Tag: US

Starting a bankruptcy law firm

For the last five years, the story of filing bankruptcy proceedings in the US has drastically increased. For instance, in May 2009, there was a 41.4% year-over-year increase in the daily bankruptcy filing rate. Each year, thousands of individuals and businesses file bankruptcy due to their inability to pay their creditors. However, as the US bankruptcy code is complicated enough, anyone who wishes to file for bankruptcy needs legal guidance in order to guide them throughout the filing process. Today, there are thousands of law firms across the US, but firms that specifically deal with bankruptcy cases are much better equipped and efficient to represent their clients interests before the bankruptcy court. So keeping in mind the circumstances and data, its evident that you may be beneficial if you start a bankruptcy law firm within your state. But before that you need to have the required legal expertise and know the steps that involve the formation of a bankruptcy law firm.

Instructions

1) First, you need to set up an office for your bankruptcy law firm. Whether its a law firm or a small business corporation, you need to set up an office in order to deal with your clients. It can be located anywhere in a commercial office park, in a virtual location or in your home. Even if you think to continue your business from your home, you still need a place where you can meet confidentially with your clients. Nowadays, many lawyers are making use of “Virtual office” for this purpose. Virtual offices are typically established in commercial office part. However, there is an advantage in using virtual office for your firm. You just need to pay for the time you spend in office, which is completely in contrast to paying a flat monthly payment for renting a space. Again, there are some other equipment that you need for your office like a computer, printer, scanner, copier, fax machine, telephone and other furniture.
2) Make sure you, your partners or other associates are sworn into the federal court of in district or region. As federal courts have exclusive jurisdiction over bankruptcy cases, a bankruptcy case cannot be filed in a state court. Therefore, if you or your associates have only been sworn in the state court, you wont be able to file or argue bankruptcy cases in the federal court.
3) Purchase some malpractice insurance, as these will cover bankruptcy proceedings for your firm. These days, most states require law firms to maintain a minimum amount of legal malpractice insurance. Here you should know one thing. Regarding insurance premium, even if you have opted for minimum coverage, the laws that your firm handle on a regular basis will assert the same. Therefore, you need to inform your insurance service provider that your firm is going to practice bankruptcy law. Otherwise, your insurance policy will be of no use.
4) Keep yourself and your associates informed about the latest bankruptcy laws, regulations and procedures. In order to do this, you can attend Continuing Legal Education (CLE) courses on bankruptcy topics or purchase bankruptcy practice guides and books from Westlaw or Lexis Nexis. You can also search the internet to learn about practical bankruptcy case studies and improve your skills.

Looking To Connecticut For Lemon Law Success

If we want to see the effectiveness of the Lemon Law, we need look no further than the state of Connecticut. In early October 2012, the Connecticut Car Lemon Law celebrated its 30th anniversary. And it did so with some pretty impressive numbers.

For instance, since its inception, the Lemon Law managed to return upwards of $60 million to Connecticut cat buyers in the form of refunds and replacement vehicles. Connecticut was the first state to ever pass the Lemon Law and very soon after that, many other states across the US followed suit.

It was a benchmark law for US consumers because up until that point, car buyers were only able to hold car dealerships accountable for faulty vehicles; meanwhile, car manufacturers were asked to hold no responsibility. Of course, Lemon Laws put a stop to this and freed car buyers of the hassle of spending time and money in courts as they sought recourse. After Lemon Laws began to take effect, it was the car manufacturer that had to answer to and solve the problems of defective parts and equipment.

Connecticut made sure the public knew about the power a Lemon Law could bring to them as consumers. It was quickly understood that refunds and resources to help those that had suffered from faulty cars did not exist, the Connecticut Public Interest Research Group (ConnPIRG) put their full support being the bill, written into action at the time by Representative Woodcock. A media spectacle was made of the law, including a press conference where lemonade (called “lemon aide” at the conference) to clue the public in to the issue.

The result? Support came from far and wide, including a large portion of bi-partisan majorities in the House and Senate. It was a landmark in consumer protection, one that continues to save people headaches and unnecessarily spent money today.

The sad thing is that many people assume that there is no recourse to be had when they purchase a faulty vehicle. But with Lemon Laws in place all around the country, there is help. if you feel that you have a lemon situation on your hands, look into what you need to do in order to file a lemon law claim in your state.

Connecticut is just one example of how the Lemon Law has worked for the public and it’s important to learn from the past, particularly when it comes to consumer protection.

Alienation of Affection Laws

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

The 5 Most Exciting Law Enforcement Jobs

There are hundreds of law enforcement jobs accessible, and whereas any job within the law enforcement field is certain to be fascinating, some jobs are a bit additional exciting (and nerve-wracking!) than others. Browse on for an inventory of the five most adrenaline-pumping law enforcement jobs available.

Special Weapons and Ways (SWAT) Officers

Special Weapons and Ways (SWAT) officers are highly trained police officers who handle extraordinarily high-risk operations that normal cops aren’t equipped to address. SWAT groups may be asked to provide assistance on drug raids, give extra security at high-profile events, conduct hostage rescue missions, and more. Due to the violent dangers they usually face on the duty, SWAT team members have special protecting gear and firearms, including armored cars and assault rifles. This law enforcement job is adrenaline-jolting and unpredictable. If you’re part of a SWAT team, you’ll never understand what to expect once you head to work.

