Blog Blog Copyright by en Wed, 19 Sep 2018 13:28:05 -0400 An In-Depth Look at the Process of Chapter 13 Bankruptcy Filing for bankruptcy is a step that must be taken after thorough consideration and deliberation. It is an official declaration that your liabilities have exceeded your assets and you cannot pay back your loans or meet other financial obligations.

When filing for bankruptcy, you can either qualify for chapter 7 or chapter 10. However, the latter among the two is more complication to understand because of the complexities involved. In this post, we have discussed the bankruptcy process of chapter 13 in detail. Continue reading to know more about it:

A Brief Overview

In this type of bankruptcy, instead of surrendering from the loan, the borrower drafts a new repayment plan and presents it to their creditors. It is a revised plan with altered payment conditions as compared to the original ones. Here is how this process begins:

Step 1: Filing of Petition

It is the first step of filing for chapter 13 bankruptcy. In this step, the borrower/debtor files for a voluntary petition. It is important to note here that filing payment plan and schedule may not be necessary here; it can be done at a later stage of filing for bankruptcy. In this step, the details related to the assets and liabilities of the debtor are also compiled.

However, in this repayment plan, a roadmap is drafted. It gives a clear direction of how the debtor is going to repay each loan they have taken. A 3 or 5-year repayment schedule is formed. The amount is paid to the standing trustee by the debtor on monthly basis. The trustee then distributes the amount to the creditors in the decided ratio. It usually depends on the amount of the loan and its type.

Step 2: Attend Creditors Meeting Scheduled by the Bankruptcy Court

Once the voluntary petition is signed and the repayment plan is formed, the next step is to hold a creditors meeting. This meeting is scheduled by the bankruptcy court. This meeting is attended by the debtor, creditors, and the trustee. The trustee and creditors ask various questions to debtors related to their financial condition and the repayment schedule they have formed. It is important to note that this meeting is not mandatory to be attended by the creditors.  

Step 3: Confirmation of Repayment Plan

This is a lengthy step as it can take a time of few months for its completion. Creditors may also raise objections on the repayment plan in this phase. Therefore, it may have to be altered owing to these objections or the trustee’s feedback. Furthermore, some other factors may also compel to change the repayment plan. However, after it has received confirmation, no term of the repayment plan or schedule can be altered provided permission has been obtained from the court.

Step 4: Discharge

This is the last step in completing the chapter 13 bankruptcy process. It implies that the debtor is free from repaying loans they owe. However, not all debts they have obtained may be discharged. The debtor receives a discharge after they have complied with all the regulations and terms of chapter 13 confirmed by the court.

Loan Lawyers – A Reliable Team of Attorneys for Assistance in Bankruptcy Matters

At Loan Lawyers, we have served various clients seeking bankruptcy assistance. A professional and experienced team of attorneys is at the helm of dealing with complex bankruptcy cases. Right from making the right selection when it comes to bankruptcy options to assistance during the filing and forming the repayment plan process, we have got you covered. Contact us now to know more about our services or to book a free consultation.

Author Bio:

This post was written by Loan Lawyers. Loan Lawyers is a team of experienced and aggressive consumer rights litigation and trial attorneys in South Florida helping clients throughout the state of Florida.

Uncategorized Editor Wed, 29 Aug 2018 11:44:22 -0400
Steps to Follow If You Get Arrested             Nobody wants to get arrested, but in case you do, first thing you must do is ask for a lawyer to represent you. It does not matter whether you are guilty of something or not, the most important thing for you to do is clearly say that you want a lawyer. Speaking without lawyer is not advisable, as anything you say may be used against you later in the procedure. Therefore, avoid talking with the police even if they continue to talk to you or ask you questions. Usually when someone gets arrested and then charged with some crime, a bail amount is set and arraignment date for hearing. At the arraignment date you need to plead whether you are guilty or not guilty. When you plead not guilty, your lawyer will be given a time period in which he will have to file necessary pre-trial motions.

            Regardless of the crime you are being accused of, it is recommended you hire services of quality New York City Criminal Lawyer. It is better for you to spend money on a good lawyer that will fight for your rights and will do his best to help you in the case instead of you spending money on paying bail. Having an experienced and skillful defense attorney is often crucial in certain cases and they can even help their clients walk away cleared of charges. If you find hiring good lawyer expensive, then you might be given a lawyer by the court, but these lawyers are usually not as good as hired ones and do not provide the same type of defense as paid ones. This does not mean that court appointed lawyers are bad lawyers, but they usually do not have enough time and lack resources in order to provide you with best possible defense in the criminal case.

            When you are thinking about which criminal lawyer to hire, you should always consider those lawyers that have big experience and good record in handling criminal cases. Those lawyers that have handled similar cases like yours before will usually provide the best defense. Remember that different courts have different set of rules that need to be followed, so only an experienced lawyer with good knowledge in the court systems and the criminal law can offer you good defense in your case. Always be open with your lawyer and talk about all details regarding your situation. Ask him what he will do and which steps he will take in order to help you defend yourself from accusations and charges.

            Seasoned, knowledgeable and reputable criminal lawyer will do his best to fully investigate all facts, details and witnesses in your case. They will talk with the police and check out their reports and evidence they have against you. Remember that in order for you to get best criminal defense and hope for the best outcome, you need to be patient and trust your lawyer. That is usually the best way and only way for successful outcome of the case.

Uncategorized Editor Wed, 25 Jul 2018 23:55:05 -0400
Is Your Family Safe from Criminals? Are you confident your immediate family is as safe as possible from criminals?

In today’s world, criminals have more avenues to go after individuals and their families. As such, it is important you do all you can to lessen the odds your family will be next.

From identity theft to someone breaking into your home, do everything to keep the bad people away.

So, is your family safe from criminals?

What Steps Do You Need to Take?

In looking at what you need to take to keep criminals far away, start by reviewing your family’s finances.

As too many families have discovered over time, identity theft is a real and growing problem. As a result, your loved ones could be next on the list.

It is worth your time to look at identity theft protection providers on the market.

Assuming you do not have one now, find a company to look out for your finances.

You can start by reviewing an Identity Guard family plan or those of other top providers.

As you review such plans, research to see how long the companies have been around. Also look at their track records of success. Last; see which plan makes the most sense at the right price for you and your loved ones.

With a plan in place, you can rest a little easier knowing someone is watching out for you.

Is Your Home Safe from the Outside World?

Another area of concern should be your physical safety.

With that in mind, you want to make sure your home is as safe as possible.

Many criminals only need that one mistake on a homeowner or renter’s part to strike.

Among the areas you need to cover:

  • Keep doors and windows locked
  • Keep your outside property neat so it doesn’t look like it is empty at times
  • Keep the social media posts when on vacation offline until you are back in your home
  • Keep a close neighbor alerted when you do go away for a period of time

By doing what should be commonsense, you can lower the chances of becoming the next crime victim.

Unfortunately, too many make that one mistake to leave the door open for criminals to strike.

Protect Your Children

While there is a good chance you know what to do for your safety needs, do your children also know?

Given their age, children can end up being the most vulnerable of people when it comes to crime.

For example, do you let your child get on the Internet? If so, you want to be sure they do so with your supervision.

Have rules in place for your children when they are online. The same holds true if they are old enough to have a smartphone. Some kids wander around the Internet and end up coming in contact with some bad people.

Keeping your family safe from criminals may seem at times like a 24/7 job.

That said it is one of the most important jobs you will ever have in life.

Take the time today to make sure you are covering all your bases.

Uncategorized Editor Thu, 19 Jul 2018 22:19:13 -0400
Top Tips for Hiring a Legal Transcription Services Company There is zero room for error when it comes to the quality of legal transcription. But, how do you know that the company you’re hiring is as good as their website makes them out to be.

Well, apart from rolling the dice and hoping for the best, you need to take advantage of key questions, savvy research, and be ready to look elsewhere when you’re not wholly satisfied. Admittedly, hiring a legal transcription services company is not a one hour task, but remember this is for your own benefit – you need to have complete confidence and trust in the company you hire.

