Blog Posts
Too Broke To Go Bankrupt
I didn’t make up the title. Those words headline a CNN Money Magazine article on May 7, 2012. Quoted sources explain how the cost of filing bankruptcy steadily increased after passage of bankruptcy “reform” by the U.S. Congress in 2005. The so-called “Bankruptcy Abuse Prevention and Consumer Protection Act”, or […]
Personal Injury: Statute of Limitations
Bars usually go with criminal law, as in “behind bars”. But, in civil law, statutes of limitation bar cases forever if not filed on time. When the doors slam shut, there’s no going back. The “Statute of Limitations” is a legal deadline requiring a case be filed within a certain time after an event […]
Discharge of Student Loans in Bankruptcy: Exception to Rule
Discharging student loans in bankruptcy occurs only as an exception to the rule. Chapter 7 bankruptcy discharges garden variety unsecured debt, largely credit cards. But, student loans are different. To discharge student loans there must be proof that payment imposes an undue hardship as defined in bankruptcy law. Many courts […]
Personal Injury: Personal Jurisdiction Out of State
Granite monuments designate boundaries between states at many spots as a physical reminder of state lines. People cross the lines every day with hardly a thought. But, state lines pose barriers to residents of one state, attempting to bring a resident of another state into the local court. Bringing a […]
Bankruptcy: Moral? Ethical?
Guilt. Feelings of doing something against core beliefs. These and other reservations sometimes come up in thinking about filing bankruptcy. Is it ethical? Is it moral? Let’s start here: bankruptcy concepts are firmly embedded in the Bible: “At the end of every seven years you shall grant a release. And this […]
“Can I Sue?”
“Can I sue?” This tops the list of questions most frequently asked of attorneys. But it’s the wrong question. The real test is whether a feasible, viable claim strong enough to warrant recovery exists. Hypothetically if the papers are able to be filled out and the technical requirements met then in the […]
Bankruptcy: Student Loan Debt Crisis
Student Loan debt in the United States, now at $1 Trillion Dollars, is called “the next debt bomb” for the U.S. Economy. Total U.S. student loan debt now exceeds the volume of credit card and auto loan debt combined according to the Associated Press. The head of the National Association […]
HIPAA: Authorizing Release of Medical Records & Personal Injury
Confidentiality exists between you and your medical providers. This prohibits release of medical records without proper authorization. The Health Insurance Portability and Accountability Act, usually referred to as “HIPAA”, places certain restrictions upon and guidelines for the release of medical information. Releasing Private Medical Records Under the privilege protecting medical […]
How Can Credit Cards Charge Such High Interest Rates?
How can credit card companies charge 30% interest? Didn’t there used to be laws limiting what interest rates companies could charge? This is outrageous. States can and do have “usury laws” limiting the amount of interest that can be charged by lenders. The problem for consumers is a 1978 U.S. […]
Injury Claim Evaluation By Computer
The same insurance companies with TV ads featuring lizards, friendly hands and smiley faces also methodically feed injury claim information into a computer which crunches the data it feels like crunching and spits out a number. Specific medical documentation is required to establish and optimize any recovery for injuries. This is yet […]
