Different Chapters of the U.S. Bankruptcy Code

A six-month delinquency in paying credit card bills, mortgage, student loan or other loans would force creditors or a bank to consider an account as bad debt, a cause to have it referred to a collection agency, the job of which is to make the individual or business firm pay (often through harassing tactics).

Financial difficulties, however, which eventually leads to overwhelming debts, can be dealt with through the filing of Bankruptcy, a legal declaration of an individual’s or a firm’s incapacity to pay debts. This legal remedy was specifically designed to save debtors from crushing debts – to give them a brand new financial start.

As explained by the Bradford Law Offices, PLLC, there are different chapters under the U.S. Bankruptcy Code, each designed to address the specific financial situation of individuals, families or firms.

  • Chapter 7, also known as liquidation bankruptcy, enables a person or a firm to pay his/her debts through the liquidation of some of his/her assets. With regard to business firms, these will need to cease operations, as a court-appointed trustee sells or liquidates all assets owned by them. Residual proceeds, after having paid all creditors, will be returned to business owners.
  • Chapter 9, which allows municipalities – cities, towns, villages, taxing districts, municipal utilities, and school districts to reorganize.
  • Chapter 11, or business reorganization, the business owner usually acts as trustee (if the court does not appoint one); he/she also becomes a debtor-in-possession since the law allows continuous operation of his/her business.
  • Chapter 12, which is designed for farmers and fishermen with a regular annual income and who own the whole or more than half of the farming/ fishing business; and,
  • Chapter 13, which allows a debtor to make a three-year or five-year proposal through which to pay his/her debts.
  • Chapter 15, a bankruptcy filings that involves parties from more than one country.

The United States Courts says that filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

 

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You can Suffer from Burns due to Faulty Products, Workplace Injuries, and many Other Circumstances Caused by the Negligence of Others

Burn is one kind of injury that can be excruciatingly painful. It can damage layers of the skin, tissues and nerves and, if severe enough, can cause scarring, infection, loss of mobility, disfigurement, or even loss of extremities. Burns that affect the layer underneath the skin or the dermis are the most painful kinds of burn injuries because these directly affect the raw nerve cells of the dermis. The most serious, though, are those that affect the nerves, muscles and bones; these kinds of burns actually no longer cause any feeling of pain because the nerves have already been damaged.

Burns have different classifications, each based on how serious the injury is. These classifications include:

  • Third degree burn – damages the entire dermis and the nerves (the reason why third degree burn victims no longer feel pain). Due to the severity of this type of burn, it is necessary that the victims be given immediate medical attention.
  • Second degree burn – affects the dermis or the layer underneath the skin and causes swelling and blisters. This is also the kind of burn injury that is most painful.

It is recommended that second degree burns be soaked in cool water, rubbed with antibiotic cream and covered with a dry, non-stick bandage. The blister that may form should never be punctured.

First degree burn – though this affects only the epidermis or the skin’s outer layer (thus, considered minor), this burn injury still causes painful. Swelling can occur during the healing period, which takes about six days. Antibiotic ointment or aloe vera cream may be applied on the burned area.

Though most burn classification systems list down only three, some medical institutions include a fourth one or a “fourth degree burn.” This degree of burn injury is the most serious as the damage extends to the muscle and bones, thus, often requiring removal or amputation of the area affected.

There are times when people get burned due to the carelessness or negligence of some individuals. Many have already suffered this type of accident, especially in working environments where flammable substances are handled or stored.

It is always important for burn injury victims to get in touch with a lawyer immediately in order to know and understand their legal rights and options for the possibility of seeking compensation that should cover all the damages they are facing and will still be made to face due to the injury.

As explained in the website of the firm Spiros Law, P.C., “Burns to your body can come from either a source of electricity, heat, or flame. When you are shocked with electricity, the charges can leave a severe burn at both the point of entry as well as exit. Extremely hot objects such as steam and certain tools can also cause burns. Lastly, fire itself can leave your skin and underlying tissue charred and damaged. You can suffer from burns due to faulty products, workplace injuries, and many other circumstances caused by the negligence of others. If this describes an accident that has happened to you, resulting to harmful burns to your body, then you owe it to yourself to contact an experienced burn injury attorney immediately to discuss the facts of your case.”

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Fighting Against Foreclosure of Your Property

Between 2007 and 2014 the homes of around 4.2 million homeowners in the U.S. were foreclosed. Foreclosure, as defined by the U.S. Department of Housing and Urban Development, is a legal process wherein a creditor or mortgage lender, usually a bank, puts up for sale a loan collateral, like a house, to enable it to recover unpaid mortgages from a borrower. The process that leads to foreclosure usually starts after two to three successive months of delinquency in mortgage payment.

Foreclosure is either judicial and non-judicial. In judicial foreclosure, a mortgagee or creditor is required to file a case in court to start a foreclosure proceeding on a debtor’s property. The many months it will take for this procedure to be completed, however, will somehow works in a debtor’s favor as this will give him/her the chance to raise a legal defense which can save his/her property. There are a number of foreclosure defenses that have been resorted to in the past which have helped homeowners to save their property.

