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Don’t Let The New Bankruptcy Law Scare You

Don’t Let The New Bankruptcy Law Scare You

On October 17, 2005 the world of bankruptcy law changed for the worse. Or did it? Is it really that much harder to file bankruptcy under the new bankruptcy law?
In the run up to the effective date of the new law, bankruptcy filings increased to record numbers in virtually every bankruptcy court district in the United States. Scary terms like “means test” and “bankruptcy credit counseling” seemed to drive people out of the wood work to beat the deadline.
After the law changed, many lawyers who used to file bankruptcy under the old law simply gave up filing bankruptcies because of a perception that the new bankruptcy law is overly complicated and time consuming.
Filing bankruptcy under the new bankruptcy is a bit more complicated and is certainly more time consuming, but with effective bankruptcy counsel, successfully restructuring your debt is still possible.
One of the most feared provisions of the new law is the bankruptcy means test. The bankruptcy means test is a calculation used to determine what type of bankruptcy a debtor might file. To simplify things, the bankruptcy means test requires a debtor considering bankruptcy to be matched against the median state income of the debtor’s state of filing.
Debtors who are over the median state income may have a more difficult time filing a chapter 7 bankruptcy and might have to file a chapter 13 bankruptcy which requires a monthly repayment to the bankruptcy court. The bankruptcy means test will not prevent a debtor from filing a bankruptcy; it will only help determine what type of bankruptcy must be filed.
Most bankruptcy attorneys are finding out that the majority of people considering bankruptcy seem to be under the median state income initially and mostly unaffected by the bankruptcy means test.
Another requirement that seemed to strike fear in the hearts of debtors and attorneys everywhere is “bankruptcy credit counseling”. The new bankruptcy law requires every debtor considering bankruptcy to complete bankruptcy credit counseling within the six months preceding the filing of the bankruptcy.
Most bankruptcy attorneys are finding that the counseling requirement has not been much of an issue. Most debtors choose to do a brief telephone counseling session and the maximum cost to the debtor is set by law and cannot exceed $50.00. For a list of available bankruptcy credit counselors, check BankruptcyCreditCounselors.com (www.bankruptcycreditcounselors.com).
Don’t let the new bankruptcy law scare you. If you need help, get help. Consult with an expert bankruptcy attorney in your area that offers free consultations to explore all of your bankruptcy options.

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What Happens If You Are Arrested Overseas?

What Happens If You Are Arrested Overseas?

When you are in a foreign country, you are subject to its laws, and American officials are limited as to how they can assist you. They cannot, for instance, represent you in legal proceedings or pay your legal fees or other expenses. They can, however, perform a variety of vital services, which include providing a list of attorneys, assisting in contacting your family in the U.S. if you wish it, helping you obtain money from family in the U.S., and monitoring your health and welfare and the conditions under which you are being held.

If you are arrested, immediately ask to speak to a consular officer at the nearest U.S. Embassy or Consulate. Under international agreements, the U.S. Government has a right to provide consular assistance to you upon your request. If your request to speak to your consul is turned down, keep asking—politely, but persistently.

Special warning about drug offenses abroad

Every year, several hundred Americans are arrested abroad on drug charges. Persons caught with illegal drugs in a foreign country are subject to the drug laws of that country, not those of the U.S.; as always, ignorance of the law is no excuse. In many countries, the burden of proof is on the accused to show that he or she is innocent of the charges.

Some Americans take advantage of an offer of an all-expenses-paid vacation abroad in exchange for carrying a small package in the luggage. When, to their surprise, they are caught, the fact that they did not know that there were drugs in that package will not reduce the charges against them.

Every aspect of a drug arrest abroad can be different from U.S. practice. For instance:

* few countries provide a jury trial

* many countries do not permit pre-trial release on bail

* pre-trial detention, often in solitary confinement, can last several months

* prisons may lack even minimal comforts, such as beds, toilets, and washbasins

* diets are often inadequate and require supplements from relatives and friends

* officials may not speak English

* physical abuse, confiscation of property, degrading treatment and extortion are
possible.