Before hiring the first legal transcription company that appears in the Google search results page, make sure you’ve followed our top tips for hiring a legal transcription company.

Do Your Research

Thoroughly read everything you can find online about potential companies. This includes visiting review sites, social media accounts, and contacting previous clients. Find out how many projects the company has and the priority given to your company. Confirm the format of the final legal transcription product, know how you’ll receive the file and when.

Ask For Proof of Accuracy

Ask the legal transcription company to provide you with proof of accuracy. This includes providing you with examples of previous transcriptions. Know that the quality of accuracy in legal transcription varies broadly, so you want a company that can guarantee and offer proof of 98% accuracy.

Remember the Non-Disclosure Agreement

If the company doesn’t agree to sign a non-disclosure agreement, walk away.

Confirm the Turnaround Time and Schedule

Ask about the standard turnaround time for legal transcription. Find out if the company has a back-up plan should an employee get sick or run into issues with the transcription. Ask about the schedule and about rush transcription. Make sure the person responsible for your legal transcription doesn’t have too many projects on-the-go.

Get and Check References

Just as you do when hiring a new employee, you need to get and check references for the legal transcription company. If the company representative hesitates on providing references, this is a definite sign that you should look elsewhere. Along with references, ask for examples of previous transcription work. You may also want to ask for examples of previous schedules and a demonstration of how the final product is delivered.

Ask About Data Security

It’s very important that you have extreme confidence in the company’s and the transcriber’s data security. Ask about how and where transcription data is stored. Find out what happens to this data once the project is completed. Ask about data security for work-from-home legal transcribers. You need to know that all sensitive data including names, addresses, social security numbers, financial data, health records, and any other identifiers are kept 100% secure.

Verify Industry Expertise

Make sure you hire a company that does specialize in legal transcription services. There are so many transcription services online that it can be easy to accidentally hire a company that does not focus on legal transcription. Be wary of companies that claim to service all industries, you want a company that specializes in legal transcription – this helps ensure the accuracy, validity, and confidence in the final product.  

Know What You Want

It’s one thing to ask the legal transcription company hard questions and to hold them to high standards, but if you don’t know what you want and need – you’re no further ahead. Make sure you know what you need and when you need it by. Know how you plan to make the audio available to the transcription company and confirm that this is an acceptable format. Before signing any contracts, confirm the delivery schedules, the pricing structure, the turn-around time, and the format of the transcribed data.

Essentially, the more time spent asking questions and narrowing down deliverables – the better the final result. You want to be satisfied with the legal transcription and the company wants to make sure you’re satisfied. By being thorough and following our tips for hiring a legal transcription service company, you’re helping yourself and the company doing the work.

Uncategorized Editor Thu, 19 Jul 2018 22:16:46 -0400
Can Litigation Finance Help Unsecured Creditors to Boost Recoveries? The biggest loss faced in the case where an individual or entity declare themselves as bankrupt is by unsecured credits. In the case of a bankruptcy, the obligation to repay unsecured loans is generally removed even after the conclusion of the bankruptcy period. However, there are certain exceptions as the borrower may be obligatory to pay certain unsecured loans.

A major problem unsecured creditors have to deal with in case their borrower is filing for bankruptcy is the recovery of their loan amount. As stated above, in the most probability, these loans are forgiven; thus, the lenders are at the risk of losing their money.

One way for the unsecured creditors to recover the money they have given as unsecured loans is to use the litigation finance option. Wondering how it can help them? Is it a viable option? Will it actually work? You will find answers to all these questions in this post. Continue reading!

What is Litigation Finance?

It is a practice in which a third-party company finances the plaintiff. In return, they are entitled to get a portion of the amount recovered. This portion is pre-decided among the parties.

How can Litigation Finance Help to Boost Recovery of Unsecured Loans?

When a person applies for bankruptcy, unsecured creditors do not get enough time to recover the amount they have given as loans. In this situation, they can use this option as it slows down the bankruptcy procedure. This gives time to unsecured creditors to make worthwhile claims that can help them to recover their money.

This option also helps them to have funds to manage their claims and develop evidences to support their case. It is a known fact that there are plenty of expenses associated when a legal claim is filed. Apart from legal costs, it also includes fees of lawyer and witnesses. If the plaintiff has opted for financial litigation, they will not have to worry about these expenses and solely focus on the recovery of their unsecured loans.

As a result, the chances of recovery are high. As stated above, a certain portion of the amount they have recovered goes to the third-party company responsible for litigation funding.

It is to be noted that a financer litigator will not fund every case. They generally conduct a deep analysis on the case before funding it for litigation purposes. Right from the case strategy to potential damages and risks, they consider each and every factor of the case before funding it. This information is not only useful for the litigator but for the plaintiff as well.

A prominent benefit of opting for litigation finance is that it is a no-risk option for creditors. In the case where there is no recovery made, they do not owe anything amount to the litigation funding company. Therefore, it is considered a viable option for them.

Are there any other benefits of using litigation finance option?

Litigation finance option offers plenty of benefits, apart from boosting the recovery process. The benefits are not only limited to the plaintiff, it is also advantageous for law firms and attorneys.

For plaintiffs, this option helps them to cover expenses related to numerous cases they have at their disposal. It also minimizes the risk for settling on the low settlement amount. When it comes to attorneys and law firms, litigation finance option assures them they will get their amount due. Therefore, they are able to work in favor of the plaintiff effectively.

Importance of Litigation Finance Option

This option is becoming immensely popular with law firms across the globe. As per records, the number of firms that have gone for this option has quadrupled in the recent years. It is widely used in the UK and Australia; however, the popularity is rising at a fast pace in the US as well.

Apart from using this option for boosting the unsecured loans recovery, litigation finance can also come handy in following scenarios:

  1. A litigation financer can purchase the complete claim by offering a huge capital to the plaintiff. However, this usually happens when the value of the claim is high and the financer understands all the risks associated with it.
  2. In case of litigation trust, this option can also be used for funding purposes. This results in a quick and efficient recovery of money for creditors and estate.
  3. Law firms can also use this option to lower the risk level when it comes to dealing bankruptcy cases on contingency. This enables them to manage cases efficiently due to a smooth cashflow.

Final Thoughts

To sum it up, it is safe to say that lenders who offer unsecured loans, they can now rest assured that they can still recover their money even if the borrower is filing for bankruptcy.

Uncategorized Editor Mon, 16 Jul 2018 10:20:06 -0400
4 Things to Clarify Before Filing a Lemon Law Case Prior to lemon law being established in the United States, buyers of defective vehicles (known as lemons) were essentially out of luck. Fortunately, nowadays, there are laws across the country designed to protect consumers and other drivers on the road from faulty vehicles.

Buying or leasing a defective vehicle always seems like something that will never happen to you. If you find yourself in this sticky situation, there are surely a lot of thoughts running through your head.

If you are suspicious that your newly acquired vehicle is a lemon, there are a number of things to clarify before filing a case. Here are four of the big ones to consider.

  1. Does My Vehicle Meet the Criteria?

While some version of the lemon law is present across the country, the specifics vary slightly from state-to-state. For example, let’s use California - where the number of cars on the road is higher than any other state.

Under the California lemon law, there are several key points to consider:

  • The vehicle has one or more warranty covered defects that compromises its use, value, or
  • The vehicle’s manufacturer has made at least two attempts to repair a defect.
  • The vehicle’s manufacturer has made four or more attempts to fix the same defect.
  • None of these warranty covered defects were a result of abuse by the driver.
  • Contrary to what your dealership may tell you, the above scenarios do not need to occur within 18 months of purchasing the vehicle or if 18,000 miles of use.

If your defective vehicle meets this criteria, a California lemon law lawyer may have the green light to pursue your case.

Regardless of the state you are in, you can be fairly certain your vehicle qualifies as a lemon before scheduling a consultation.

  1. What Are the Potential Outcomes?

The lemon law is a remedial statute, designed to protect the consumer. When you have a legitimate lemon on your hands, the outcome of a lemon law case is generally favorable for the consumer.

