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Bankruptcy – Why Do You Need a Lawyer?

Bankruptcy cases involve pretty diverse court proceedings. Individuals or business firms who do not have any option to pay off their debts. Tough economic conditions often lead to such difficult times for a few people and companies.

Factually, bankruptcy is the legal procedure in which the court unburdens an individual by either liquidating his assets or by reorganizing them, depending upon the type of bankruptcy chapter one is filing petition under. It is an intricate process that is hard for a common man to understand. Hiring a bankruptcy lawyer can be of great help in this regard.

The two most common options that bankruptcy cases usually offer are:

Chapter 7 – This option is ideal for people who want to unburden themselves completely. Under this chapter, all non-exempt properties and assets are liquidated and distributed among the creditors to pay off the debts. As a person files a bankruptcy case under chapter 7, the court assigns a trustee who takes over the non exempt assets of the debtor concerned and pays off the creditors.

Chapter 13 – this is ideal for all those people who are interested to pay off some of their debts in lower or zero interest. This chapter involves restructuring of debts. A debtor needs to prove to the court that he has a reliable income source to pay off his debts within the given period of time. Thus, this chapter is meant for a person who has a proper job and is in a position to appeal for legal adjustments.

As we can see, a bankruptcy case involves many aspects that involve several complications. A bankruptcy lawyer can guide you through the court procedures, right from filling the paper-works till the court hearing. When you are looking for an attorney for your case, make sure to look for the following factors.

Professionalism – Your attorney must have professional skills. He should be able to handle complex court proceedings with tact and expert knowledge.

Certifications – A good lawyer must hold excellent certifications that can prove his skills in the field. Go through his certificates to have an idea of his professional background.

Experience – This is the most important factor when it comes to looking for a good attorney for your case. Your lawyer must have good experience in the field.

Hire an expert lawyer if you are thinking of filing a petition for bankruptcy. Riverside dwellers can now approach Miller and Associates, PC for professional legal advices.

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Clean Up Your Debts Through Bankruptcy

Bankruptcy is a legal process that permits the debtors who are unable to cope up their debts to develop a payment plan over a period of time and ensures fair distribution of debtor’s assets between creditors. We could not deny the fact that bankruptcy has its negative implications. Filing for bankruptcy requires a lot of process and forms to be filled up that could really be intimidating. Expect loss of your properties, credit cards and investments. Considering these negative consequences, it could really make you feel like it’s the end of the world but put in mind that your life doesn’t end here. In this kind of situation, it would be best to consult a bankruptcy attorney to further enlighten you. Look for an experienced bankruptcy attorney with highest ethics and has a successful record.

In United States, the two common ways to file a bankruptcy are chapter 7 and chapter 13. Chapter 7 also known as the “Straight Bankruptcy” involves a trustee who will handle the distribution of the debtor’s non-exempt property to the creditors in accordance with the Bankruptcy Code. Debtors filing for chapter 7 are usually released from personal liability after three to four months. Chapter 13 bankruptcy also called as the “Reorganization Bankruptcy” allows the debtor to keep non exempt property and appeal a payment plan for three to five years. Chapter 13 is suitable for debtors who have a sufficient and regular source of income.

Despite of the negative consequences of filing bankruptcy, it actually offers a great help when your debt situation is at its worst state. It can eliminate unsecured debts such as credit card balance, unsecured personal loans, medical bills and any kind of debts where the creditor does not have security interest on your property. Filing for Bankruptcy would also halt creditor harassment such as non stop letters and phone calls.

Making decisions for filing bankruptcy is not that easy and it could even lead you to emotional stress and frustration. It would be better to get as much information about it to have a wide range and complete understanding of the situation. Bankruptcy Law’s main objective is to give the debtor a chance to start over and enjoy a debt free life. If you are still uncertain and still having questions running through you mind, consult a bankruptcy attorney to guide and give you options on the right thing to do.

