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The Advantages of Chapter 13 Bankruptcy

Chapter 13 bankruptcy is often their best option for debtors who decide to stop collection efforts from their creditors but still want to repay their debts. People who have fallen behind in their mortgage payments often choose this option because it allows them a chance to “catch up” before their home is foreclosed upon. Filing for Chapter 13 will stop the collection efforts of all the creditors that the debtor lists on the petition and it allows them a variety of options for repayment, if they meet the eligibility requirements.

Foreclosures are the biggest reason that most people choose Chapter 13 bankruptcy rather than the more attractive Chapter 7. With Chapter 13, homeowners who face foreclosure proceedings can halt the legal actions by choosing this bankruptcy option.

A court appointed bankruptcy trustee will act on the behalf of the homeowner to make provisions with the mortgage company. The homeowner is then allowed to make their monthly mortgage payments with an extra amount each month until they have caught up on their delinquent payments.

Another thing that Chapter 13 bankruptcy affords to debtors is the opportunity to repay secured debts over a period. Oftentimes, the payment plans reduce the amount of the monthly payment that the debtor was paying. While Chapter 7 is the most popular option in bankruptcy, many people choose Chapter 13 because they feel a moral obligation to repay their debts.

This type of bankruptcy gives them the help that they need to negotiate with their creditors. It also provides some “wiggle room” for repaying debts with a timely schedule. Psychologically, this form of bankruptcy is less detrimental to people’s self-images because they have fulfilled their financial obligations rather than simply having them completely discharged.

Chapter 13 bankruptcy is similar to entering into a debt consolidation loan, which is often an option many people exhaust before having their debts discharged by courts. Both instances involve the debtor giving the monthly payment to an appointed trustee. The trustee then relegates the payments to the creditors according to the agreement.

For purposes of getting a mortgage, many companies view both of these equally. In other words, a debt consolidation loan is the same thing as filing for Chapter 13 bankruptcy in the eyes of many mortgage companies. One advantage of these options is that the debtor does not need to have direct contact with the creditors who can have a significant negative impact on a person’s self-esteem.

Many debtors might choose to file under Chapter 13 bankruptcy because they have loans that required co-signers. With this type of bankruptcy, the third parties are protected from the creditors. This means that the creditors can no longer pursue either party in an attempt to collect the debt. They must deal with the trustee that the court appointed to the particular case if they have any questions or concerns.

Bankruptcy was designed to offer consumers a fresh start after getting into a tough financial situation. Some people, however, prefer to repay their debts due to financial reasons or moral obligations. For these people, the courts offer Chapter 13 bankruptcy as a viable option.

Not only does it require the creditors to stop contacting the debtor, it also protects homes from foreclosures and third parties from legal recourse. Chapter 13 has several advantages for those who are trying to honestly fulfill their obligations.

Mike Selvon is the owner of various niche portals. Our bankruptcy portal is a great resource for more information on the advantages of chapter 13 bankruptcy. While you are there don’t forget to claim your free gift.

The End is Near: Limited Liability Entities in New York State Must Act Today to Avoid Suspension

If you are an owner, member or operator of a non-corporate limited liability entity that either was organized pursuant to the statutes of the state of New York or that is duly qualified to do business in New York, time is running out. By this it is meant that you have only until May 31, 2007, to make certain that you fully are in compliance with certain new newspaper publication and filing requirements that went into effect in the state of New York.

Specifically, if your limited liability entity (LLE) either was either formed in the state of New York or qualified to do business in the state of New York between January 1, 1999, and June 1, 2006, you must make certain that your limited liability entity is in compliance. The new law permitted a grace period of until the end of May to get into compliance. The legislation requires any LLE formed after June 1, 2006, to meet the newspaper publication and filing requirement no later than one hundred twenty (120) days after formation or qualification.

The compliance process for your LLE actually is not that cumbersome or complicated. In order for your LLE to become compliant, the following steps must be taken:

1. The notice that is required of an LLE pursuant to the new law must be duly published in an appropriate weekly newspaper as described in that legislation for six (6) consecutive weeks.

