What can a collection attorney do after you file bankruptcy?

When you file for bankruptcy, an automatic stay goes into effect. The stay means that all collections activity, including legal actions, garnishments, calls, and letters, must stop. If a collection attorney continues to contact you in violation of the stay, he or she may be breaking the law. Learn more about what collection attorneys can do after a bankruptcy filing and what you can do if violations occur.

Exceptions to the Stay
While the automatic stay applies to most situations, there are a few exceptions. To determine if the collection efforts violate the stay, you need to understand first whether or not the stay applies to your circumstances.

  • Criminal proceedings do not stop because of a bankruptcy stay.
  • Some child support and alimony actions can continue after a bankruptcy filing.
  • Certain types of evictions may continue in spite of the automatic stay.
  • A collection attorney can still pursue you for debts you incur after the filing of the bankruptcy.
  • You still have to make your federal student loan payments and most tax payments.

In some cases, the bankruptcy court may terminate or modify the stay to allow creditors to pursue you for certain debts. If this has not happened, and none of these exceptions apply, you may be dealing with a collector who is pursuing you in violation of the stay. Your bankruptcy attorney can help you determine if you are experiencing a breach of the law.

What to Do About Violations
If a collection attorney contacts you and you believe it is a violation of the stay, the first step is to make sure the creditor is aware that you filed for bankruptcy. If the creditor was unaware of the filing, informing them should be enough to stop the contact and correct itself. If the collection attorney keeps violating the stay, your next step is to report this to the bankruptcy court, which can issue sanctions, such as attorney’s fees and fines, for intentional violations.

If neither of these steps works, you may have to file a lawsuit. A knowledgeable attorney can help you with this. The violation of the stay may also violate state and federal laws such as the federal Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

Bankruptcy can be a complicated process, and understanding what a collection attorney can and cannot do after a filing can be difficult as well. Contact an experienced attorney,  like a bankruptcy law firm in Oklahoma City, OK, in your area who can help you through it and protect your rights.

Thank you to the experts at MartinWren, P.C. for their input into bankruptcy law.

Amusement Parks Can Be Dangerous

Everyone loves the amusement park. This is where we have some of the most exhilarating fun. Parents, adults, and children may decide to visit an amusement park while on vacation or simply to have fun that day. What is not planned is somehow getting physically hurt while visiting the park. It is safe to believe that no one intends to get hurt when they go out to have fun at the amusement park. Unfortunately, amusement parks are as dangerous as they are fun. Because they are so fun, this would mean the injuries sustained should an accident occur might be extreme because the amusement park can also be very dangerous. In the event that you or someone you know has suffered an injury from an amusement park, there is a possibility that a personal injury claim can be pursued and you can be compensated for damages.

Duty of Care
Amusement park owners have a responsibility to follow safety regulations for their establishment to ensure that their guests and staff are as safe as possible. This would mean that the roller coasters and other rides must be properly maintained and routinely checked to ensure safety for those who decide to ride them. This is called “duty of care,” and if the amusement park staff does not uphold this duty they can be held responsible for whatever should happen regarding injuries and other damages.

Premises Liability
Premises liability is a form of liability that a property owner is held at to maintain a safe environment on their premises. This assists in avoiding the possibility of any injuries as much as possible. This responsibility covers the entire grounds and anything on it. This includes sidewalks, restaurants, crosswalks, restrooms, and all rides. The property owner is expected to ensure safety to the best of their ability to those participating in rides or just walking around sightseeing. Everyone should be protected.

Unfortunately, this is not always the case and injuries at amusement parks can range from minor to catastrophic. Just as the park is as dangerous as it is fun, your legal representation should be just as serious as your injuries. Speak with a skilled personal injury attorney, like a personal injury attorney in Dekalb, GA, regarding premises liability and the failed duty of case an amusement park may have displayed that led to you or your loved one’s injuries. With the right legal counsel, you may be able to hold the amusement park responsible and receive compensation for you or your loved one’s injury. 

Thanks to the law office of Andrew R. Lynch for their insight into getting compensation from an injury at an amusement park.

The Dos and Don’ts of Child Visitation Violations

The Dos and Don’ts of Child Visitation Violations

One of the most challenging aspects of divorce can be settling the details of co-parenting with your ex-spouse. Divorce usually has a serious impact on children when their parents cannot get along or manage visitation rights, and understanding how to proceed when those rights are violated might mean all the difference when it comes to your children’s emotional well-being.