CIA Clandestine Services Core Collectors

CIA Clandestine Services Core Collectors are the CIA agents who work abroad, collecting intelligence data from foreign sources so as to assist maintain US safety and security. These agents travel internationally and interact with a variety of folks in hopes of obtaining clandestine data that they can report back to CIA headquarters. The task involves travel, danger, and intrigue. For the most half, CIA agents are needed to keep their true identities and purpose hidden while on and off the job. Unlike most other law enforcement jobs, CIA agents have to stay what they do for a living a secret from almost everybody they know, including friends.

Federal Bureau of Investigation (FBI) Special Agents

FBI special agents, like CIA agents, are responsible for investigating and maintaining US security. In contrast to internationally-serving CIA agents, however, FBI agents generally work on the national level. FBI agents are sometimes assigned to one specialty, which may embrace fields such as foreign counterintelligence, organized crime, cyber crime, and more. Irrespective of what their specialty, all agents should pass stringent government security clearance necessities, as most are aware about classified government information.

Transportation Security Administration (TSA) Federal Air Marshals

The TSA is that the US government organization responsible for keeping each side of US air transportation safe, from airports to airplanes. TSA Federal Air Marshals are on the front lines of this mission to keep US air travel free of terrorist threats. These armed law enforcement officers serve undercover in airports and on passenger flights to confirm the safety of air travel out and in of the United States. Working undercover, a federal air marshal must discretely monitor his surroundings for suspicious activity. Air marshals would like to know regarding everything from aviation medication to close-quarters self defense. They are conjointly held to higher standards of firearm accuracy than any other law enforcement jobs agency. Being a federal air marshal could be a high-pressure job which requires masses of your time traveling and constant alertness.

Drug Enforcement Administration (DEA) Agents

Law enforcement jobs with the DEA support the US government in its war against drugs. DEA special agents are primarily responsible for serving to to enforce the US Government’s drug and drug trafficking laws. The task of a DEA agent involves helping to analyze and prosecute drug traffickers. This often means that working undercover whereas investigating suspected traffickers and collecting intelligence info to assist convict those people who are breaking US drug laws. Like the opposite jobs profiled here, DEA agents typically interact with dangerous individuals and can be put in unpredictable situations.

The Lemon Law In California – What Are The Consumer Benefits

Various states across US have different lemon laws. Lemon law California differs from those in other states. It is important to know the fine intricacies of Lemon law California. Lemon law California is also known as Motor Vehicle Warranty Rights Act. The California lemon law states that any vehicle purchase is a major consumer purchase. If such a vehicle turns out to be defective or if is found to cause serious injuries or even hardships to the consumer due to its defects, then a consumer is entitled to be made aware of his rights. Under the consumer rights if the defects or hardships are proved in the Federal court of law and if the vehicle is under warranty period, then a consumer can call for a lemon law suit.

Lemon law California and Federal warranty law protect consumers from being stuck with ‘Lemon’ automobiles, computer lemons and other defective consumer products. According to Lemon Law in California, if any car or computer is turns out to be a Lemon, then a consumer may be entitled to your money back, a replacement or a cash settlement.

According the Lemon law California, the owner of a motor vehicle or the owner’s designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer’s, converter’s, or distributor’s warranty agreement applicable to the vehicle. Any complaint regarding a lemon vehicle must be made in writing to the applicable dealer, manufacturer, converter, or distributor. The written complaint about a Lemon must specify each defect in the vehicle that is covered by the warranty. The owner may also invoke the board’s jurisdiction by sending a copy of the complaint to the board. Any case regarding the lemon vehicle, if not resolved by owner and dealer or manufacture privately is entitled for a hearing.

Before filing a suit for any damaged vehicle for lemon law California certain points must be ensured for proper proceedings in a federal court of law. All copies of documentation concerning the car and all the repair records should be kept in proper order. A track of details such as when was the vehicle serviced, where the vehicle was purchased from, from whom the vehicle was purchased etc. Technical service bulletins concerning the car should be called for. The VIN or Vehicle Identification Number for a lemon vehicle should be noted specifically. This VIN number is a series of 17 numbers and letters that are unique to each vehicle. It is located on a metal plate at the lower corner of the front windshield on the driver’s side. There are various attorneys who specialize in lemon law California such attorneys should be specifically consulted for filing any lemon law suit.

A vehicle report history should also be kept in order for any reference before filing the suit for lemon law California. A vehicle report history can be easily obtained from the internet. Various agencies provide free vehicle history report in California. A vehicle history report can be generated by providing the VIN to any of the websites pertaining to vehicles in California. The vehicle history report easily reveals any problems that might not be visible to untrained eye. This could be major damage from collision, fire, hail or water damage, odometer rollback or tampering, lemon or junk status, and much more.

Lemon law California states all the provisions to prevent a consumer from being stuck with a lemon. The best way to get rid of lemon car is to act and file a suit as soon as possible.