Unsecured Debts and Chapter 13 Bankruptcy

Filing for bankruptcy under Chapter 13 is not taken lightly. As pointed out on the website of Erin B. Shank, P.C., you will be obliged to attend credit counseling prior to filing, but this is a good thing. It basically means that you are willing to pay off your debts but are unable to do so fully under the present circumstances. This could mean that your income is low, your interest rates are high, or you simply have too much debt.

One of the major causes of the last reason can be attributed to unsecured debts, primarily credit card debts and student loans. Under Chapter 7, most or all of credit card debt is dischargeable, which is why many people would like to (but are ineligible) to file that type of bankruptcy. Student loans are nondischargeable (except in very few exceptions) under any type of bankruptcy, but under Chapter 13 bankruptcy, it is possible to discharge a good part of your credit card debts because it is considered a nonpriority debt.

A nonpriority unsecured debt is at the bottom of the list in most repayment plans under Chapter 13. The payment to these debts is based on whatever remains of the disposable income after secured debts and priority unsecured debts (child support, student loans, etc.) are paid in full. Disposable income is the difference between your income and reasonable family maintenance and support expenses. In many cases, there is nothing left to pay for these nonpriority debts which include but are not limited to credit card debt, utility bills, personal loans with no collateral, union dues, and selected tax debts.

Determining what part of the nonpriority debt you will include in the plan will depend primarily on two things: how much the creditor would have gotten under Chapter 7; and how much your disposable income is. However, the debtor must commit all disposable income to a repayment plan for at least three years for those whose income is below the median family income of the state and up to 5 years for those who earn more than the median.

To find out more about the consequences of filing for Chapter 13 bankruptcy in Texas, talk to an experienced bankruptcy lawyer in your county.

What Can You Do About Aviation Accidents?

2014 was not a kind year to those who have a fear of flying. There has been some devastating news as of current events on the aviation accidents that have resulted in one year alone. With one entire aircraft completely missing, one passenger plane shot down over war-torn Ukraine, and one ripped out of the sky, presumably by stormy weather – any and all fear of flying as a result of these incidents is more than justifiable. There is no repairing the hurt brought by these incidents and there is no replacing what so many families have lost due to these incidents. It does not mean that those who have lost so much in an aviation accident are condemned to just mourn. It is the promise and responsibility of airlines and their crews to ensure maximum safety for its passengers. Should there be any injuries or fatalities as a result of negligence, it is well within the right of the bereaved to press charges or file a legal complaint against all those who are responsible for the accident. There is very little that can be done to soften the blow that can only be the consequence of a plane crash or any other sort of aviation accident. Sometimes, the fault is in the manufacturing of the aircraft itself or, as it has been reported in some cases, there have been pilots who were under the influence of alcohol when taking the wheel of the aircraft. There are probably a plethora of reasons as to why an aircraft would fail and cost so deplorably. Every measure is taken in order to guarantee the safety of all those who board a plane and so the reason as for failure during flight is usually a result of negligence. This is an inexcusable reason. If you are looking for justice with regard to an aviation accident, it is advisable for you to seek legal counsel comprised of dedicated and intelligent professionals who can get you the result and recompense you deserve after what is certainly a trying time in your life.

Children and Car Accidents

The most tragic thing about preventable car accidents is when child passengers are involved. According to the Web-based Injury Statistics Query and Reporting System of the Centers for Disease Prevention and Control (CDC), car accident injuries are the top cause of death in children in the US. In 2011, 650 children 12 years old and below died and in excess of 148,000 were injured, and many of these injuries could have been prevented.

The CDC states that strapping children into age-appropriate safety equipment (car seats, booster seats, seat belts) reduced their risk of injury in case of an accident by as much as 71%. One-third of children who die in such incidents are not properly restrained.

According to the website of the The Benton Law Firm, physical injury is not the only consequence of children involved in serious car accidents. Many of these children suffer from posttraumatic stress disorder (PTSD); some are unable to go back into a vehicle without experiencing fear, a phobia that may persist into adulthood. As pointed out on the website of the Williams Kherkher Law Firm, the costs for medical treatment, rehabilitation, life care and psychiatric counseling of a seriously injured child can mount up alarmingly, especially if their injuries are permanently disabling.

Safety gear can only do so much to prevent injury to children in car accidents. In some cases, it is the negligent actions of third parties such as drunk driving, distracted driving, or speeding that lead to a child getting injured. A Fort Worth car accident lawyer would be better able to explain about negligence and their consequences.

If your child has suffered grievous harm in a negligent car accident, you have every right to demand compensation. Contact a personal injury lawyer in your area to find out if you have a case and how to file a lawsuit against the responsible parties.

The Wrong Place at the Wrong Time

Isn’t it a fact that many accidents are a matter of chance? If you had not been on that particular spot on a New York street in that very second, then you would have avoided that grease slick and serious brain damage. You also would have no need for a New York slip and fall accident lawyer or a feeding tube. Being at the wrong place at the wrong time happens all the time.

However, property dangers are not a result of accident; they are a matter of negligence. For example, if the property owner had posted warning signs about their slippery sidewalks and taken reasonable measures to prevent slips, no one would have gotten hurt. It is the responsibility of the property owner to make sure that people who have a legitimate reason to be on the property are safe from foreseeable dangers; the failure to live up to this responsibility can make them liable for any injuries that result.

Property owners are also liable if they knowingly expose people to toxic substances. For example, if the owner is aware that significant amounts of asbestos are being released into the air from old insulation but does nothing to address the problem, the owner can be held liable for the costs associated with a tenant or employee developing mesothelioma or other asbestos-related medical conditions. According to the website of Williams Kherkher, toxic exposure may take years to develop but this does not lessen the owner’s premises liability.

Owning property has its perks, but also its drawbacks. Property owners need to take reasonable care to ensure the safety of the public from property dangers. If you have sustained serious injury because of unsafe conditions on someone’s property, you may be able to sue the owner to recover medical expenses and other pecuniary losses. Find out more by asking an experienced premises liability lawyer in your area.

What’s with Dangerous Pharmaceutical Products?

Hardly a day goes by that there isn’t something in the news about dangerous pharmaceutical products being developed, being approved for this or that condition, indicated in serious side effects, allegedly caused the death of patients, under review, recalled, under litigation, and so on and so forth. It is a wonder that these drugs are still in the market, but strangely enough the Food and Drug Administration (FDA) even expands the use of some dangerous drug that is currently under litigation. The press announcement comes with the appropriate warning, but still….

Drug companies make a lot of money from prescription drugs, which explain why they keep pushing them even if they may be dangerous, and even if they have to settle lawsuits for it. Patients often have little choice in the matter because the benefits of these drugs are believed to outweigh their drawbacks. Physicians rely on the literature that come with these drugs to make their judgment calls, which is why drug manufacturers often get into legal trouble when they fail to adequately warn the public about the risks of side effects, such as in a lawsuit.

According to the website of law firm Williams Kherkher, the FDA issues warnings about such side effects, but unfortunately this often happens after a significant number of complaints have been filed for a specific drugs, such as anti-epileptic medication Topamax. By then, it is too late for the victims. They do have recourse to litigation, but it would be much better if the focus was on prevention rather than compensation.

In the real world, compensation is typically the only recourse when it comes to dangerous pharmaceutical products. If you have sustained serious injury because of undisclosed risks or defective formula of a prescription drug, you need to consult with a product liability lawyer in your area.

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