Do Get a Lawyer 

Having legal counsel during your divorce can be helpful, especially when there are visitation rules to manage. When you first discuss them in court or arbitration, having a lawyer present may help you feel more confident and give you a better understanding of who to turn to if your ex should break any rules that have been laid out by the court. If any rights are violated after the divorce is final, you can contact your lawyer for advice about how to get your ex-partner to obey the visitation decree.

Do Not Withhold Visitation 

When your ex brings the kids back hours after the appointed drop-off time or is late picking them up, your first instinct may be to withhold visitation from him or her in retaliation. However, this tactic usually does more harm than good, especially for your children, who may not understand why they are suddenly being cut off from their other parent. Instead, speak to your ex and offer a gentle reminder about the rules he or she agreed to and if that fails, return to the court and ask the judge to alter the decree if it is not obeyed.

Do Motion for Contempt of Court 

If the details and regulations of visitation are laid out in your final divorce decree and your ex-spouse breaks them, you do have the option to file a motion for contempt of court. You can ask your attorney to file this motion after you explain your situation. For example, if visitation details decree that your ex cannot take your kids across state lines and he takes them out of town to visit family without your knowledge, this could allow you to file the motion.

Do Not Take Matters Into Your Own Hands 

Dealing with a non-compliant ex can be frustrating, especially where your kids are involved. However, it may not be wise to try and handle the situation by demonizing your ex-partner in front of your kids or changing the visitation rules on your own, Going through legal channels can be much more effective and allow you to act maturely and calmly, even if your ex is not.

Handling a child visitation schedule can be difficult, especially when you feel your ex-spouse is violating the decree terms, but knowing how to proceed can help you stay calm and focused on your children’s needs. Go online to find legal assistance, like a family lawyer in Collin County, TX, and schedule an appointment today.

 

Thank you to the experts at Scroggins Law Group, PLLC for their insight into family law. 

 

How to Make an Estate Plan When You’re Elderly

Head Injury Lawyer

There are many reasons someone may put off estate planning until they are elderly. They may believe that it is not important or even that they have nothing they could give their surviving relatives and friends. However, even if you have not accumulated a great deal of wealth in your life you likely still have important heirlooms you could give to loved ones. It is also important to write in bigger ticket items like any property you may own. Creating a will can even get other affairs into order. If you are interested in estate planning and would like to speak with trusted estate planning lawyers about your estate, please contact a law office now. 

What are the important things to keep in mind while planning my estate?

There are certain things you should remember as you plan your estate. 

  • Creating Durable Powers of Attorney. This is not a comfortable thing to think about but it is very important. You can create a living will or durable powers of attorney in case something happens to you, whether you are physically or mentally incapacitated in some way. If you are no longer able to handle daily decisions (like your finances or healthcare), you should consider durable powers of attorney. When it comes to personal matters like your health, you want the government to stay out of it. When you create a living will, you can use this to detail the exact kind of care you wish to receive at the end of your life. 
  • Creating a Simple Will. A will does not need many frills or fancy items on it. Whether you have expensive property or a few items you want to go to specific people, creating a simple will can ensure your items go where they need to. Additionally, any children you have under 18 may not go to someone you trust if you do not detail their guardians in your will. 
  • Creating a Living Trust. On the other hand, you may choose to create a living trust. This is a great option if you do not want your items to go through the probate process after you pass away. Not only is this time-consuming for the people you are gifting items to but it can even be costly. At any point, you can revoke a living trust (until your passing or incapacitation) and your successor trustee would take over. 

Creating an estate plan is no simple task and doing so without a lawyer may end up costing you and your loved ones more in the long-run. If you are interested in seeing how an estate lawyer in Phoenix, AZ can help you with your estate planning needs, please give a law office a call.

 


 

Thanks to Kamper Estrada, LLP for their insight into estate planning and where to start if you’re elderly.

Common Probate Mistakes

Probate is the legal process in which a will is proved valid in court. If you were named the executor of someone’s estate, you’re responsible for finding the deceased’s assets, paying debts and taxes and transferring the assets to the intended beneficiaries. The process can seem daunting and it’s normal to feel overwhelmed. However, it’s important to plan ahead and avoid making mistakes that cost time and money.