2. Following the publication process as described above, a certificate of the publication together with the duly executed affidavits from the newspaper in which the notices were published must be filed.

The reality is that this process easily can require a ninety (90) day period to make arrangements for publication, undertake the publication process itself and to make the appropriate filing. If you have not commenced the compliance process we have outlined for you, you must make certain that this process is underway immediately or run the risk of becoming non-compliant.

In order to ensure that your LLE is in complete compliance in the future, you will want to make certain that you sign up for our authoritative email alerts and legal updates. If you have any questions or concerns about the compliance issues that have been discussed with you today, or any other issues regarding your limited liability entity, feel free to contact us for a consultation either by telephone or via e-mail.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com

Get Out of a Speeding Ticket Every Time

There is nothing more frustrating than getting pulled over by the local law enforcement officer for doing 72 in a 65 when you know you were only going 70. How do you convince this police officer to let you go and just forget all about the hefty speeding fine and the pain of having a bad mark on the driving record?

This is a difficult task to accomplish. There are so many factors at play involving a traffic stop that being able to get out of one is more of a guessing game than anything.

And, keep in mind, if that officer has it in mind to write a few tickets that day and your number is up, well, you are going to get a ticket, simple as that.

Now, there are some tactics that you can try. I cannot assure you that any of these will be successful or make the slightest bit of difference. All I can go by is what I have learned from working in the law enforcement field.

Understand that behind that uniform, badge and firearm is a flesh and blood human being just like everyone else. There are days when the officer goes to work in a terrible mood because the cat peed on the floor or junior drew a picture of daddy and mommy on the wall with shoe polish.

The demeanor of the officer, his/ her personality and mood have quite a bit to do with whether you will be donating to the city coffers or not. Do not think that giving it your all to get out of that fine will guarantee success.

Let me tell you how to get pulled over for speeding before we get any further. Yes, there is a method and procedure in getting pulled over. Well, at least there is a method that will give a bit of comfort to the officer pulling you over.

Now, as speeders, we get a bit selfish. We become upset when we are pulled over for something that we are guilty of. We come up with excuses; we complain that we were barely exceeding the limit and worst of all, we flat out lie. “Officer, my speedometer said I was going 55. I don’t understand why your radar says I was going 88. Maybe you need to get it checked.”

When you see those red and blues that make your stomach turn upside down, just relax. Pull your vehicle over as far as possible. The officer does not appreciate having to approach your vehicle walking down the center of the lane.

If possible, pull off onto a side street. Now, that doesn’t mean go for a scenic drive looking for the perfect spot so that everyone can not only chat politely, but enjoy the scenery as well. Police officers get unruly when they have to follow a traffic violator all over town before completing the stop.

If it is dark out, turn on your interior lights. The officer will appreciate this. You cannot imagine how nervous it can make a person feel to have to approach a vehicle in the middle of the night, your standing under street lamps and the suspect is hidden in the darkness of his vehicle. The officer will appreciate this, but don’t expect a hug.

Place both of your hands on the steering wheel in plain view of the officer so he can monitor you. This will give him a warm and fuzzy feeling deep in his innards, I assure you.

Once the officer arrives at your vehicle, he or she will immediately tell you the department he represents and then inform you of your infraction. The first instinct is to argue. “No way officer I wasn’t speeding/ swerving/ failing to signal/ failing to stop. I always obey the law. Check my records. You can call my insurance company right now; they will tell you that I have never been in an accident.”

At this moment, you should simply be digging through your glove box and retrieving whatever documents that the officer has requested. All of the comments and arguments will be statements that he or she has heard so many times that a seemingly scripted answer will be in store. Try it, see if I’m wrong.

The next step, as you hand over that expired insurance card, is to apologize. The officer probably is not concerned whether you are remorseful about this infraction, however, he will be stunned to hear you admit that you were in fact violating a traffic law. He will be dumbfounded that his radar/ common sense/ eye glasses actually were functioning at 100% capacity without a speeder needing to point it out.

