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Statutes

Advantages Of Using A Real Estate Lawyer

Although enlisting the services of a real estate lawyer means spending more money, there are many benefits that a home buyer or seller stands to benefit from in the process. A qualified and competent attorney can help safeguard an individuals interests and ensure that the process is in strict adherence to the laws of the land. Listed here are some of the ways in which an attorney can help one close a deal successfully, without incurring major overheads that might be worth a lot of money.
One area in which they offer a helping hand is in negotiations, where all the transactions are put into writing in form of a contract, to ensure that everything is legally binding. The attorney achieves this in not only negotiating the deal but also in ensuring that the contract is in tandem with state laws. The attorney also addresses any issues that might affect the use of the property in future.
The attorneys also come in handy to help home buyers in the title search so as to ensure that the property is free from any hindrances that may make the process ineffective. The title search is an important aspect of home buying because it determines whether the seller is legally selling the property and also to clear any pending questions. The attorney provides these services much faster and at less costs because these attorneys have close working relationships with title companies.
The attorney ensures that the property transfers are carried out in a legal manner and that the process is as smooth as possible since at times complexities might arise in the course of the negotiations. An attorney has the knowledge of various kinds of business arrangement, s as well as the legal boundaries of the specific locality. The attorney therefore, ensures that the contract is in line with the law and that the terms of the deal do not violate charter agreements.
The deeds for the property are supposed to be filed either at the county of state level. Having a good attorney ensures that this is speeded up and also done in an efficient manner. If the transaction happens to have some restrictions on the property, the legal expert will be able to navigate through the stipulated regulations and be able to complete the process quite fast.
For cases that revolve around commercial property, having these services becomes much more important since there some bottlenecks that one cannot breakthrough as an individual. There are cases that might cause the business to be closed down, such as when there is lack of tax payer identification number.
An attorney is very instrumental in representing the interests of the clients to their satisfaction. Failure to enlist the services of one might expose the home seller or buyer to legal tussles as a result of failing to disclose to the other party some vital information concerning the property.
The reason for this is because the real estate lawyer helps in inspecting the home and ensuring that all the facts concerning the property are well represented. It is also important to note that without an attorney, one might not be able to file the necessary documents with the relevant authorities. This might bring some ramifications in future.…

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General Article

Tips On Finding Tax Lawyers

Tips On Finding Tax Lawyers

When starting your new business, you need to retain a tax attorney to insure that you stay in compliance with all tax laws, both at the state level and the local level. With tax attorneys, you will be able to ensure that your business practices are legal and that all tax laws are being adhered to. The last thing you want to risk when operating your business is getting into any legal hot water or risk the government seizing your business because of unpaid taxes. If you’re searching for tax lawyers, this article will provide you with some basic tips to get on your way.

The most important thing is to find an experienced attorney. An attorney that is new to tax laws may not be as knowledgeable or up to date on taxes relevant to your business. A benefit of an experienced tax attorney is they will know of legal loopholes that will benefit you and your business, as well as any new changes in tax laws that will affect you. An attorney with less experience may not be aware of some of these loopholes or may not have the experience in the real world of tax law compliance.A� It can sometimes be intelligent to consult with a certified public accountant before consulting an attorney.A� Generally, if you are an individual with a tax liability to the IRS and it is a huge sum, then an attorney is probably the way to go.A� If you run or own a small business, it might be worth checking with a CPA first in order to save some money.

Another important step is finding a tax attorney that YOU can work with. You want an attorney who you can build a close business relationship with. After all, he is your adviser and you want to feel comfortable going to him for advice. If you retain an attorney that you don’t feel “right” with, you will not be comfortable turning to him for advice and mistakes are more apt to occur. You want someone you can trust.After all, you are entrusting your business’s tax issues with him/her.

Look for a tax attorney that comes with a lot of experience and one that you can build a close business relationship with. You will be assured that all your tax issues are being dealt with and that you remain consistent with the tax will ensure your business and your living stays safe!…

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General Article

Do I Need a Medical Malpractice Attorney?

Do I Need a Medical Malpractice Attorney?