* persons convicted may face sentences ranging from fines and jail time, to years of hard labor, and even the death penalty

* penalties for drug possession and for drug trafficking are often the same abroad, so possession of one ounce of marijuana could result in years in a foreign jail

As with any arrest of a U.S. citizen abroad, consular officers perform a variety of services. But, you will basically be on your own. Don’t be stupid. Stay away from drugs.

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The Essence of Law

The Essence of Law

Law defined by the Webster dictionary is a ‘binding custom or practice of a community’. It is ‘a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority’. Each land has its own law but the sole purpose of law is to integrate people and ensure a cohesive bond amongst different strata of the society. Breaking law, thus, is synonymous to threatening the integrity of the land.

From the ages of lawless lands of jungle where nature ruled man’s lives to the modern-day courts – the journey of law, irrespective of its land of practice, is as rich and enduring as the journey of the mankind. Just as mankind is still growing, progressing and breaking new boundaries, the law that binds the mankind is also evolving continuously. Old rules are challenged; new laws are born ensuring the well-being of the land and the people who live off and on it.

The concept of law has been debated for ages – from the 1500s amongst the greats like Francis Bacon, Voltaire, Rousseau, Montesquieu to David Hue to the modern day judges and lawyers, law has been argued and reargued again and again so that all points of time – it is the victory of the mankind, what is good and just and not the victory of an individual. This law may vary from land to land but the basic human sense of justice and truth prevails irrespective of geographical boundaries. So in essence laws of all lands are more or less similar.

Law is symbolized by the blind-folded lady – the reason being law does not see who is in front of it, but practices it equally for all. Law can be categorized under many categories – Civil law for example laws related to land, property, families and societies, Constitutional law related to the constitution of the land, Criminal laws involving the laws to curb the criminal activities in the society, Human Rights, Environment, Administrative law, International law and so on and so forth. Based on the country, the judiciary system of law differs, the structure and the power assigned to the judiciary system also varies accordingly. In countries ruled by military power or under some monarchies, often the judiciary lies with the governing power and is not considered as an independent body as in many democracies.

Practicing law is very interesting. The best part of practicing law is that one can pick up law at any point of their lives. Unlike most professions, where you need to start very young, law gives you the flexibility to study and practice law at a later stage in life as well. The practicing lawyers generally specialize in one of the categories of law. How one practices law and how the law is upheld in a society depends upon people’s values of ethics and moral. The more law-abiding the citizens are, the better are the chances of prosperity for that land. However as St. Augustine had famously said ‘An unjust law is not a law at all’, while a law-abiding citizen must follow the laws of the land, he/she must also stand against the law that is unjust and immoral.

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Choosing One Among The Many Immigration Lawyers

Choosing One Among The Many Immigration Lawyers

When you have problems or issues related to immigration, it would do you good if you avail the services of immigration lawyers. Immigration laws are very complex and it requires one to be updated to know of any new laws applicable

There are many immigration lawyers who can provide you with such services, but there are only a few who are experienced that much and can give you the best immigration services that will yield a high success rate. Look for immigration law firms that have immigration laws as their forte, rather than merely a part of their list of claimed upon specialties.

Immigration covers laws governing U.S. citizenship, and the treatment of aliens who might want to live or work in the country. Issues of naturalization and denaturalization are also covered. Matters of asylum, deportation and immigration crimes are part of this. Immigration lawyers have put upon themselves the responsibility of specializing in this field of law, and devoting most of their practice in matters of immigration.

Immigration lawyers are preferably members of the American Immigration Lawyers Association (AILA). Being a member of such, they are updated of current laws regarding immigration. Checking if your short-listed immigration lawyers have records of being disciplined by the Board of Professional Responsibility of the state bar, you will have some background about them.