For starters, you may have a couple different options to choose. The most common form of restitution is a refund, more commonly referred to  as a lemon law buyback. This entitles you to a refund for what you paid for the car minus a minor mileage offset. If you took out a loan, the manufacturer must cover the down payment you made for the vehicle, the monthly finance payments made, and the remainder of the loan.

Alternatively, you may also opt for a replacement of the defective vehicle. This can either be the same model or one of similar value. However, the replacement option must be agreed upon by both parties. Unlike a buyback, the  lemon law does not require the manufacturer to provide a replacement.

In addition to the cost of the vehicle, the manufacturer must also reimburse you for the sales tax, licensing and registration fees, and all other official charges associated with the purchase of the vehicle.

Moreover, the California lemon law requires the manufacturer to cover incidental costs that were the result of the defective vehicle. This includes all repairs, towing expenses, cab fares, rental car costs, etc. For this purpose, be sure you are holding on to ALL receipts and records.

  1. Do I Really Need a Lawyer?

If you’ve done all the research and are relatively certain your vehicle qualifies as a lemon, you might be asking yourself whether or not it’s worth the trouble of finding a lemon law attorney.

To answer this question; you absolutely need to find a lemon law lawyer to handle your case.

There are several reasons why.

For one, this is probably your first – maybe second – experience with a lemon. The auto industry is equipped with some of the most high-powered legal teams in the country. If you want to get the most out of an auto manufacturer that sold you a defective vehicle, you need to have a specialized attorney in your corner. The manufacturer will always look out for its best interest, not yours. The manufacturer’s main goal is to limit its exposure and deny your lemon law recovery.

Second, the lemon law requires the manufacturer to pay for ALL your legal costs, and attorneys’ fees. That being said, seeking out a reputable lemon law firm to represent you should be one of the first steps when you have a lemon.

  1. Does this Lawyer Value Consumer Justice?

When it comes to actually choosing a lemon law lawyer for your case, there are a few things you need to look for.

First, they need to specialize in lemon law. As a general rule of thumb, if the firm does not advertise this service, don’t consider them. Second, be wary of the big national lemon law firms. In many cases, these organizations make their money on the number of cases they pick up, and they will try to get you to negotiate a cash settlement – which can be far less than what you paid for the vehicle. Lastly, steer clear of a firm that demands retainer or a contingency fee to be paid from your lemon law buyback. These firms can charge as much as 2-4% from your buyback recovery, leaving you with far less that a refund of your purchase price. Being as how a lemon is the result of manufacturer negligence, wilful ignorance, or even fraud, a trustworthy lawyer should not ask for any out-of-pocket costs from your lemon law buyback.

As you meet with a lemon law attorney, it should be clear they have a passion for standing up to the big corporations and are committed to resolving claims quickly, but with the highest possible recovery for you.


Lemon law cases are never exactly easy. Purchasing a defective vehicle is inconvenient no matter how you look at it. However, with the proper amount of research and a credible attorney representing you, the process should be relatively pain free.

Uncategorized Editor Fri, 06 Jul 2018 04:55:44 -0400
Make Your Dreams Come True Trying to make your dreams or the dreams of those close to you come true can be a challenge at times.

With that in mind, are you willing to do all it takes to see those dreams become a reality?

Work Hard to Get What You Want

Whether getting a job, overcoming a health issue or even realizing the American dream, you can do it.

For example, do you or loved ones want to make the U.S. your permanent home? If you do, you know the immigration system can be more than a simple challenge at times.

With that being the case, having an immigration lawyer in Utah or wherever you hope to settle is key.

He or she can work with you to get a step closer to obtaining citizenship and realizing the American dream. If you are looking to bring family or close friends to the U.S. too, your immigration lawyer can help with that.

When looking to settle in the U.S., keep a few things in mind:

  1. Location – What area of the country would be your preference to settle in? If you have been to the country before, did one area stand out to you? For many coming to the U.S., weather and job opportunities can often be two of the biggest influences. Of course where family may be here will also play a big role.
  2. Jobs – Since you’re going to need to work once settled here, look ahead of time to see where the economy is doing its best. The last thing you want to do is end up in an area where jobs are scarce and the cost of living is on the high side.
  3. Cost of living – In talking cost of living, do research on which areas of the country tend to be the most expensive. Starting over in a new land can be hard enough. If you throw in expenses that you can’t handle, it will make things all the more difficult.
  4. Chances to grow – Whether jobs or making more money, look to opportunity for added growth. This can help get you through some tough times when you know brighter days may well be ahead.

In looking to capture the American dream for you and your family, stay abreast of what is going on in the country.

One of the ways your immigration legal counsel can help is providing you with such details.

He or she should be up to date on trends involving immigration and any concerns that may be out there. Rely on them to be your ears and eyes when it comes to being able to realize the American dream.

Yes, you may have some major roads to climb in accomplishing the American dream.

That said know there are people in the legal community and elsewhere there to help you out along the way.

So, will you do what it takes to finally realize your dreams?

Uncategorized Editor Tue, 26 Jun 2018 22:14:05 -0400
Wrongful Death Law 101: Who Can File Lawsuits               Wrongful death litigation is an attempt to provide justice to the families of those who lost a loved one due to a situation caused by negligence. When the behavior of a third party directly or indirectly caused the death of an individual this is the time when the lawsuit must be pursued. There are many facets to what constitutes wrongful death and what damages are entitled to be received. Although the process can be difficult emotionally it is important to know which rights are afforded to those involved.


              There are many costs that are associated with injury and death.  The surviving family or estate is able to file for damages for these costs. They include but are not limited to, hospital and doctor bills, damage to property like an automobile, and even funeral and burial cost. These are the most direct and measurable cost because they are recent and documented.

              There are other costs which are less direct but are every bit as important. These are obviously harder to calculate and we advise speaking with a top grade accident & injury lawyer to get a better idea on this. Often individuals have retirement accounts or pension plans from which they would have received funds throughout their life. Families can be entitled to transfer the payments to surviving beneficiaries. Another significant payment can be from loss of future earnings. There are complicated formulas used to calculate what someone would have earned based on current income, anticipated future income and life expectancy. This can be paid out over time especially if the individual who lost their life was the provider for the family.

              A more difficult damage to determine, but just as real, is emotional damage or lost of companionship. These are paid out based on the fact that the remaining family has suffered a loss in their family. Therapy counseling and other cost can be occurred from this, but emotional damage is a common occurrence after death. Often in the aftermath people miss work therefor losing income, or in the case of children fall behind in school due to being absent, which can have long term effects.

           In cases where negligence was more direct and easy to prove there is the option of punitive damage. Punitive damages are meant to punish the individual who was negligent to discourage future behavior by themselves or others. This can be the case where someone did not take necessary precautions to ensure safety of others because they wanted to save money, did not make it a priority, or even just irresponsible.

Who has the right?

              The rule of thumb is the closer the relationship of the family the easier the lawsuit. In this case, spouses can always file for wrongful death suits (assuming all the other factors are met). Minors can file suit upon the death of a parent and parents may file upon the death of a minor. Where there are variations in the law are other relationships or situations, for example adult children filing for their parents or parents filing for adult children. Also, more distant family member like cousins, grandparents, and aunts and uncles.

Sadly, wrongful deaths occur from very mundane situations. Slip & fall injuries for example can seem innocent, until they can potentially lead to death. Spills and falling objects can also sometimes be so severe that they result in death. Anyone whose family member was a victim of such negligence must know these laws..

Contributed by:

Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333

Shulman & Hill Personal Injury Law Brooklyn 26 Court Street 21st Floor Brooklyn, NY 11242 (718) 852-4701

Uncategorized Editor Thu, 17 May 2018 09:36:55 -0400
How to Ensure Your Winding Up Petition Is Not Dismissed or Withdrawn

Some time ago, we presented a winding up petition to a company that owed one of our clients £50k. Upon receipt, the respondent company threatened to apply for a court injunction to restrain us from proceeding and dismiss the petition on the grounds the debt was disputed.

The respondent company falsely alleged that £49k of the debt was disputed, but in accordance with section 123 of the Insolvency Act 1986, the petition remained in force as the undisputed sum (£1k) was more than £750.