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Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design? Posted By : Abigail Franks

One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It’s also a good idea to get a notebook that it’s also difficult and noticeable if any pages are removed.

The notebook should then be your diary about your product or idea. Who you talk to, what you do to develop it. Rough drawings etc. The idea behind this is to establish “first” or “primary” claim on the idea. By having all the documentation and scribbles dated and written out, it becomes much easier to establish when the idea was first conceived and by whom.

So you have the product designs and idea all written out. Now it’s time to decide if the time, expense and trouble of getting a patent is worth it. There are three basic factors that drive the decision to apply for a patent.

1. Market potential. Is your product the next big thing that will literally be worth millions if not billions of dollars? If the answer is “YES” then it’s worth the effort to obtain a patent. Unfortunately , most decisions are that clearly defined. Many products with limited or local market potential can make the ambitious entrepreneur wealthy but may not be worth the effort to obtain patent protection. Limited market appeal doesn’t mean a product isn’t worth the effort to develop. Somewhere between these two extremes it becomes increasingly important to obtain patent ownership rights.

2. Selling the idea to another company. When companies buy ideas, designs, etc, they’re really purchasing intellectual property rights. If you haven’t established ownership or those rights however, anyone and everyone can take your great product idea and call it their own. It would then be up to you to establish your first claim of ownership. A patent establishes your position as owner.

3. Dollar Value. The higher the value of the product, the more it should be considered as a patent candidate.

The patent process is not that difficult to navigate but it may be a good idea to consider enlisting some assistance. You can get additional information through the United States Patent and Trademark Office. They’re online at www.uspto.gov/web/offices/pac/design/toc.html. A good patent attorney could also be considered to handle the paperwork and application filings on your behalf with the federal government.

Once a patent is approved and issued, you have established ownership rights to your idea or product. This doesn’t mean that you are protected however. Once obtained, it’s then up to YOU to defend your rights through the court system should anyone use your design ideas without your permission. This can be a very expensive proposition and is the reason why the three points above should be considered before applying for a patent.

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Why To File a Trademark Opposition: Understanding the Differences Between the TTAB and Court

One who believes she will be damaged by a registration can file a trademark opposition with the Trademark Trial and Appeal Board (TTAB) of the USPTO. This must be done within the 30-day Opposition Period, although extensions can be sought. Before doing so, it is important to recognize the differences between a TTAB proceeding and litigation in a federal district court.

  1. Although a TTAB proceeding can take less time, oftentimes less than a year, and cost less than litigation, they both are adversarial processes that require an understanding of the Federal Rules of Civil Procedure and trademark law.
  2. A TTAB proceeding is typically easier to file and to dismiss than a court action, without the risk of a requirement of consent or payment of costs and/or fees.
  3. A trademark opposition is filed with the TTAB with any appeal going to the Court of Appeals for the Federal Circuit. This is the only way to be heard by the Court of Appeals for the Federal Circuit, which contains the most precedent related to TTAB matters. Any appeal from a decision in a federal district court will go to the controlling Court of Appeals (e.g. Sixth Circuit Court of Appeals).
  4. While a favorable TTAB ruling in a trademark opposition will preclude the application from becoming a registered trademark, that ruling is not necessarily binding on a federal district court. Moreover, only a court of law can order injunctive or financial relief (i.e. stop the infringing use or award damages).
  5. Leverage in a TTAB proceeding is limited to a petition to cancel the trademark registration relied upon, if any, as part of the opposition. In a federal court action, various counterclaims are available that would make the originally named defendant a plaintiff. In addition, additional third parties could become part of the litigation.

As you can see, there are numerous considerations that have to be made in choosing a TTAB trademark proceeding rather than litigation.

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Property Barristers and Planning Laws

Property barristers are commonly called in to work with planning law. In fact, although barristers specializing in property are a subset of the barrister profession in general, there are also property barristers who specialize in planning. These barristers are loosely known as planning barristers.