One should also note that since immigration law covers such a broad area, one should choose those immigration lawyers that have substantial experience in a specific category – as asylum or employment or deportation or what have you. Ask some background on the cases handled by these immigration lawyers you are trying to check, and ask if how he initially sees your case to be. Having such a conversation would give you an opportunity to evaluate the level of comfort you have with the lawyer, and whether he is someone you feel can serve your case best.

Immigration law is basically the same from one state to another, thus the location of these immigration lawyers are not that critical. Immigration law is federal in nature and mainly involves an administrative process wherein appearing personally in court is not a common practice.

In the end, you will benefit from the legal services of an experienced immigration lawyer. The longer he is in practice relating to immigration laws, the better he is to evaluate and handle your case. Get the best immigration lawyer you can, with the budget you can work with – surely the better the lawyer is, the more expensive he is. But surely, with his services, the less hassle it will be for you and the greater your chances of winning your case.

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The Responsibilities of a Trademark Lawyer and Finding Them

The Responsibilities of a Trademark Lawyer and Finding Them

A trademark lawyer is qualified to handle cases related to trademark law and trademark practice. Trademark lawyers are regulated often as professions. They can pass a batch of examinations on various trademark cases to comply with the requirements while maintaining professional standards and ethics to ensure a formal registration being a trademark lawyer.

Typically, this position under commonwealth jurisdictions which include New Zealand, the United Kingdom, and Australia should meet some qualifications to be called as trademark lawyers. The qualification is called “protected” or “exclusive” title. However, in the United States, this specialized examination is not required.

Trademark registrations require comprehensive knowledge about its procedures and laws. Using the services provided by trademark lawyers is recommended. They can give you advice regarding the different aspects of trademark applications and services. Their roles include:

1. A trademark lawyer is responsible for helping you choose a trademark of a certain product or slogan of a trademark. He is also responsible for ordering a search report in connection with your trademark. After getting the results, he will provide you with counsels if using your proposed mark is safe. He will also entertain your questions and inform you about the cost of registration, getting a trademark, and how a logo or slogan became trademarks.

2. A trademark lawyer must help in drafting your trademark application. He should give special attention on the product’s description. This is important during your trademark registration.

3. A trademark lawyer ensures that your application is complete. He must review the drawing page and specimen to determine if they comply with the USPTO requirement. Slight differences of the specimens are apparent and depend on whether it is a trademark slogan, product name trademark, or trademark logo.

4. A trademark lawyer must be able to communicate well with the USPTO. This is essential when answering any objections from the USPTO lawyer regarding your trademark application. Your lawyer must write briefs which address the initial objections upon trademark registration.

5. A trademark lawyer is ready to advise you in all aspects of trademark filing and registration. You must learn about trademark searching, online trademark searching, trademark costs, and steps on getting a trademark through trademark FAQ reviews.

6. Moreover, a trademark lawyer can counsel you about handling situations including receiving desist and cease letter. This letter is written if one party believes that his or her trademark is infringed. Your lawyer should evaluate desist and cease letter and offer you the needed assistance.

There are many resources wherein you can look for the lawyer’s names such as online directories and yellow pages. You can also ask your friends to find a good lawyer. But besides your effort, you failed, then it is recommended to visit the referral services of the state bar lawyers.

Finding a trademark lawyer is easy but to find the best needs more effort and time. If you get a lawyer who is a beginner or never practices his field of specialization for quite sometime, then expect that your case is a gamble. A new lawyer is still unstable and is not be good enough to handle tough cases.

You can ask the help of a lawyer whom you trust to find the best trademark lawyer. The importance never solely lies on the lawyer’s name but on the quality of services he can provide. A trademark lawyer is in a good position to be confident enough that your case is well handled as expected. Try finding a trademark lawyer in your area who has the skills in handling trademark related cases. If the lawyer rejects to handle your case, he could probably suggest another good lawyer perhaps.