Additionally, they claimed that if successful with the injunction, they would seek another court order forcing our client to pay their legal costs. In this case, the respondent company was unable to provide any evidence of a dispute and eventually paid the debt, and our costs.

However, all too often, the threat of having to pay the other party's costs forces petitioning creditors to withdraw their petitions, even though the respondent company's complaints are not genuine.

When issuing winding-up petitions, you tend to find respondent companies are quick to make an application to restrain and dismiss the petition because the only way they can get out of the situation is to demonstrate to the court that there is a dispute.

Once this has been established, a petitioning creditor must withdraw their petition because it is an abuse of the insolvency process to continue while a dispute between the two parties exists.

Even if the creditor finds out about the dispute after a petition has been issued, they must withdraw the petition immediately as respondent companies do not have to prove the dispute has any real merit, only that a genuine dispute exists.

And that's why in these circumstances, you must be absolutely certain the debt is undisputed because intentionally issuing a winding-up petition for a disputed debt is an abuse of process, and the court will dismiss that petition, and order costs on a full indemnity basis against you.

Challenging your debtor's application to dismiss your winding up petition

If you are absolutely certain the outstanding debt is undisputed, indulge in some brinkmanship and call the respondent company's bluff. Tell them: "Fine, go ahead with your application to restrain and dismiss. We'll see you in court."

Once you're successful in challenging their application, two things happen:

You are free to advertise the petition and the respondent company's bank accounts will be automatically frozen.

The court will order the respondent to pay your costs in defending the application.

Upon receipt of a winding-up petition, around 20% of the time, respondent companies, especially if they have nothing to lose, will say: "We can't pay the debt. Let's get an injunction, and if we fail and are ordered to pay the petitioning creditor's costs, we'll just wind up the company."

However, in the vast majority of cases, to avoid the petition being advertised and having their bank accounts frozen, the respondent company will capitulate and swiftly pay the debt.

At Insolvency & Law we specialise in providing insolvency services to all UK businesses and individuals. Our comprehensive services are varied but include defending and presenting Winding Up Petitions for debtors and creditors. We also advise our clients in defending statutory demands.

To view a fully service offering please visit

Uncategorized Editor Fri, 02 Mar 2018 13:40:13 -0500
Technology in the Legal Sector

It is safe to say that we are firmly into 2018 now, and the first month of this year has been filled with brand new technology that is set to change the way we live our day to day lives. Not only has it changed the way that we live our lives but it has changed many different sectors of business.

As technology progresses at this pace, we should probably look at what this means for the legal sector. Firms all over the world are adopting and investing in new technology to effectively compete with the other competition out there. Not only do they need to use this technology to compete with other firms, but clients are wanting more and more engagement with technology in all of the sectors of business. In this respect, the legal sector is quite far behind but they are catching up rapidly.

According to SEO experts, voice searches are expected to take over. With Siri and Alexa already setting the bar very high, and voice searching are expected to account for 50% of online searches by the year 2020. You may be wondering how this can affect the legal sector. Because a quarter of all voice searches are for local information, it is likely that people will be searching for information on local lawyers. This means that law firms will have to make sure that their websites and online presence are adapted to be found in this way. Law firms will already be used to optimizing their page for traditional searches, SEO for voice will be slightly different. It is worth finding out what the difference is and how you can get prepared.

Law firms should also expect to get used to the idea of automated technology. The Law Society has predicted that this type of technology will take over 67,000 jobs in the legal sector by the year 2038. Although many people are worried that this means they'll lose their jobs, they need to remember the positives to this. Machines can take on a lot of the legal work that often slows law firm employees down and therefore make them more efficient and better able to take on important work. Service automation will help increase productivity and will help law firms be able to take on more and more work, without any extra strain on their employees. This means that you should expect a rise in the number of cases that law firms take on, as well as how much they do in advisory capacities.

Virtual and augmented reality are fast becoming commonplace in a lot of other sectors, but it is one piece of technology that law firms don't seem to have adopted just yet. This could all be set to change, however, with the law sector finally coming on board with this technology. It is expected that virtual and augmented reality will be used to help with client recruitment and engagement. It is also expected that law firms can use these types of technology to help with staff recruitment and training. It means that training sessions can be delivered via AR or VR and won't take the employee away from the office for as long as if they were going away to train. This will help lower costs and make sure that people are being trained fully and effectively.

SEO is changing all the time, and 2018 will see further changes yet in this piece of technology. Artificial intelligence or AI means that they can answer users search queries from just the first few words. This is known as predictive search and already exists but in 2018 it is expected that this technology will become more advanced and better able to guess what the user wanted to search for. This means that law firms may be cut out of the competition before the user has even had a chance to search for them.

Uncategorized Editor Wed, 28 Feb 2018 03:38:26 -0500
Evolution of Military Law in the United States

While in service I visited the United States as a guest of the US Air Force. As I was sometimes a presiding officer of Court Martial in India (being legally qualified), I was interested how the US military law functions. One significant difference is that in the US, there is at the moment one Unified Military Code which is applicable to all the 4 service arms namely the army, airforce, navy and coast guard, while in India we have a separate military code for each service.

The Unified Military code is a comparatively recent occurrence and was signed into law by President Truman only in 1951. Prior to this the code was amorphous and had very fewer checks and balances. The US military law took almost 175 years to evolve to the present Unified Military Code.

The US was a colony of England till 1776, till a war of Independence by the settlers against the English army led to the creation of the American state.As the American state emerged, a set of laws to regulate the army were considered essential. to start with the new state adopted the British codes for the US armed force. The US army now adopted what is known as the Articles of War 1775. These were derived from the British law and consisted of 69 sections. the American military code is credited to John Adams, who was a lawyer at that time. Later he became the President of the United States. The Articles of War found wide acceptance and at the Conference of the Continental Army, they were ratified.

The Articles of War were an exact copy of the British law, underwent a change and some amendments were incorporated in 1806. A team of military experts and lawyers studied codes of many nations including the French and raised the sections from 69 to 101. The code provided for summary execution and in some cases the Commanding Officer of Unit at the time of battle if convinced, could order execution of a combatant. There was no appeal. The code was effective and it instilled discipline in the US army. it was widely used in the US civil war from 1861-65.

The beauty of this code was that it continued for almost 150 years, without any questions being raised. The first time the code was questioned was in the period of the First World War when 13 black soldiers were summarily hanged for " mutiny". Later it came to notice that the punishment was excessive and as there was no appeal the sentence was carried out immediately. It was also mentioned that the bigger crime of the soldiers was that they were black.

To avoid a dip in morale the Secretary of defense Newton D Barker intervened. He ordered that henceforth no executions could be carried out without referring the matter to Washington. Thus a major change was effected in the military code.

After the end of the Second World War, the three Chiefs of Staff appointed a committee to streamline US military law. The committee came up with the Unified Military Code which became law from 1951. One significant change was that a series of checks and balances was introduced and the code made more humane. Death was made an exception and not a rule. This code is now in vogue in the USA. In India also experts are working on a Unified code for all 3 services.

Uncategorized Editor Fri, 26 Jan 2018 03:37:22 -0500
How Home Insurance Lawyers Can Help Resolve Your Case

Terri-Lynn Robinson's entire life was turned upside down when a dispute with her ex-husband went disastrously wrong. As he packed to move out, he decided to take revenge. He retrieved a BBQ lighter and lit the entire length of their bed skirt on fire. With her in the room. Within minutes, her bedroom went up in flames. While Terri was able to escape, her home and life were in shambles. Her house, an object of arson, was uninhabitable. She turned to her insurance company, who responded by denying her claim. Their reason was that, since her ex-husband was on title, the damage was caused by the home-owner and thus was not covered. Terri is a victim of spousal abuse; she lost her home during the dissolvement of her marriage. When things couldn't get worse, she was told that she was on her own. Insurance that she had paid for would not be stepping in. Terri was left to pay the mortgage on a "rotting shell" while she lived in a shelter. She could not afford the repairs on her income, and she now faces the very real possibility of bankruptcy and the loss of the rest of her possessions. If you've found yourself in a similar situation, a home insurance lawyer can help.