He will take your documents back to his vehicle and make a few checks before returning. Upon his return, he will explain everything he has dug up. Now, there are so many cool little things that a traffic officer can site you for. Did you change that address on your driver’s license? Is that window tint beyond the legal limit? How about that reflector? Did you realize it was cracked? What do you mean your headlight is out?

When, and if he sites you after all of your politeness and cooperation, just smile, thank him for what he does and resume your trip. At this point, you can begin your flood of vulgarity or whatever it is you do to relieve the tension that has developed over the period of the stop.

If you receive a nice little traffic warning, well, feel free to extend your thankfulness of my offering of knowledge within this article by offering a monetary donation.

Be safe, be nice and don’t let these old nasty police officers make you crazy.

William “Cole” Doggett is an expert in knives and owns a successful Internet based website, Knife & Supply Company, LLC at www.KnifeSupplyCompany.com. His website is devoted to all things tactical law enforcement, military, outdoors and of course, Knives.

The Basics of Chapter 11 Bankruptcy

Corporations that get into deep financial trouble have the option of filing for Chapter 11 bankruptcy protection. This is basically the process of the courts ordering the company’s creditors to cease their pursuit of monies extended to the business in the form of credit.

This often happens because the company’s finances get mismanaged and the debt piles up until it becomes too overwhelming to repay. As a result, the court appoints a trustee to oversee the company’s debts and assets in order to help repay the creditors in a timely and efficient manner.

Corporate bankruptcy involves much of the same process that personal bankruptcy does. The main difference, however, is that creditors can force a business into Chapter 11 bankruptcy because it ensures that the court will take control of the finances.

When this happens, the creditors have a better chance of being repaid by the business. This type of business bankruptcy often allows the company to continue generating revenue for the creditors while the business gets its finances and assets in order.

When a business files for corporate bankruptcy in which its debts are greater than its assets, the stockholders receive nothing after the bankruptcy is completed. Essentially, they lose all rights that they had to the company and its assets. As a result, the creditors take control of the company in order to help it retrieve the monetary losses incurred by extending credit to it. This is also done to help save the jobs that the corporation provides and to help retain the profit-making capabilities of the business.

Although it is a good idea for a failing business, bankruptcy has many critics who feel that it is harmful to allow corporations to file for the court’s protection from its creditors. Many critics say that it is unfair for a company to continue to operate once it has filed for bankruptcy. The reason is that the company can cease paying its debts and use that money for improving the business.

As a result, the company has an advantage over its competitors because it has more money to unduly put into acquiring more customers, planning better products, and much more. Others say that Chapter 11 bankruptcy only perpetuates the problem of bad financial management in the upper tiers of the corporation’s executives. Filing for bankruptcy protection only adds to this problem by maintaining the practice of bad financial management.

The reasons for Chapter 11 bankruptcy vary among the different corporations in need of the services that it provides. Whether or not it is good for the economy, it is still a practice that does not go unused. This is proven by recent occurrences, such as K-Mart and WorldCom, in which major corporations filed for business bankruptcy protection in order to have their debts reorganized while remaining in business and creating revenue.

While it may provide unfair advantages and a continuing practice of financial mismanagement, it is sometimes a necessary method to save some corporations from a complete shutdown.

Mike Selvon is the owner of various niche portals. Our bankruptcy portal is a great resource for more information on the basics of chapter 11 bankruptcy. While you are there don’t forget to claim your free gift.

Chapter 7 Bankruptcy and You

Chapter 7 bankruptcy is the type of discharge that most people associate with the idea of bankruptcy. Chapter 7 is also the option that most people commonly choose because it offers a fresh financial start without the obligation to repay the debts that the debtor has incurred.

Although there are several other options that debtors can choose to deal with their financial troubles, Chapter 7 bankruptcy is ideal for people who have no way to repay the huge amount even with a repayment plan. However, according to the law, bankruptcy involves a variety of options and guidelines to help people make an informed financial decision.