Here are several common probate mistakes:

Procrastinating
When you’re dealing with the death of a loved one, figuring out legal processes can be especially difficult. However, that doesn’t mean you should put off probating an estate. The majority of states have specific timeframes for in which the estate administration process has to be completed. If you miss the deadline, you could cost the estate extra money in taxes and other fees. It’s okay to take some time to grieve, but don’t wait too long to begin the probate process.

Failing to Communicate with Beneficiaries
It’s not a secret that the probate process can take a while to complete. All that waiting around can make some of the beneficiaries anxious. They may wonder when they’ll receive their assets. That’s why it’s essential to maintain constant communication with the beneficiaries. Try to give them updates every week, even if nothing has changed. Keeping the beneficiaries informed can help avoid any misunderstandings down the road.

Not Recognizing Non-Probate Assets
Not all assets are required to go through the probate process. Certain assets, like jointly held property and trust assets, can be distributed immediately after the descendant’s death. Failing to recognize non-probate assets can make the probate process drag on longer.

Not Maintaining Real Estate
Maintaining any real property the descendant owned is one of your major responsibilities. Keep the utilities on, ensure the property is insured and consider changing the locks. If the property gets damaged, you could be liable for it.

Failing to Hire a Probate Lawyer
As an executor, you’re not required by law to hire a lawyer to guide you through that probate process. However, working with an experienced probate lawyer is highly suggested. The probate process can be quite complicated, and a skilled lawyer can help you avoid costly mistakes. A reputable probate lawyer will help you through the entire process and take a lot of stress off your back. Before hiring a probate lawyer, ask him or her several questions, such as how many estates he or she has probated and how long he or she will take to finish the probate process.

If you need assistance probating an estate, consult with a reputable probate lawyer, like a probate attorney in Phoneix, AZ, as soon as possible. He or she can assess the entire estate and advise you on how to proceed.

Thank you to the experts at Kamper Estrada, LLP, for their insight into probate law.

What Should Motorcyclists Do In Truck Accidents?

When you are a motorcyclist who has been in a truck accident, we know you are likely devastated. Even the fact that you could walk away from an accident like this is incredibly unlikely. However, if you have suffered from major injuries after an accident with a truck and you are not sure who to call, you should speak with the trusted truck accident attorneys to see what they can do for your needs after an accident. We know that the shock of this type of accident likely will not wear off any time soon and any injuries you have sustained could take weeks, months, or years to heal. If you would like to see what we can do for you legally, please give our office a call.

Are truckers ever hurt in these kinds of accidents?
Absolutely. Although the truck is a much larger vehicle than your motorcycle, it is certainly possible that the truck driver also sustained minor to severe injuries from the accident. That said, the bigger the truck, the less likely they are to feel the impact and the more likely you are to experience most of the force of impact. Unlike a truck, a motorcycle provides its rider with virtually no safety. You cannot expect the same airbags or walls that you would get if you were driving a car, which is why it is also up to the rider to be as vigilant as possible when it comes to riding their motorcycles. 

Is it possible to avoid these collisions?
A truck, especially a semi-truck, will likely have a hard time seeing a motorcycle rider because they are much smaller and faster. Both the truck driver and the motorcyclist are responsible for maintaining safety and following rules of the road when they are driving. That said, truck drivers and motorcyclists should be doing everything they can to ensure they drive in a safe manner.

  • Avoid Driver Fatigue. One of the number one ways truck drivers get into accidents is because they are running on low to no sleep. Motorcyclists, too, should avoid riding for longer stretches.
  • Know Your Blind Spots. Be wary about the truck’s blind spots. They are larger than a motorcyclist and a motorcyclist should make their presence known, if possible, when attempting to legally pass a truck. 
  • Follow Traffic Signs. One of the most important things any driver can do is follow traffic signs. 

What kind of injuries can a motorcyclist sustain after a truck accident?
While many people may think that a motorcyclist is lucky to walk away from a truck accident, the motorcyclist may not feel so lucky. There are many horrible injuries that can leave a rider temporarily or permanently injured, including:

  • Broken or fractured bones
  • Broken spinal cord
  • Brain injuries
  • Bruises or lacerations
  • Internal bleeding

Whatever kind of injury you are facing after a collision with a truck, you should speak with a truck accident attorney, like a truck accident lawyer in Phoenix, AZ.

Thank you to the experts at Kamper Estrada, LLP, for their insight into truck accident law.