This Happens More than you Think

Terri-Lynn is not the first woman to be a victim of spousal abuse and arson. She is definitely not the first to have claims wrongfully denied. The tragic outcome of these denials can be complete loss of quality of life and home. Home insurance lawyers are the connecting link between these horrible tragedies and a successful outcome. Lawyers fight for your rights and your insurance claims. Insurance is paid so that it is there when you need it the most. It is a tragedy that this money is lost, leaving you out of pocket for additional expenses that you cannot afford during the worst periods in your life.

Lawyers get Results

Insurance companies are just that: companies. Companies exist to make money. In addition to this, there is a lot of scrutiny over insurance claims to insure that a claim is not fraud. Unfortunately, this type of scrutiny often leaves the homeowners on the short end, with their claims denied. Home insurance lawyers are familiar with the laws and regulations surrounding insurance and claims. If your claim is denied, your next best move is to call for help.

Most home insurance lawyers work on a commission basis. This means that they do not get paid until you do. They understand that your current situation has already created financial strain. Hiring a lawyer should not add more stress to your current situation. If you can get the help you need to fight a claim that should be paid. To get the money needed to repair your home and life without the out-of-pocket expenses, make the call. Home insurance lawyers are there to fight for you. They are the middle liaison that understands your situation while having the legal knowledge to work in your favor. You paid for your insurance to be there for you. A home insurance lawyer will take the time needed to make sure that this is exactly what happens.

Abir Cohen Treyzon Salo, LLP has team of experienced attorneys in Los Angeles, San Francisco, San Diego and Irvine, CA offering legal services for personal injury, insurance bad faith, property damage, construction defects,, home insurance, civil rights, and business litigation. To know more, visit actslaw/about-us.

Uncategorized Editor Sun, 14 Jan 2018 03:35:06 -0500
Why The Probate Process Takes A Long Time To Decide Inheritance Distribution

Without proper planning, a person's estates will be distributed through a probate process after the person's death. This judicial-administrative process is lengthy and it may take years until a final resolution is reached. Hiring specialized lawyers and consultants is recommended and will greatly speed up the process, since experts know what documents are needed and the exact steps of the probate. But first, let's analyze the reasons for which a probate process lasts so long.

1. Estates that have multiple beneficiaries. It should not come as a surprise the fact that a probate involving many beneficiaries takes longer. It will take more time to communicate with each person and transmit documents for signing. And not all beneficiaries may sign the documents very quickly and return them to the next beneficiary in line. Things become more difficult when we are dealing with persons on the opposite sides of the United States or, why not, persons living outside the U.S.

2. Family quarrels. A probate can also take a lot of time when there's a family feud and every member wants a bigger share of inheritance. In this case, any minor aspect must be decided by the probate judge. As you can imagine, having to involve the court and ask permission for everything will slow the probate tremendously.

3. When the estate has to file a tax return. Estate distribution cannot start until all taxes are paid. And due to legislation, IRS does not even begin to process an estate's return tax form until at least three to four months after the return has been filed. From there, it will take other several months until the tax return is actually processed. And if you are "lucky" enough to be asked more info from the IRS, expect to add 4 more months until the processing starts again.

4. Assets difficult to evaluate or distribute. When we talk about distributing a terrain, things are easy. But when we are talking about collections, herds of animals, invention patents and other unusual items, passing them to inheritors requires an in-depth analysis. Evaluating them is difficult and when a value is decided, the IRS can decide that the assets are taxable and they will want a tax return. And that brings us back to the previous point, where you have to file a tax return and wait for IRS's confirmation. Without it, the probate remains open.

If you need money and you cannot wait that much until probate is finished, get loans on inheritanceContact our experts!

Uncategorized Editor Sat, 16 Dec 2017 03:33:59 -0500
5 Things to Consider While Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you've been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

If you are going to hire a legal assistant or build a strong remote team of legal/paralegal experts, above mentioned points will definitely help you. All the best!

Uncategorized Editor Tue, 28 Nov 2017 18:33:17 -0500
How to Best Prepare for Attending Court

Attending Court can be stressful and intimidating, even for those who do so regularly. It can be even more so for those attending for the first time with very little idea of what to expect. Not knowing where to go, or how to act can only add to the stress of having to present yourself before a Judge.

It can be difficult to know how to behave and act to reduce the stress of attending court and present yourself in the best possible light to the Judge. This article will discuss some of the most practical advice to present yourself well at Court.

Firstly, attend Court before your Hearing date. The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout and how the building operates. You may also be able to sit in on another Hearing if an appropriate one is available. Speak to the Court Ushers (Court Staff) and ask them about sitting in on a Hearing. If you explain to them why you want to do so, then they may be able to advise you what is available. This will give you the opportunity to familiarise yourself with what a Hearing is actually like.

Secondly, arrive early on the day of your Hearing. Do not aim to be on time for your Hearing aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going in. It is not uncommon for cases to settle before going into a hearing. However, if the Defendant tries to settle your claim, you should keep in mind that they will be expecting you to be feeling stressed and nervous and some may try to use that to strong-arm you into accepting a lower offer. Keep your cool and don't settle for less than your claim is worth just because you're nervous about the Hearing.

Thirdly, dress appropriately. You should always dress smartly, as you would for a job interview. Remember appearances count for a lot, and while in a perfect world you would be judged on your case alone, in reality how you present yourself and your attitude in Court will have an impact on your case. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Dressing smartly can mean different things to different people so for the avoidance of doubt do not go to Court in your jeans, leggings, t-shirts or crop tops. Wear a suit if you can, or if you do not have one and have no way of getting/borrowing one you should at wear a suit jacket at a minimum.

Fourthly, address the judge accordingly. If you are before a District Judge, they should be addressed as "Sir" or "Madam" as the case may be. If you are before a Recorder or a Circuit Judge you should address them as "Your Honour." In the unlikely event that you find yourself before a High Court Judge, they should be addressed as "My Lord" or "My Lady" as the case may be. However, that being said do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense.

Fifthly, speak appropriately. As above it is important to be polite during the process of speaking to the Judge and your opponent. This will be a highly emotional experience, but you must try to keep your cool. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to the Judge will be understanding that this is not an easy ordeal. Water will be available, if you need to take a moment have a drink and try to relax as much as possible. During the Hearing, only one person should speak at any one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge's attention while they are speaking then wait for them to finish before speaking.

Lastly, be honest, if you cannot answer any question from the Judge or Defendant, then you should say so. If possible make an effort to find out the answer during a break in the Hearing. However, not knowing the answer to a question is unlikely, this is your claim, and no one should know it better than you. The questions asked will be important and effect the Judge's decision so answer them with as much information as you can.

In conclusion, you should now have an understanding of some of the steps you can take to best present yourself at Court and reduce the stress you may be under by attending Court.

Bringing a claim yourself? Check out the below link and get your own toolkit!

Uncategorized Editor Sat, 11 Nov 2017 09:32:29 -0500
HOA Attorney Job Description

This type of attorney is the one that represents and advises the homeowner's association board members on many different matters regarding property rights and contracts. A HOA attorney is generally in charge of drafting the community rules so that they comply with the governing law. They will also provide broad advice to the members of the association about organizational structure and leadership responsibilities and helping to enforce the rules against the homeowners. A HOA attorney can also represent the association if there are any lawsuits filed and advises the residents and board members about their rights under law.

This law is a very specific branch of property law, which is important to the maintenance and creation of a system of ownership. These property laws can help to guide the buying and selling of property. Property laws sorts out the power that the association can control and setting the parameters as to how that power can be executed. When the community agrees to abide by a set of uniform rules they are enforced by the homeowner's association board, which is generally filled by election and made of individual residents of the community.

Because this board is like a quasi-legal entity that has its own insulated rules it is very important that the homeowner's association board has legal representation to ensure that all of the actions it takes complies with the governing laws. It will be the job of the HOA attorney to represent the homeowner's association board. The HOA attorney's job focuses primarily on advising by helping them to review and update the rules so they are not violating any governing laws.