Although Chapter 7 bankruptcy provides many people with bankruptcy alternatives and a new beginning concerning their finances, it is not a panacea for their problems. The courts do not just grant a complete discharge for debts without fully investigating the circumstances surrounding the debt. People who file for a discharge are obligated to undergo a “means test,” which is a comparison of the person’s monthly income to that of the state’s median income.

Due to the new law, bankruptcy petitions are subject to greater scrutiny than in previous years and they require the signature of a lawyer. Bankruptcy filings in the past year also affect the status of one’s petition according to the new guidelines. This helps the courts to decide if the person is even eligible for a complete discharge.

The new bankruptcy code guidelines are designed to discourage abuse of the system. If an investigation finds abuse, the court can cancel the bankruptcy or require the debtor to repay their creditors through other means.

Suspected abuse includes multiple bankruptcy filings or trying to get debts discharged immediately after an expensive shopping spree. In the end, the court and its officials make the final decision regarding a Chapter 7 bankruptcy before debtors are granted relief.

Chapter 7 bankruptcy is not the only bankruptcy alternative for a debtor. Other bankruptcy options, such as Chapter 13 bankruptcy, allow the debtor to repay the debts in a 3-5 year repayment plan set up by the bankruptcy courts.

The court’s trustee assesses the debtor’s income and debts and decides on a plan in which the money is taken directly out of the debtor’s income for the purposes of paying the creditors. This option is often settled out of court with the creditors and is often used as a means for debtors to save their home from foreclosure.

Before filing for Chapter 7 bankruptcy, the best thing you can do is to talk to an attorney. Maybe you can avoid bankruptcy. Bankruptcy attorneys are familiar with the entire process and can advise you as to your best options before rushing into such a drastic measure.

If the attorney feels that you should file, they will also tell you which chapter of bankruptcy is the most advantageous to your particular case. Whether you decide to file or not though, focusing your efforts on changing your behavior is best so you do not end up in this situation again.

Mike Selvon is the owner of various niche portals. Our bankruptcy portal is a great resource for more information on chapter 7 bankruptcy and the debtor. While you are there don’t forget to claim your free gift.

Obtaining a Provisional Patent

A provisional patent is somewhat like obtaining a placeholder patent. The provisional patent is an initial patent, that is similar to a regular patent and is subject to most patent infringement laws, but it will not turn into a typical patent with all the patent rights until the applicant takes additional steps. The U.S. Patent Office has high regulations regarding provisional patents and won’t hand over a provisional patent unless it meets U.S. Patent Office requirements.

A provisional patent is still protected under many of the same patent infringement laws as it becomes a matter of public record. This means that within a reasonable time frame the provisional patent holder still has the right to file with the U.S. Patent Office and obtain a regular patent.

Someone searching through provisional patents would have to wait until the provisional patent ran out before they could attain a patent for the same idea, otherwise they would be guilty of patent infringement. While it is not necessary to retain a patent lawyer in order to apply for a provisional patent, due to the time and costs involved with filing for a provisional patent that has already been obtained by someone else, many people hire a patent lawyer before proceeding, especially large firms and companies.

A provisional patent is not the same thing as patent pending, although it is similar and once again falls under many of the same patent infringement laws. Patent lawyers recommend filing for a provisional patent first in many cases if the patent desired has a high likelihood of becoming someone else’s very good idea. It is all a matter of timing with many patents.

The U.S. Patent Office generally only permits provisional patents for a short time before the provisional patent holder is then required to take additional steps to obtain a regular patent. If the provisional patent holder fails to do so, then the next applicant if free to file for a patent without violating patent infringement laws.

A patent lawyer can thoroughly explain all the details between a provisional patent and a regular patent. A patent lawyer can also determine whether a patent applicant is better served filing for a provisional patent first. It is not always in someone’s best interest to file for a provisional patent with the U.S. Patent Office. In cases where it is unclear what will best serve the inventor, a patent lawyer is highly recommended.

A provisional patent is only good for one year after the filing date, and in some cases can actually become detrimental to the inventor. There are laws regarding patent infringement, which are quite complicated and require a patent lawyer to interpret them, that require a patent application to present an idea that is completely novel and original.