Refusing A Personal Injury Case

Refusing A Personal Injury Case

Personal injury attorneys do not always accept personal injury cases and there are several reasons why. Personal injury attorneys often offer free consultations. It is during these calls or meetings that an attorney will discuss the details of your case and determine whether or not they will take your case. Even in the event that you are very confident in your case and feel like you have a personal injury case that is easy to win, an attorney may decide it is not the case for them. Speaking with a skilled personal injury attorney as soon as possible will save you time in your search and also in figuring out if your case is actually worth pursuing. While every attorney has their reasons to refuse a case, here are a few reasons you may have a personal injury case declined by a skilled attorney:

  • Minor injuries: This is the most important factor in a personal injury case. Having major injuries builds a personal injury faster than not. This does not mean that minor injuries insinuate that a case will not succeed, but the more an individual suffers from injuries the better the case against the parties that are responsible for said injuries.
  • Statute of limitations: is when a claim has a specific time limit to be filed in court. If this date is approaching an attorney may refuse to take the case because there is not enough time to investigate and build your case in your favor. This is why it is best to speak with an attorney almost immediately after a personal injury is sustained.
  • Who is at fault?: If this is hard to figure out, an attorney may decline your case. This is because you may very well be at fault to some degree, which may make the case pointless. There is no one you can file against if you are also at fault, or someone will also be filing against you.

There are several reasons an attorney may refuse to accept your case, and they may even refer you to a different attorney, or advise you that your case is not strong enough. Either way, no matter the details, you should speak with a personal injury attorney as soon as you incur an injury to determine the potential of your personal injury case. Should you or someone you know suffer any form of personal injury, speak with a skilled attorney, like a Dekalb County attorney, as soon as possible.

 


 

Thanks to the law office of Andrew R. Lynch for their insight into refusing personal injury cases. 

What Do I Do if I Think My Co-Parent May Abduct My Child?

According to the charity, Child Find of America, 78 percent of familial abductions occur when non-custodial parents attempt to take children into their custody in ways that violate child custody orders or are otherwise illegal. In 82 percent of familial abductions, the abductors intend to affect child custody arrangements on a permanent basis. These realities can be truly frightening for parents who have reasons to believe that their child’s other parent may try to abduct them at some point.

It is important to understand certain warning signs which could indicate that a child’s other parent may eventually be inspired to attempt a so-called parental abduction. Abduction occurs when a child’s parent takes physical custody of the child in violation of court orders and the rights of another custodial family member. According to Child Find of America, parents are often inspired to become abductors after they have been denied visitation or are otherwise dissatisfied with a court’s custody ruling. Similarly, some become abductors when they are angry with their child’s other parent. Others become abductors when they are fleeing abuse. Assuming that your child’s other parent is not looking to flee from your abusive behavior, there are several things you can do in response to the potential threat that your child’s other parent may become inspired to abduct your child.

Prevention, Whenever Possible

If you are concerned that your child’s other parent is at risk of abducting your child, please speak with a family law attorney, like a family law attorney in Plano, TX, as soon as you possibly can. Depending on the details of your situation, you may have access to a host of legal tools designed to protect your child’s best interests. In general, you do not want to violate court orders in order to proactively protect your child. Seeking legal support will hopefully allow you to protect your child without putting you at risk of appearing to alienate your child from his or her other parent out of malice. Remaining in the court’s good graces whenever possible tends to be critically important when attempting to protect your child long-term. With that said, if you feel that your child is in immediate danger, contact an attorney and law enforcement immediately. Do not wait.

Legal Guidance Is Available

If you have concerns about parental abduction or child custody matters, please do not hesitate to schedule a consultation with an experienced family law attorney. Speaking with an attorney will not commit you to taking any action, but it will help to ensure that you receive the legal guidance and support you may need at this time. Few scenarios are more stressful than worrying about your child’s safety. Please consider connecting with an attorney in order to express your concerns and ask any questions you may have. After you have had a confidential consultation, you will be able to make healthy, informed decisions about your family’s unique situation.

Thanks to Scroggins Law Group for their insight into what you should do if you think your co-parent might abduct your child. 

Unpaid Tickets

Car Accident Lawyer

Receiving a traffic ticket or a parking ticket is almost as frustrating and unexpected as getting a flat tire. Much like the flat tire, you should take care of the parking or traffic ticket as soon as possible. In the event that you forget to pay a ticket, not only will you still owe the fine, you may be arrested and face jail time, as well as having to pay additional fines for being late or at least failing to appear in court. To make matters worse, in most places, should you fail to pay traffic or parking tickets by its due date, your driver’s license will be suspended. It seems small at the moment; sometimes these tickets can be as small twenty-five dollars. Unfortunately, these seemingly unimportant and small fees can lead to a heap of issues should you not pay them.