There are famous ‘planning chambers’, such as Landmark Chambers, who employ a number of well-trained barristers who specialize in planning law. These planning chambers typically have between 10 and 20 barristers, which specialize in planning law. The higher profile the planning chamber, the more likely they have dealt with high profile cases in the past. This, in turn, usually means that the highest profile chambers will be employed to deal with the largest planning law cases in the country.

Large planning law cases that a property barrister may be called in to deal with could for example include the building or change of a football stadium or other large sporting arena. They may be required to fight the case for the developer who wants to expand. They may for example, be called to examine and make sense of the planning laws regarding nationwide or even international rail networks. Large constructions like airports require a huge deal of planning, and property barristers skilled in this type of planning law will be used to deal with it.

Not all law cases related to planning are huge though. Property barristers can appear for a client at a planning hearing or a planning enquiry, or even a parliamentary committee.

Barristers specializing in property can be employed to simply give advice, albeit expensive advice, on planning laws and how they could affect a business. Property barristers cover a wide range of laws such as those that govern how businesses effect the environment or the countryside or community. They can deal with planning appeals and give advice on how a business must deal with its waste.

Some property law covers items such as nature reserves, listed buildings and conservation zones. When new plans are made for buildings and features within or near these elements, then these laws can get very complex, and will include a healthy number of bodies who have a vested interest. Without adequate representation by a property barrister, then the project will never get off the ground, as the client will have no idea what is expected of them to keep within the law and get the permits they require to begin construction.

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Clean Up Your Debts Through Bankruptcy

Bankruptcy is a legal process that permits the debtors who are unable to cope up their debts to develop a payment plan over a period of time and ensures fair distribution of debtor’s assets between creditors. We could not deny the fact that bankruptcy has its negative implications. Filing for bankruptcy requires a lot of process and forms to be filled up that could really be intimidating. Expect loss of your properties, credit cards and investments. Considering these negative consequences, it could really make you feel like it’s the end of the world but put in mind that your life doesn’t end here. In this kind of situation, it would be best to consult a bankruptcy attorney to further enlighten you. Look for an experienced bankruptcy attorney with highest ethics and has a successful record.

In United States, the two common ways to file a bankruptcy are chapter 7 and chapter 13. Chapter 7 also known as the “Straight Bankruptcy” involves a trustee who will handle the distribution of the debtor’s non-exempt property to the creditors in accordance with the Bankruptcy Code. Debtors filing for chapter 7 are usually released from personal liability after three to four months. Chapter 13 bankruptcy also called as the “Reorganization Bankruptcy” allows the debtor to keep non exempt property and appeal a payment plan for three to five years. Chapter 13 is suitable for debtors who have a sufficient and regular source of income.

Despite of the negative consequences of filing bankruptcy, it actually offers a great help when your debt situation is at its worst state. It can eliminate unsecured debts such as credit card balance, unsecured personal loans, medical bills and any kind of debts where the creditor does not have security interest on your property. Filing for Bankruptcy would also halt creditor harassment such as non stop letters and phone calls.

Making decisions for filing bankruptcy is not that easy and it could even lead you to emotional stress and frustration. It would be better to get as much information about it to have a wide range and complete understanding of the situation. Bankruptcy Law’s main objective is to give the debtor a chance to start over and enjoy a debt free life. If you are still uncertain and still having questions running through you mind, consult a bankruptcy attorney to guide and give you options on the right thing to do.

Posted in For Sale - No Comments

Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design? Posted By : Abigail Franks

One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It’s also a good idea to get a notebook that it’s also difficult and noticeable if any pages are removed.

The notebook should then be your diary about your product or idea. Who you talk to, what you do to develop it. Rough drawings etc. The idea behind this is to establish “first” or “primary” claim on the idea. By having all the documentation and scribbles dated and written out, it becomes much easier to establish when the idea was first conceived and by whom.

