debts are not? A bankruptcy discharge means that the legal obligation to pay a debt is wiped away. For all intents and purposes, the debt is gone. This applies in a Chapter 7 to most unsecured, garden [...]
Personal Injury – Preexisting Injuries and Conditions
“Bad things happen to good people.” That’s the slogan. But, what if they happen twice? You suffer an injury, and while on the mend you have an accident. Or, you have a medical condition worsened by an accident. Now what? Basic Law on Preexisting Conditions A person with a medical condition that is exacerbated by another person’s [...]
Bankruptcy: What To Take To Your First Meeting With Attorney
Gather Documents Place all your bills in a folder. Many people don’t even like looking at bills. That’s OK. Stack them in a folder and let the attorney do the rest. Get copies of the last two years’ income taxes including W-2s, 1099s and other attachments. Gather all pay stubs for the last six months. If you have direct deposit, the itemizations [...]
Why not to Wait in Filing a Personal Injury Claim
Letting the clock run on legal claims rarely helps. Statutes of limitations require a case to be filed in a court with proper jurisdiction within a given time after an injury or the claim is barred forever. Such statutes generally vary from one to three years – three years in the jurisdictions in which I [...]
Fools In The Law
For April Fool’s Day, I devote my newspaper column to what I call “Fools in the Law”. Here’s my 2012 edition: A law was proposed this year requiring all new legislation introduced in New Hampshire “shall include a direct quote from the Magna Carta”. House bill 1580 had three sponsors, one of whom admitted he [...]
Personal Injury: Claims Against The Government
Government Immune to Claims The concept of ‘sovereign immunity’ historically shielded government entities at all levels against liability, meaning they could not be sued. “The King can do no wrong” is the way it was put in the distant past. Even though there was no King in the United States, sovereign immunity persisted for centuries. [...]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the radio station, losing control and [...]
Personal Injury: Do Not Give Statements WIthout Counsel
After an accident, insurance companies persist in trying to take statements. It is how a claim is documented. You do have a duty to cooperate with your own insurance company. And, it is a good idea to cooperate with the insurance company for the person or company that caused an injury. So, definitely let [...]
Bankruptcy: What Will The Trustee Ask?
A creditors meeting is held approximately 30 days after filing a Chapter 7 or 13 bankruptcy petition. But, despite the name, creditors often don’t show up. More important is preparing for questions by the trustee. Take your driver’s license or other government issued photo ID and social security card. Failure to bring those items can result in rescheduling. The trustee examines those items. One [...]
Are Taxes Voluntary
Question: While everyone else is running out and filing their taxes, I keep telling them that I’ve heard that there is no actual law that makes people file taxes. Filing taxes is voluntary. So, where is the law that makes people run out and file their taxes? This is one of those great [...]
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