However, you need to know that lawyers often receive “referral fees” especially if they send trademark cases to law firms or another lawyer. The amount must be significant, it is about one third or one fourth of the total amount paid to the lawyer who will handle your case. This will motivate the lawyer to give you important information regarding a good trademark lawyer. You can ask the lawyer if he is going to ask for referral fees first to become comfortable when asking. Finding the best trademark lawyer is not difficult at all. By asking decisively and eagerly, it is not impossible.

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Disability Discrimination Act

Disability Discrimination Act

The Disability Discrimination Act makes it unlawful to discriminate against people in respect to their disabilities in connection to employment, education, provision of goods and services, and transport. In the late twentieth and early twenty-first century, several countries have passed laws focused at reducing unjust discrimination against people with disabilities, these laws started to appear as the concept of civil rights which has become more significant globally. The law follows other forms of anti-discrimination and equal opportunity legislation intended at preventing racial discrimination and sexism which started to surface in the second half of the twentieth century.

A UK parliamentary act of 1995 on Disability Discrimination departs from fundamental principles of older UK Discrimination Law such as Sex Discrimination Act 1975 and the Race Relations Act 1976. The core concepts of the UK Disability Discrimination Act are: less favorable treatment for reasons related to a disabled person’s disability; and the failure to make a reasonable adjustment.

Reasonable adjustment is the radical perception that makes UK Disability Discrimination Act very different from the older legislation. This idea focuses more on an active approach that necessitates employers, service providers, and others to take strides to remove barriers from the participation of disabled people, such as employers providing accessible IT equipment, or shops making their premises accessible to wheelchair users.

The Codes of Practice of the Disability Rights Commission give more information to organizations with duties on assessing whether a certain adjustment is reasonable. Generally, the factors to consider include: whether the planned adjustment would meet the needs of the disabled person; whether the adjustment is affordable; and whether the adjustment would have a severe effect on other people.

Occasionally, there may be no reasonable adjustment and the outcome is a less favorable treatment for the disabled person such as a person did not understand the implications of entering a loan or mortgage agreement and did not have anyone authorized to act for them, it would be senseless for a bank or building society to enter into the agreement. Consequently, the Act permits service providers and employers to justify less favorable treatment and in some cases failure to make reasonable adjustment in particular situations.

There is no doubt that the public part can make a true difference to the lives of disabled people, many of the services given by the public sector are of serious importance to disabled and many of this services are only provided by the public sector. Through leading the way in guaranteeing fair treatment to people with disabilities, the public can do a big difference to the enhance a better way of living for disabled people. The Disability Discrimination Act ensures all the activities by the public sector and introduces a new positive duty on the public’s part to eliminate discrimination and harassment of people with disabilities as well as promote equality of opportunity for them.

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Real Estate Training Guide- How to become a successful real estate agent

Real Estate Training Guide- How to become a successful real estate agent

Real estate training is essential for the people who want to become a successful real estate broker. It helps them to learn all about real estate business. Real estate business requires some time, some basic knowledge of the business and skill to perform all transactions. Real estate business will be one of the good carriers for a hard working person. Real estate training suggests them all the ways to achieve their goals.

License is the basic requirement to become a real estate agent. Even it is an essential thing to conduct real estate business. Real estate Internet is the best option to join real estate business. Some states provide online training courses that will help you to complete pre-license requirements. Before joining real estate business people should satisfy some pre-license requirements. They should; be of at least 19 years, be managed a proctored exam, have high school diploma or some equivalent to it, pass a state exam, have completed a least approved course.

Generally real estate training gives some guidelines to understand some real estate basics. They can easily learn about ownership transfer, real estate law and math with the help of real estate training. They are taught how to deal to with real estate transactions during their course. Real estate training enables them to understand the tips and tricks of the real estate contracts. People who want to join some state approved courses should have initial license.

Anyone can be a successful real estate agent after completing real estate training. They can run a successful business only if they have great professional habits, good salesmanship and the enthusiasm to learn more about real estate. Real estate business requires great working skill.

People can learn about real estate business with some related books. They can also join some online courses that provide information via Internet. Nowadays several people are making money in real estate business. Real estate brokers should be kind, knowledgeable, efficient as well as trustworthy. They should know the skill how to attract more customers. They can also take some suggestion from the experienced real estate agents.