So you have the product designs and idea all written out. Now it’s time to decide if the time, expense and trouble of getting a patent is worth it. There are three basic factors that drive the decision to apply for a patent.

1. Market potential. Is your product the next big thing that will literally be worth millions if not billions of dollars? If the answer is “YES” then it’s worth the effort to obtain a patent. Unfortunately , most decisions are that clearly defined. Many products with limited or local market potential can make the ambitious entrepreneur wealthy but may not be worth the effort to obtain patent protection. Limited market appeal doesn’t mean a product isn’t worth the effort to develop. Somewhere between these two extremes it becomes increasingly important to obtain patent ownership rights.

2. Selling the idea to another company. When companies buy ideas, designs, etc, they’re really purchasing intellectual property rights. If you haven’t established ownership or those rights however, anyone and everyone can take your great product idea and call it their own. It would then be up to you to establish your first claim of ownership. A patent establishes your position as owner.

3. Dollar Value. The higher the value of the product, the more it should be considered as a patent candidate.

The patent process is not that difficult to navigate but it may be a good idea to consider enlisting some assistance. You can get additional information through the United States Patent and Trademark Office. They’re online at www.uspto.gov/web/offices/pac/design/toc.html. A good patent attorney could also be considered to handle the paperwork and application filings on your behalf with the federal government.

Once a patent is approved and issued, you have established ownership rights to your idea or product. This doesn’t mean that you are protected however. Once obtained, it’s then up to YOU to defend your rights through the court system should anyone use your design ideas without your permission. This can be a very expensive proposition and is the reason why the three points above should be considered before applying for a patent.

Posted in For Sale - No Comments

Why To File a Trademark Opposition: Understanding the Differences Between the TTAB and Court

One who believes she will be damaged by a registration can file a trademark opposition with the Trademark Trial and Appeal Board (TTAB) of the USPTO. This must be done within the 30-day Opposition Period, although extensions can be sought. Before doing so, it is important to recognize the differences between a TTAB proceeding and litigation in a federal district court.

  1. Although a TTAB proceeding can take less time, oftentimes less than a year, and cost less than litigation, they both are adversarial processes that require an understanding of the Federal Rules of Civil Procedure and trademark law.
  2. A TTAB proceeding is typically easier to file and to dismiss than a court action, without the risk of a requirement of consent or payment of costs and/or fees.
  3. A trademark opposition is filed with the TTAB with any appeal going to the Court of Appeals for the Federal Circuit. This is the only way to be heard by the Court of Appeals for the Federal Circuit, which contains the most precedent related to TTAB matters. Any appeal from a decision in a federal district court will go to the controlling Court of Appeals (e.g. Sixth Circuit Court of Appeals).
  4. While a favorable TTAB ruling in a trademark opposition will preclude the application from becoming a registered trademark, that ruling is not necessarily binding on a federal district court. Moreover, only a court of law can order injunctive or financial relief (i.e. stop the infringing use or award damages).
  5. Leverage in a TTAB proceeding is limited to a petition to cancel the trademark registration relied upon, if any, as part of the opposition. In a federal court action, various counterclaims are available that would make the originally named defendant a plaintiff. In addition, additional third parties could become part of the litigation.

As you can see, there are numerous considerations that have to be made in choosing a TTAB trademark proceeding rather than litigation.

Posted in For Sale - No Comments

Property Barristers and Planning Laws

Property barristers are commonly called in to work with planning law. In fact, although barristers specializing in property are a subset of the barrister profession in general, there are also property barristers who specialize in planning. These barristers are loosely known as planning barristers.

There are famous ‘planning chambers’, such as Landmark Chambers, who employ a number of well-trained barristers who specialize in planning law. These planning chambers typically have between 10 and 20 barristers, which specialize in planning law. The higher profile the planning chamber, the more likely they have dealt with high profile cases in the past. This, in turn, usually means that the highest profile chambers will be employed to deal with the largest planning law cases in the country.