Not all countries follow the same patent infringement laws and a provisional patent can potentially allow the leakage of information way too early for novel ideas that are destined for extreme popularity. Again, understanding the nuances of patent infringement law takes a well established patent lawyer and shouldn’t be second guessed by an individual inventor who may accidentally be risking their bread and butter based on a misinterpretation of patent infringement law.

Private inventors have confessed that hiring a patent lawyer was expensive, but not nearly as expensive as the mistake they would have made in filing with the U.S. Patent Office too early.

Premature filing with the U.S. Patent Office can be just as detrimental as not filing at all in some cases. Of course, every inventor is different, and some have a very thorough understanding of patent infringement laws. However, the U.S. Patent Office does change policies and patent infringement law is a living breathing entity with chronic changes and applicable differences that require professional interpretation.

A patent lawyer can explain the variance in the importance of filing dates for a provisional patent which can play a critical role in the successful transition from a provisional patent to a non-provisional patent. A simple lapse in timing can really create a loss for the patent filer. The U.S. Patent Office governs itself by a very strict set of rules which are likely to frustrate a would be first time patent holder.

Patent infringement laws are very stringent as well, and allows the U.S. Patent Office to be so tightly organized. This offers an equal playing field for patent applicants. Exceptions to patent infringement law would create patent pandemonium, which would be highly chaotic for inventors and potential patent holders.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com or call 1-888-311-5522

Taking it to Bankruptcy Court

The number of cases that people are filing in bankruptcy court is at an all-time high. With the average amount of consumer debt in the typical American household growing everyday, there is no end in sight.

People see bankruptcy as a new start for those who lost control of their finances due to one reason or another, but they often have no idea about the process that goes into filing bankruptcy or the long-term repercussions of doing so.

This is where bankruptcy attorneys are helpful. Without the help of bankruptcy lawyers, the entire process could be confusing and intimidating for the average person, so hiring help is highly recommended.

The rules and laws of any given bankruptcy court are governed by federal regulations rather than state regulations. While each state has its own laws regarding the process of filing and undergoing bankruptcy procedures, every state must follow the overall guidelines set forth by the federal government.

Once a person has hired a bankruptcy attorney and filed a petition with the courts to have all debts discharged through a bankruptcy, all creditors listed on the petition must cease any efforts to collect debts. The reason for this is that the bankruptcy court officials then handle the matter. If the proceedings are finalized and the debtors are granted bankruptcy, either their assets are liquidated to pay off creditors or they enter into a repayment plan, depending on which chapter of bankruptcy they are categorized in.

The best thing for a person to do when deciding to file bankruptcy is to seek out a bankruptcy attorney. There are many different laws and regulations involved in the filing process. Bankruptcy lawyers are familiar with specifics of the process and help ensure that the court treats the case fairly.

An attorney will also explain your options to you so you can decide which type of bankruptcy you want to file. In addition, they will typically accompany you to the bankruptcy court on your trial date and advise you throughout the entire process. Many bankruptcy attorneys will also put you on payment plans for their services for people who have no money saved for such an event.

Unfortunately, people often abuse the bankruptcy system by being financially irresponsible. More stories are being reported everyday about people who have filed for bankruptcy two and three times because they have learned nothing from their past mistakes.

Because of this abuse, the idea of bankruptcy has acquired a societal stigma that discourages those who truly need the fresh financial beginning that legitimate bankruptcies can provide. One of the advantages of bankruptcy lawyers is that they will accompany you throughout the process and add a sense of legitimacy to your claim.

Bankruptcy court can be an ordeal that takes a tremendous toll on a person, both emotionally and psychologically. Declaring that you have no money and no other options can negatively affect not only the way people view you, it can also have an impact on your own self-image.

People who are deep in debt often put off filing in bankruptcy court until they are certain that there is no other way out of their financial hole because of their pride or because they have simply exhausted all of their other possibilities.

Mike Selvon is the owner of various niche portals. Our bankruptcy portal is a great resource for more information on taking debt matters to bankruptcy court. While you are there don’t forget to claim your free gift.