Other jobs that a HOA attorney might do can include:

• Enforcing the rules against any homeowner who is not in compliance by contacting the homeowner to explain the violation and try to find a resolution that is amicable to the homeowner and board. If the homeowner does not cooperate the attorney will be the one to begin contempt filings or legal evection. 
• They may represent the homeowner's association in any legal proceedings outside the association such as dealing legally with a contractor who did poor work in the development. It will be the HOA attorney that will see remuneration and if it becomes necessary will file a lawsuit against the contractor. 
• If the homeowner's association is sued the HOA attorney would do the defense of the homeowner's association in the case.

The HOA attorney is the legal voice for the association's board and generally is not a full time job. Many times this attorney will represent several homeowners' associations at once or represent them and have a property law practice.

This article is penned by Lora Davis for Hamilton & McInnis, L.L.P. Hamilton & Associates, APC. is committed to a simple principle: provide the highest level of legal service to all clients at a reasonable fee. Our experienced attorneys have worked tirelessly to build a law firm that combines their individual talents to meet and exceed the specialized legal needs of our clients. If you need legal assistance with HOA governance & disputes and would like to hire a HOA lawyer then call 619) 299-4877 for a free consultation.

Uncategorized Editor Thu, 26 Oct 2017 19:30:18 -0400
Five Things to Consider When Choosing the Right Attorney

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that at the time we most need an attorney we are least likely to be in the frame of mind to look for one. So, how should you sort through the mix of recommendations and names set before you when the situation presents itself and you must decide upon legal representation for one reason or another?

Research. Research. Research. Is the attorney you are considering in good standing before the State bar of whichever state you require representation? Has he or she been sanctioned or reprimanded for ethical or other violations? This information is generally public record on your state's board of professional responsibility or state bar association website. Is he or she embroiled in any legal issues of his or her own that may affect or complicate their ability to represent you? Sometimes simply googling the individual will reveal more than you know.

References. Talk with former and/or current clients of the prospective lawyer to determine if they have had a good experience. Does the individual return calls promptly? Is the attorney someone they would use again? Did they feel the fee the attorney charged was commensurate with the services rendered? If applicable, was the outcome favorable?

Cost. What and how does the attorney charge fees? One of the most important considerations in deciding on legal counsel is the cost of the attorney's services. Attorney's fees can be very expensive and can add up quickly in lengthy and complex legal issues. Depending on your type of legal issue, an attorney may charge a flat fee, a retainer fee paid up front from which future billing is drawn, a straight hourly fee, or a contingency fee which is when the attorney is paid a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not get a fee. Keep in mind that even if you do not recover, you would still be responsible for costs other than attorney fees such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus his or her practice in the area of law you are seeking? Attorneys can advertise that they work in certain areas of the law but may not have worked many cases in that specific area of the law. For example, if you are considering hiring a lawyer to handle a car accident case for you, ask him or her how many other car accident cases he or she has handled. Ask how many of those cases were decided in favor of the attorney's client. You may know an attorney who has been in practice for decades and who advertises that he or she does work in wills and estate matters as well as personal injury. But find out how many wills they have drafted. Do they simply dabble from time to time in that area or is it a true area of their practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So make sure you are getting someone who knows the area of the law and is up to date on the most current laws.

Appeals. If you are seeking an attorney for any legal issue that involves a court proceeding, then there is always the possibility of an appeal. Inquire about the likelihood of appeal in your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney does handle appeals, ask about the different costs associate with an appeal. Ask about the timeline of an appeal. If you are looking for an attorney to handle a legal matter that could potentially be brought up on appeal, better to have that same individual working the case from the beginning until the end than have a new lawyer take over in the middle. These consideration on the front end will save you time, money and frustration down the road.

When you choose an attorney you are making an investment, not only financially but an investment of your time. You should be well informed and use all the resources available to you when you make this important decision.

Don't hire a lawyer without being informed. Choosing an attorney is a huge investment and you need to make a sound decision. Use these steps to ensure you have made the best choice for your needs.

Uncategorized Editor Fri, 20 Oct 2017 15:31:43 -0400
A Brief Summary of Contract Law: Key Terms, Common Defenses and General Recommendations

Many individuals and companies enter into contracts without fully understanding the terms. Often, neither party has clarity on what the contract requires in terms of performance standards, remedies for breach and whether unwritten terms can supplement the written contract.

This post is intended to provide a quick guide to some key terms and issues that are relevant in the area of contract law.

What is a contract and how is it formed?

In general, a contract may be defined as a bargained for exchange. The typical contract formation process involves an offer, acceptance, mutual assent and consideration for a promise to do or not do a particular thing that may be done or omitted. In general, an acceptance needs to unambiguously accept the terms and conditions of an offer in order for a contract to arise. Mutual assent is often called a "meeting of the minds". If the parties did not agree to the same essential concepts of a deal, then there was no mutual assent because no meeting of the minds occurred.

What counts as consideration for a contract?

Consideration consists of a party acquiring either: (a) some right, interest, profit or benefit; and/or, (b) some forbearance, detriment, loss or responsibility. Consideration is a necessary element of a valid contract partly because its absence can help reveal that one party's promise to do something was actually gratuitously given. If a court finds that one party's contractual promises were gratuitously given, then the contract is generally invalid and cannot be enforced in accordance with its terms.

What if someone orally promised something that is not written into the contract?

In such a case, one question is whether the oral promise preceded the written contract. If the oral promise preceded the written contract and the written contract was intended to be the final expression of the agreement, then the parole evidence rule generally prohibits introducing evidence of oral communications that would contradict or supplement the written agreement terms. Therefore, it is very possible that testimony regarding oral promises will be inadmissible in the case of litigation relating to a written contract. However, various exceptions and nuances exist that allow attorneys to craft a strategy to best advance a client's interests depending on the nature of the dispute.

Another question is whether the statute of frauds applies. The statute of frauds generally prohibits enforcing the following types of agreements if they are not evidenced by a writing that is signed by the party against whom it would be enforced: Agreements for the sale of interests in real property, agreements that by their terms cannot be performed within a year, agreements to pay another's debt and other types of agreements as may be listed under state law. For example, ORS 41.580 codifies the statute of frauds under Oregon law. Again, an attorney can help navigate the various nuances and exceptions that exist with respect to the statute of frauds.

What are covenants, conditions, representations and warranties?

These terms often get mixed up, but the general definitions are as follows: A covenant is a promise of action or inaction that applies with respect to future events. A condition is a future and uncertain event whose occurrence or nonoccurrence can destroy, create or modify the right and obligations of one or more parties to the contract. A representation is a purported statement of fact relating to the past or present. A warranty is a statement or promise regarding some present or future quality of goods or services. The nature of a contractual clause heavily impacts how that clause is interpreted and applied. Therefore, it can be crucial to identify whether a specific contractual clause is a covenant, condition, representation, warranty or some combination thereof.

What is a choice of law provision?

A "choice of law" or "governing law" provision of a contract states the parties' intent for which jurisdiction's substantive law will govern in the event of a dispute. For example, this type of choice of law provision indicates that in the event of a dispute, the parties want the court or arbitrator to apply Oregon substantive law to determine the parties' rights and obligations: "This agreement is governed by the laws of the State of Oregon, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this agreement."

As you can see from the sample language quoted above, the conflict of law principles of state laws also need to be considered. This is so because the failure to address such principles in the contract could mean that one state's substantive law (e.g., Oregon) ends up directing the court or arbitrator to apply another state's law (e.g., Delaware) to ultimately decide the dispute. For example, under ORS 81.135 a contract that merely indicated that it is "governed by the laws of the State of Oregon" might end up being decided on the basis of Delaware law if the contract was one for personal services that were primarily rendered in Delaware.

What is a venue provision?

A venue provision of a contract states the parties' intent for where a dispute related to the contract should be litigated or arbitrated. The venue can be different from the choice of law. For example, the appropriate venue may be any state and federal courts located in Multnomah County, Oregon, but the governing law could come from the State of Washington. In such case, the Oregon court that will decide the dispute will generally apply Oregon procedural rules, but Washington substantive laws to adjudicate the dispute.