Large planning law cases that a property barrister may be called in to deal with could for example include the building or change of a football stadium or other large sporting arena. They may be required to fight the case for the developer who wants to expand. They may for example, be called to examine and make sense of the planning laws regarding nationwide or even international rail networks. Large constructions like airports require a huge deal of planning, and property barristers skilled in this type of planning law will be used to deal with it.

Not all law cases related to planning are huge though. Property barristers can appear for a client at a planning hearing or a planning enquiry, or even a parliamentary committee.

Barristers specializing in property can be employed to simply give advice, albeit expensive advice, on planning laws and how they could affect a business. Property barristers cover a wide range of laws such as those that govern how businesses effect the environment or the countryside or community. They can deal with planning appeals and give advice on how a business must deal with its waste.

Some property law covers items such as nature reserves, listed buildings and conservation zones. When new plans are made for buildings and features within or near these elements, then these laws can get very complex, and will include a healthy number of bodies who have a vested interest. Without adequate representation by a property barrister, then the project will never get off the ground, as the client will have no idea what is expected of them to keep within the law and get the permits they require to begin construction.

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Trends in Bankruptcy

While Americans continue to struggle with a depressed economy, people often seek ways to get out of burdensome debt. Bankruptcy allows people to stop creditors who may be harassing them with unwanted and threatening phone calls. Desperate homeowners trying to save their houses use bankruptcy as a way to stop the foreclosure process. When the unemployment rate rises, more people use their credit cards to make ends meet. This results in crushing unsecured debt that may take up to ten years or more to pay off. The interest and penalties keep accruing while consumers are barely able to make the monthly minimum payment. Many financial experts predict that the nation won’t see an economic turnaround anytime soon.

Harder to Discharge Debts

In 2005, the United States Congress passed the Bankruptcy Abuse Prevention Consumer Protection Act (BAPCPA). The primary purpose of this legislation was to make it more difficult to qualify for Chapter 7 bankruptcy, which allows individuals to discharge nearly all of their unsecured debts. There was a flurry of people who rushed to file their bankruptcy petition before the new laws went into effect.

The new bankruptcy law requires petitioners to pass a “means test” before they can qualify for a Chapter 7 case. If they are not eligible, they must file under Chapter 13 and formulate a repayment plan. If the debtor’s income is less than the median income for a household the same size, in the same geographic region, they qualify for Chapter 7. In California, the median annual income for a family of four is $79,477. Anyone who makes more than that would not be eligible for Chapter 7.

Bankruptcies Will Continue to Rise

The housing market has dropped to an all-time low and businesses still aren’t hiring. In February 2011, Google reportedly received over 75,000 job applications after announcing their plan to hire 6,000 new workers throughout the year. That’s a 15 percent increase from the previous record originally set back in 2007. Companies who are guilty of outsourcing jobs to foreign countries hit American workers hard in their efforts to find cheap labor. There is enormous competition for jobs and people with Master’s degrees are applying for positions well below their skill set and experience. Debt consolidation programs fail to help consumers actually get out of debt. They are still responsible for paying back their creditors, which doesn’t really provide financial relief. Debt settlement companies have been under fire recently for conducting scams bilking hard working Americans out of money while lying about the services they falsely promise to provide. The number of bankruptcies will continue to rise in 2011 as the jobless rate remains high and food costs continue upwards. Families are finding it harder to feed their families and they have stopped taking expensive vacations or purchasing luxury items.

Getting Advice From a Bankruptcy Lawyer

When a person files their bankruptcy petition, the federal court issues an automatic stay. This means that creditors can no longer legally contact a consumer about a debt. Just the stress of nasty phone calls is enough to push anyone over the edge as collection agencies become more aggressive in their efforts to collect a debt. Recent television news shows have profiled these sharks showing how they use illegal tactics to threaten consumers. Bankruptcy starts to look a whole lot more appealing for many people who have had enough. Before making any major financial decision, consult a bankruptcy attorney for advice about your specific situation.

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