Should you decide to pay the ticket, all the information on how to make a payment should be on the citation you received. In the event that you wish to fight your ticket, the information on who to contact or where to appear should also be on the ticket. To prepare to fight traffic tickets or parking tickets, you will need to be prepared. This means, having all records readily available; this includes but is not limited to, any documentation that proves that the ticket may be invalid, a record of the people you spoke with in regards to the ticket, and of course have the ticket on hand as well. 

Laws vary from state to state and there are times where failure to pay a ticket only results in additional fines added to what you owe. Should you receive a traffic ticket or parking ticket, pay attention to its due date to avoid any additional fees. 

If you have any questions or concerns it is also ok to speak with a criminal defense or traffic attorney. Most traffic attorneys offer free consultations and will advise you on what is the best step to take. Should you or someone you know have a traffic ticket that has been unpaid, or that they would like to fight a ticket they received, speak with a skilled attorney in your area, like a Dekalb County attorney, to see what legal options are available to you. In the event that an arrest has been made due to non-payment, contact a criminal defense attorney as soon as possible; there may be a good defense for you.

 


 

Thanks to the law office of Andrew R. Lynch for their insight into what to expect with unpaid parking tickets. 

How a Personal Injury Chiropractor Can Help You Become Pain-Free

If you suffer from neck pain, back pain, or headache as the result of an accident, you would be well-advised to seek relief from a chiropractor for your injury. Doctors of chiropractic care can work to help relieve your pain and correct the underlying issue, so you can enjoy life instead of being in pain. Even if you walked away from an injurious accident thinking you were not harmed, you would likely benefit from a chiropractic visit to have your musculoskeletal health evaluated.

In many circumstances, the injuries suffered during an accident do not manifest fully until later—potentially hours, days, or even weeks later. Consequently, an evaluation from an experienced and knowledgeable chiropractor may reveal spinal problems that have the potential to develop into more significant issues at a later time.

Symptoms You May Experience After an Accident

If you experience any of the following symptoms in the aftermath of an accident, you would do well to schedule a consultation with a chiropractor in your local area right away.

  • Neck pain 
  • Lower back pain
  • Tingling, burning, or numbness in the limbs
  • Pain in the extremities
  • Lost range of motion
  • Dizziness
  • Blurred vision
  • Ringing in the ears
  • Headaches or migraines
  • Trouble focusing or remembering things
  • Issues with walking or moving well

When to See a Personal Injury Chiropractor 

A personal injury can develop from numerous causes. It can come from work accidents, violent attacks or assaults, product defects, motor vehicle accidents, or many other events. If you or a loved one are experiencing pain resulting from personal injury circumstances beyond your control, it is essential that you clearly understand the personal injury process. 

This can mean acquiring medical documentation from all your medical providers, including your chiropractor. These medical records document the extent of your injuries so that you have evidence of your need for care after an accidental injury. If you were harmed in an accident and another party is responsible, a personal injury attorney can protect your rights and best interests, while a chiropractor can provide the necessary medical documentation.

How a Chiropractor Can Help After an Accident

The first, and possibly most critical, way a chiropractor can help you after an accidental injury is by giving you a thorough physical examination. A personal injury chiropractor may take x-rays, use a wide range of diagnostic tools as needed, and perform a comprehensive exam to find out the extent of your harm. Once a chiropractic professional determines the amount and severity of the damage done from the accident, he or she can design a personalized approach to help you recover fully.

Chiropractic care can help the body’s innate healing process to work faster and more efficiently. Personal injury chiropractors perform a variety of treatments to aid healing, including:

  • Chiropractic spinal manipulation
  • Lumbar disc and spinal decompression
  • Electrical muscle stimulation
  • Hot and cold therapies
  • Therapeutic massage techniques
  • Prescribed corrective and rehabilitative exercise
  • Ultrasound therapy
  • Nutritional counseling
  • Nutritional supplement
  • Postural aids

Indeed, chiropractic treatment may be the ticket to get you pain-free and functioning fully after an accident-related injury. Contact a chiropractor for physical therapy in Gaithersburg, MD today to get help.

Thanks to Pain Arthritis Relief Center for their insight into chiropractic care and personal injury recovery treatment.