What are some common defenses to enforcing a contract?

Contractual defenses are often split into two categories: Defenses to contract formation and defenses to contract enforcement. For example, if a valid contract never arose because the offer and acceptance were unclear and no meeting of the minds occurred, then there is no valid contract to enforce. Other examples of defenses to formation include fraud in the execution of a contract, misrepresentation, concealment, mistake, duress, undue influence and unconscionability. All of these terms require a showing of specific legal and factual elements that your attorney can help you analyze.

If a valid contract arose but defenses to enforcement exist, then a court or arbitrator might conclude that the contract cannot be enforced as written. Some examples of defenses to contract enforcement are prior material breach and termination of the contract, impossibility, frustration of purpose, a nonoccurrence of a condition and unenforceability on grounds of public policy. For example, if one party's obligations under a contract are conditioned upon the happening of an earthquake but no earthquake occurs, then the corresponding obligations should not be enforced. Once again, any of these types of defenses require specific factual and legal analysis before they can be successfully asserted and used.

If a contract is invalid or unenforceable, does that mean that no legal remedy exists for a dispute?

Not necessarily. If there is no valid or enforceable contract, then the area of law concerned with "quasi contracts" or "implied contracts" might still provide a legal remedy for an aggrieved party. Terms such as promissory estoppel, unjust enrichment and quantum meruit are the frequently used legal principles that might allow recovery in this area of the law. In general, an aggrieved party can obtain restitution on quasi-contractual grounds if a benefit has been conferred, the recipient of the benefit is aware that the benefit was received and under the circumstances it would be unjust to allow retention of the benefit without requiring the recipient to pay for it.

What should you do in a contract dispute?

For a high value contract, you would ideally work with an attorney to prevent many types of disputes that could have been anticipated by negotiating and carefully reviewing the contract before execution. If a dispute is brewing (for example, if you are asking yourself whether and how to get out of the contractual relationship), you should consult with an attorney as quickly as possible.

How a party communicates its dissatisfaction with a contractual relationship heavily affects where the chips will fall in the event that the dispute goes to litigation. An attorney can help you get the most out of your communication with another party by researching applicable statutes and case law to recommend your strongest path forward. The attorney might recommend negotiating with the other party for a settlement or the attorney might advise you that you have an immediate legal right to terminate the contract without liability for damages.

If you receive notice that the other party is dissatisfied with the contractual relationship or has already filed a lawsuit in court, then it is important to obtain qualified legal representation as well.

© 9/18/2017 Hunt & Associates, P.C. All rights reserved.

Michael Litvin is an Associate Attorney with the law firm Hunt & Associates, PC in Portland, Oregon. He is licensed in Oregon and maintains a general practice including: corporate and business law; mergers and acquisitions; litigation; employment law; executive compensation; intellectual property; tax; and, real estate.

For additional information, please check out the company's website:

Uncategorized Editor Tue, 19 Sep 2017 13:29:00 -0400
The Advantages Of Working With Bail Bonds Agent

Being accused for a crime can surely be stressful. Apart from spending time defending yourself, there comes a time that you also need to be sent to jail to repay for your crimes. But, this can be avoided by paying a bail bond.

A bail bond is a method used by the defendant to gain freedom while waiting for a trial upon criminal charges. Luckily, the bail is be given back to the defendant due to several reasons. For one, bails can be given back if the accused is handed a "" not guilty" verdict. Or perhaps, if the case is dropped before the formal trial. Sadly, there are also instances when defendants cannot easily get back the bail bond which can surely affect their finances. Because of this, it is best to work with bail bonds agents. With these professionals, individuals can obtain amazing advantages. Below are some of the following.

Provide you with reliable financial solutions

First and foremost, when working with a bail bonds agent, individuals can attain reliable financial solutions. When being accused, the court will immediately require the defendant to pay a bail in order for them to be free during the proceedings. However, coming up with enough money for the bail can be difficult most especially if you do not have saved finances. Fortunately, the bail bonds agents can help you find reliable financial options. There are also times that these agents can provide you with such solution to ensure that your lifestyle will not be affected by the case.

Help you understand the legal system

By working with an agent, individuals can also easily understand the legal system. Dealing with legal charges can be difficult. It gets even worse if you need to handle different situations in court especially when getting back your bail. With the help of agents, they can provide you with sufficient information about the legal proceedings which will allow you to understand the process, making it easier and more efficient.

Offer you with effective assistance

Finally, almost all bail bonds agents can provide you with effective assistance. This is possible since these professionals have the right traits to assist their client from being honest as well as trustworthy. Apart from that, these agents protect their clients to avoid other problems to arise which can affect their case and their bails.

These are only some of the advantages, individuals can attain when working with a bail bonds agent during their court case.

Click here for more.

EightBallBail is a company that offers reliable bail services. The company also works with trusted professionals who can guide you in making better decisions. To know more, go to this site.

Uncategorized Editor Mon, 11 Sep 2017 19:45:19 -0400
Conservatorships and Why You Should Avoid Them Many of us have known a family member or a friend who wasn't able to care of themselves. This could be due to a disability, failing health, or mental or physical trauma. Or we have learned about a friend or family member who suddenly suffers a stroke and is unable to speak or communicate with others. When these unexpected events happen, it becomes necessary for someone to step in and take care of things. This usually means scheduling medical appointments, doing the grocery shopping and cooking, arranging for transportation, and housekeeping, not to mention getting the bills paid. At the very least, it may mean hiring a care provider to handle these daily activities.

Unfortunately, people often forget or neglect to plan for these life events and then it is too late to make their wishes known. It is important to be proactive and plan in advance how you want these matters handled. By making a plan in advance, you can designate someone to care for your minor children or adult disabled child; designate a caregiver to speak for you and handle your daily affairs; specify where you want to live; and dictate how your assets are to be managed. Otherwise, the courts will make these decisions for you.

When there is no plan in place, the courts must decide. This area of law, known as probate law, insures that persons affected by some disability are properly cared for. Conservatorships are used to manage the lives of adults who are unable to make decisions themselves. (Guardianships are the same but for minor children.) Conservatorship laws give the courts authority to put someone else in charge to pay the bills, make medical decisions, and handle all the activities of daily living such as grocery shopping, cooking and scheduling dentist appointments. This authority also includes deciding what services are needed, what doctors, dentists or care providers will be hired, how assets will be used and even where a person will live. Anyone who does not want strangers making these life changing decisions for them, needs to plan in advance.


Picture this, Carrie is 76 years old and she lives alone in San Francisco. She has difficulty remembering to pay her bills. Both her telephone and electricity have been disconnected because she forgot to pay them. Once she left a pot on the stove which caused a small fire. She can no longer drive and requires someone to take her to the grocery store or her doctor's appointments. Carrie has plenty of money and could easily afford to hire someone but she has issues trusting others to manage her affairs.

One day Carrie slipped and fell while climbing the stairs in her home. She could not reach the phone and even if she could, the service had been turned off due to nonpayment. Fortunately, Carrie's neighbor stopped by and was able to get her the medical attention she needed. Clearly, Carrie can no longer take care of herself without risk to her safety. The social worker assigned to Carrie contacts Carrie's son who lives in Nevada and explains the situation. Because Carrie refuses to authorize her son to take care of her bills or hire someone to help around the house, Carrie's son feels that he has no choice but to seek conservatorship over his mother. He starts the process by filing a petition with the court.

The Petition

The petition for conservatorship is a legal document that tells the court what is happening in Carrie's life and why she needs someone to take care of her. On the petition, Carrie will be known as the conservatee and the person asking for the court's permission to manage her affairs is the conservator. The proposed conservator in this case is Carrie's son. The petition must state information about Carrie's assets, her relatives, the specific incidents that led to her difficulties, the status of her mental and physical health and the risks she faces if a conservator is not appointed.