Real estate business may be wonderful business but only thing that it requires real estate training.

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Estate Planning To Reduce a Challenge to a Will

Estate planning attorney San Diego and Probate Accordingly, When the estate owner passes away, some just many people have the capacity to challenge the will she or he leaves behind to include a small circle of the loved ones and dependents, says An estate planning attorney in San Diego. Difficulties are typically not possible with prolonged family members that are not part of the procedures or if the share is given is not sufficient.

The celebrations involved in challenging a will are generally those directly impacted by the estate such as the enduring spouse and kids. Other dependents on the estate owner might have a stake, but this might depend upon the state laws and how close they were to the deceased. Those that should acquire due to blood relation or close dependent relationship may have a valid challenge if the will be altered however was not recorded with a lawyer. Some documentation lost before the death may resurface or need a problem to ensure the acquired products are in line with what the estate owner desired right before she or he passed away.

Prospective Challengers to Your Estate Plan

If the matter goes through probate, the only individuals that might offer a valid challenge are the interested parties. These potential oppositions should have a legitimate legal reason for providing the problem on the will. These parties may include per the Probate Code as kids, successors, devisees, surviving spouses, any involved lenders and if somebody has a residential or commercial property right, issues a claim against the departed or somebody administering the estate. A successor does not necessarily need to have a blood tie to the deceased estate owner. Those that challenge typically remain in among three included categories of recipients of a previous will in composing, these individuals of a subsequent documented will or successors with the estate.

Poor Estate Planning Attorney and The Contesting of the Will

The majority of states need specific procedures to exist or take place before the obstacle might continue. One primary concern is the standing of those attempting to contest the contents of the last will. Those with reputation are usually any called on the will such as a beneficiary or another individual that may acquire something or lose something through the will terms or if the challenge is successful. The standing of those impacted is the initial requirement. These individuals should prove that they have to stand by inheritance or to get something from the will to include cash or property. When the standing is known, the procedure may proceed to the next stage.

Visit Probate and Estate Planning Attorney Steve Bliss Here:

The Law Firm of Steven F. Bliss Esq.
3914 Murphy Canyon Rd.Suite A202
San Diego, CA 92123
Phone: (858) 278-2800
Fax: (858) 268-8664

The Beneficiaries and Heirs Explained

In the usual circumstance, all beneficiaries have standing and the ability to challenge the will. This is possible even if the recipient is not a blood or wed relative of the deceased estate owner. A beneficiary is somebody named on the intention to inherit something, and this could consist of anybody connected to the estate owner in any way to include friends, a charitable organization the individual liked or worked with, animals and somebody without any association to the household. The estate owner could leave his/her company to a supervisor that the family does not understand. He or she might move a big part of cash and precise specifications to a beloved animal.

Heirs have a valid and rightful standing as those that will receive something even if the estate owner dies without leaving a last will or testament. Heirs are the most common in those that are recipients together with also having some relation or relationship with the deceased. These parties are usually the kids, grandchildren, moms, and dads of the departed, grandparents and siblings or sibling. In many cases, this might extend to cousins, aunts and uncles and married celebrations. Any heir left without a part of the estate or less than is fair may challenge the will.

Minors in the Family

Some children that are underage might propose a challenge to the will depending on the laws. However, these parties should reach the age of majority in the state before the problem stands. This might hold up the estate inheritances or trigger the already paid out total up to alter if the small wins his/her claim in court. These celebrations are frequently children of the departed or the grandchildren born before the estate owner died.

The Estate Planning Lawyer in a Challenge to the Will

To start the challenge, the individual with standing will require a lawyer to help through the contestation. The attorney may need to seek advice from the person to identify why he or she issues the obstacle and what the goal of this person is at the outcome of the case.

Remember while anyone can challenge a WILL, it take a great estate planning attorney to help mitigate such occurrences, contact Steve Bliss ASAP!