  • Servicemember on active duty. If your creditor filed a case in court to start foreclosure on your property, you are allowed to write the court to request for a postponement of the foreclosure proceeding. Protection against mortgage foreclosure is just one of the many types of protection provided by the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), for members of the military entering active duty.
  • Unconscionable (unacceptable) mortgage term. This happens when a creditor takes advantage of, misguides or deceives a borrower by designing a mortgage loan contract that is actually intended to make mortgage payment impossible, giving it the opportunity to seize and foreclose upon your property.
  • State procedures were not observed by foreclosing party. In a foreclosure procedure there are steps that the foreclosing party needs to observe, such as serving the loaner a notice of default and giving the borrower 30 days to make a payment after the notice of default has been issued. Failure to observe any of the steps required in the foreclosure procedure gives the loaned the legal right to defending against such foreclosure.
  • Foreclosing party cannot prove ownership of mortgage. There are times when the foreclosing party is not able to present ownership of mortgage. This is a common case wherein a mortgage contract has been purchased by different companies, so that ownership of the contract has passed from one owner to another.
  • Mistakes committed by the Mortgage Servicer. There have been times when a case (that will start foreclosure proceedings) was filed in court by a lender, only to find out that the bases for the foreclosure were actually mistakes committed by the mortgage servicer. These mistakes include:
    • error of crediting mortgage payment under another loaner’s name;
    • imposing very high fees or collecting fees not approved by you or by the creditor; and,
    • declaring a mortgage amount that is much higher than what you really are supposed to pay.

As explained in the website of the Bradford Law Offices, PLLC, depending on the exact nature of your situation and your own personal preferences, a number of different options for fighting Chapter 7 bankruptcy are available. These include the following:

  • Mortgage modification
  • Negotiating with lenders
  • Truth in Lending Act violation claims
  • Pursuing bankruptcy protection
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Subsys Spray Use, Dosage, And Risk Information

Subsys spray contains fentanyl, a drug used for treating breakthrough pain in cancer patients. Fentanyl is a type of narcotics analgesics. The website of Williams Kherkher reveals that subsys spray is 100 times more potent than morphine in providing pain relief. Fentanyl works in the central nervous system when relieving pain. Considering its potency and being subject to abuse, the drug is only made available with a doctor’s prescription.

It is worth noting that subsys is not designed to replace other fentanyl containing treatments. It is only available from a registered pharmacy under a special program. To be able to take the medicine, you must be registered in the program and understand the risks and benefits of subsys spray. You should stop using the drug if you are already being treated with a similar opioid pain medicine and your body is tolerant to it. Consult your doctor if you are not sure that you are opioid tolerant.

Inform your doctor if you are taking antibiotics or medicines for treating high blood pressure, heart rhythm disorders, depression, or viral infections. Fentanyl can interact with some medicines and can have drastic effects on your breathing. Fentanyl can slow or stop your breathing. You should never use it in larger amounts or longer than what was prescribed. Misuse of narcotic pain medication results to addiction, overdose, or even death.

It is also the potent nature of fentanyl that prompted doctors to only prescribe the drug to eligible patients and that appropriate dosage is administered. Recently, fentanyl users have filed lawsuits against doctors who improperly prescribe subsys to patients. Recent cases have also been directed towards Insys Therapeutics, the manufacturer of Subsys after it allegedly marketed the drug to the wrong patients. Such actions by the manufacturer as well as some doctors have resulted to injuries and death of the patient.

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Benefits of Asphalt Roofing Shingles

While what type of roof you want your house, office or building to have depends entirely on you, there are still certain factors that you will need to consider. These things may limit your option regarding the type of roofing system you can have, but definitely not the aesthetic design, color and, probably, material that you want your roof to have.

These factors include the roof’s life expectancy, strength (especially during natural disasters), material (whether it is Eco-friendly and recyclable), effect on the style of your house or office, cost and if it is allowed by local building codes.

Currently, the most common roofing material used for residential roofing applications in the U.S. is roof shingles, particularly, fiberglass-based asphalt roofing shingles. Roof shingles consist of individual overlapping elements, which are typically flat and rectangular shaped. These elements, which may be made of materials, such as wood, plastic, slate, metal, flagstone, fiber cement, and composite material like asphalt are laid in courses starting from the bottom edge to the top of the roof, each course overlapping the joints below. Besides contributing greatly to a building’s aesthetic appearance, roof shingles can be installed easily, are relatively affordable, and can last from 20 to 50 years.

As one of the referred roofing materials for homes, Asphalt shingles are relatively cheap, available in different colors and designs, and are the easiest roofing materials to install; some are even designed to replicate the appearance of wood shake, tile, or other more expensive type of roofing materials. Asphalt shingles are also Eco-Friendly, provides protection from ultraviolet rays (UV) and may pass Energy Star standards for a cool roof if these are coated.

Asphalt shingles come in two styles: 3-tab and architectural, also called laminated or dimensional. Compared to 3-tab shingles, architectural shingles are thicker, more durable, have various sizes and shapes. Due to constant exposure to bad weather, as well as too much sun, rain, hail, high wind, snow, and extreme temperatures conditions, however, its life expectancy of 30 to 50 years can be cut to 24 to 30 years – still longer compared to the 15 to 18 years life of 3-tab shingles.

Because these are thicker than 3-tab shingles (to provide better protection for your home and keep out moisture), architectural shingles necessarily cost more; these also provide more aesthetic appeal to your home.

In the website of Best Roofing, it is stated that the popularity of shingle roofing system has resulted to four out of every five homes being roofed with shingles. Also, once installed, a shingle roofing system requires virtually no regularly scheduled maintenance as is required with other roofing systems. Shingles can also be easily repaired if damaged and replacement, if necessary, involves only individual shingles instead of the entire field of the roof.

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