The Investigation

Once the petition is filed with the court, the case will be put on the court calendar for a hearing. The court will assign a court investigator to the case. The court investigator is responsible for verifying the information in the petition. The court investigator will do this by speaking to Carrie, her neighbor, her son and anyone else named in the petition. After gathering all this information, the court investigator will file a report with the court and make a recommendation to the court on whether Carrie needs a conservator.

The court will also assign an attorney to represent Carrie. Our legal system wants to insure that Carrie has a voice during these proceedings. This attorney, likely a complete stranger to Carrie, has the job of protecting Carrie's rights and getting her side of the story. The attorney will explain the court process to Carrie and what will happen if a conservator is appointed to take care of her. Carrie's attorney is also there to let the court know how Carrie feels. She can object to her son being appointed as her conservator. She can even request a particular person for the job of conservator. The attorney must also tell the court if Carrie objects to the conservatorship. The attorney will speak with Carrie's family members and neighbors to get a better understanding of Carrie's situation. After reviewing all the available information, the attorney will make a recommendation to the court on whether the conservatorship is needed and who should be the conservator.

This process can take anywhere from 45 to 60 days. In extreme situations where someone's health or safety is in danger, the court can appoint a temporary conservator to make decisions right away. The temporary conservator can be appointed in as little as three or four days in cases where the need is urgent.

The Hearing

On the day of the hearing, Carrie's attorney will be present, along with Carrie's son, his attorney (if he has one), other interested family members or friends, and perhaps Carrie herself. At the hearing, the judge will ask everyone for additional information they would like to add. The judge may also ask questions about the information contained in the petition, the court investigator's report or the attorney's recommendation. The judge will either grant or deny the petition or schedule the case for a future hearing date to consider any new information. If the judge grants the petition, Carrie's son will have access to all of Carrie's bank accounts, authority to manage her investments, and with the court's permission sell her home or choose where she will live. Carrie will be dependent upon her son to make all of her daily living and financial decisions.


It can be costly to go through the court process of appointing a conservator. For starters, the fee for filing the petition is $435. At the time the petition is filed, the court will also request $800 to pay for the cost of the court investigator. The attorney appointed to represent Carrie must also be paid. The average rate for attorneys in California is $300 an hour. If it takes an estimated ten hours for the attorney to represent Carrie before and at the hearing, the attorney will be owed $3,000. Adding all these figures, the estimated cost for a conservatorship proceeding will be a minimum of $4,235. Once the hearing is over, the attorney must file a petition for payment of her fees. The cost of filing this petition is also $435. All of these costs will be paid from Carrie's bank accounts.

But Carrie may not be the only one to pay here. If Carrie's daughter believes that a conservatorship is not needed or that her brother is not the best person to take care of Carrie, she must file an objection with the court. And like the other filing fees, the cost for filing an objection is $435.


Once a conservatorship is granted, the court will supervise Carrie's case until the conservatorship is terminated or Carrie dies. The case is supervised through regular reporting to the court. Carrie's son will be responsible for updating the court on Carrie's status with routine reports. That reporting begins with an inventory of all the assets Carrie owns. After Carrie's son prepares the inventory, the property will be appraised by the court's probate referee. The probate referee is assigned to the case by the court just like the court investigator. He or she is responsible for placing a dollar value on Carrie's assets - her home, stocks, bonds, household furnishings, jewelry, all income sources and bank accounts. The probate referee's appraisal will serve as the starting point for the future financial accounting Carrie's son must make. And just like the court investigator fee, the probate referee's fee will also be paid from Carrie's bank account.

Once the inventory is filed with the court, Carrie's son must report every dollar of Carrie's money that he spends on her behalf and every dollar she receives in the form of interest, retirement or rental income. This is the court's way of insuring that Carrie's assets are being used for her care and benefit and not stolen or squandered. This mandatory reporting usually starts one year after the conservator is appointed and is required every other year after that. Carrie's son will also have to report on Carrie's mental and physical health. This reporting must be in the court mandated format. It is not unusual for a conservator to require the assistance of an attorney or a probate accountant in preparing these reports. And again, these hired professionals will be paid from Carrie's assets which of course adds to the cost.

A copy of each bi-annual report must be given to Carrie, her attorney, all of Carrie's immediate family members, and the court investigator to review. It is the court investigator's job to make sure all of the expenditures are reasonable and accurately included in the report. The court investigator will also make sure the balances in Carrie's bank accounts are correct using the probate referee's appraisal as the starting point. In fact, copies of all of Carrie's bank statements must be submitted to the court along with the report. Carrie's son will have to explain any discrepancies found in the report. Each time a report is filed, the court will schedule a hearing date to review and approve the report.

Because each bi-annual report is considered a petition when it is filed with the court, the cost each time is $435. Carrie's attorney is also entitled to payment for her time reviewing the report. If Carrie's son employs the services of an attorney and/or probate accountant to help him prepare the report, these individuals must be paid for their services as well. Again, all of these costs will come from Carrie's assets. It is not unusual for the costs of a bi-annual accounting to cost $5,000 or more. And because Carrie may live for several years, these costs will be repeated each time a report is filed. Most people also may not realize it but the bi-annual reports, the petition and the inventory and appraisal are all public documents available for anyone to review.


Most of us probably wouldn't have a problem with our son or daughter taking care of our affairs. And for most of us, the conservatorship would be fine aside from the cost, the court mandated reporting and the publicity. But what if Carrie had reservations about her son's ability to take care of her affairs? What if Carrie thought he was irresponsible with money? What if Carrie was not able to object to her son's appointment as her conservator? Or worse, what if Carrie's son did not want to be her conservator and there was no other family member to take care of her affairs? Under any of these circumstances, Carrie could end up with a professional fiduciary taking care of her or the county public guardian in some cases. A professional fiduciary is usually someone that is suggested to the court by Carrie's court appointed attorney or the court investigator. A professional fiduciary is in the business of managing other people's affairs and is paid at a competitive rate between $100 and $150 per hour. The professional fiduciary typically has no relationship with the conservatee or her family. They know nothing of the conservatee's lifestyle, habits, traditions or customs. Usually any information the professional fiduciary learns about the conservatee is derived from the conservatee's documents such as bank statements, credit card statements, and interviews. In any case, it boils down to a complete stranger making decisions about Carrie's quality of life and it is not uncommon for the professional fiduciary's opinion to outweigh what Carrie thinks is best.


One simple way Carrie could have avoided a conservatorship is by executing a durable power of attorney. A power of attorney is a private legal document in which you authorize someone to handle your affairs. This may include withdrawing funds from your bank accounts, making decisions about selling or buying stocks or other investments, paying your bills or making gifts to your favorite niece. A power of attorney can be as expansive or limited as you like. But in order for the power of attorney to work for you when you cannot speak for yourself, it must be a durable power of attorney. A general power of attorney has no legal effect once the individual becomes incapable of making their own decisions.

In a durable power of attorney, the person granting the power is called the principal. The person using this power is called the agent. When you give your agent authority to act, you give him or her permission to act or do anything just as you would. That authority can be narrowly defined (such as pay my phone bill each month). Or it can be all inclusive giving someone complete control (such as handle all of my personal and financial affairs).

This authority is also completely revocable. You can change your mind at any time. You can change your agent if you like. You can even specify that your power of attorney won't take effect until you become incapacitated. This is known as a 'springing' power of attorney. Under a springing power of attorney, your agent has no authority to act until a specific event happens like your 75th birthday or you suffer from a mental defect such as dementia or Alzheimer's disease.

Another great feature of a durable power of attorney is the simplicity of the document. It does not have to be a twenty page document full of legal terms no one can understand. It can be as short as one or two pages. You don't even need a lawyer to prepare it. Pre-made forms are available that require you to simply initial the different powers you want to give to your agent. Once the form is completed, it must be notarized. A power of attorney has no effect until it is notarized. Then keep the original in a safe place and provide your agent with a copy. When it is time for your agent to act on your behalf, he or she just has to present the notarized document to the appropriate bank representative, retailer or creditor.

A power of attorney is just one of the fairly simply tools available which can save you and your loved ones a great deal of time, expense and stress

Uncategorized Editor Thu, 10 Aug 2017 01:50:12 -0400