Medical malpractice or medical negligence can frequently result in the serious injury or death of a patient. In fact national statistics show that malpractice takes the lives of anywhere between 50,000 and 100,000 people every year. There are a number of different examples of malpractice. Some of which are:

* Failed diagnosis or misdiagnosis a disease or medical condition

* Delay in diagnosing or mis-diagnosing a disease or medical condition

* Failure to provide the correct treatment for a medical condition

* Unnecessary delay in treatment of a diagnosed medical condition

* Failure to obtain the consent of the patient

* A surgical or anesthesia related mishap during an operation

* Medication administration mistakes

Medical negligence is when a patient has been harmed by the actions, or the failure to make actions, of a doctor, nurse, hospital or clinic. Negligence even includes psychologists, psychiatrists, therapists, chiropractors, a nursing home staff and other medical providers. Medical negligence cases are complicated. They involve a combination of law, medicine, and science and can be challenging to win. To prove a case of negligence a patient has to show first that a health-care provider acted negligently. After that a patient has to show that an injury was sustained. And thirdly it must be shown that they act of negligence was a deciding factor in causing the injury or damage to the person. Proving negligence requires the testimony of another doctor or health care provider to testify that the care given was not up to the standards of the medical community. Malpractice cases are often defended rigorously and are very complex to begin with. Because of this it is important to collect information early and that a victim of medical malpractice works with a personal injury attorney that they are comfortable with and have faith in to handle their case.

Medical Malpractice Requires Help From Skilled Attorneys

Once again, malpractice cases are complicated procedures and victims of medical negligence must have an attorney who has experience dealing with cases in this field. Victims of medical negligence often times do not have a vast amount of resources to directly take on the negligent parties. There are personal injury attorneys who know this and will make an effort to keep costs low. Some attorneys will only accept payment if a client is able to make a successful monetary recovery from the irresponsible party. If a lawyer does this, you know that they believe in your claim and will work as hard as possible to make sure that you get a settlement out of the negligent party.

If you, or a loved one, have been a victim of medical malpractice or medical negligence you should act quickly as there may only be a short amount of time in which you can legally act. Contact a personal injury attorney right away to know your rights and what compensation you are entitled to.…

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General Article

5 Tips For Hiring A Good Chapter 7 Lawyer

5 Tips For Hiring A Good Chapter 7 Lawyer

Have you decided it’s time to file bankruptcy? If so, the very first thing you will need to do is hire a reputable Chapter 7 lawyer. These special attorneys are skilled in understanding the various details of this specific filing.

It’s true almost all bankruptcy attorneys handle both Chapter 7 and Chapter 13, but each of these is marked by specific details. That’s why it’s probably a good idea to hire someone who is trained in one or the other – whichever you need to file.

How do you find the right person for the job? Here are five areas to focus on.

1) Experience. The first crucial item you should look for is how long has the attorney been in practice and how many specific Chapter 7 cases has he or she has handled. They will know when is the best time to file, what is the best way to file, and many other precise procedures that will need to be adhered to in the federal court process. This sort of experience can only be gained through years of practicing the law.

2) Organization. If you go into the court system without having all of your paperwork organized, you may discover you may not even qualify to file. This is where a good Chapter 7 lawyer would certainly prove the most beneficial. Organized paperwork and a little research will also help obtain the very best representation possible simply because you’ll know what you need for your case. It also helps you save time and money because you’ll spend less time paying your attorney for his or her services.

3) Interview. Speak with your Chapter 7 lawyer before you ever consider hiring them. Ask them every question you can think of – the harder the better. There should be a comfortable feeling about abilities between you two and with the whole staff.

4) Finances. This is vital because you’re probably filing bankruptcy in the first place because you’re challenged financially. Always remember, even though you will need to spend money on an attorney initially, in the long run it will definitely save you money.

5) Focus. It can’t be stressed enough how important it is for you to focus on hiring only a Chapter 7 lawyer. One who can handle these cases will most likely advertise they can. If this isn’t their expertise, they probably won’t say they can in their advertisement. Stick with those who say they have experience in this particular area, and you’ll be fine.

If you feel uneasy about asking your friends for a referral or even checking online, a good place to find a Chapter 7 lawyer is your local bar association. They will be able to tell you if your choice of attorney is in good standing. Armed with this information, you can then feel free to begin your interview to see if he or she is the right fit for you.…

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General Article

Tax Relief Attorney

Tax Relief Attorney

Caught in a quarrel with the dreaded IRS? Whether it be an audit, a tax bill you simply cannot afford, or even a dispute over a certain amount of tax owed, you must seek qualified help. Hiring a tax relief attorney offers not only relief from taxes, but a variety of valuable services to ensure that every angle of your case has been acknowledged and addressed. It is vital that there are no loose threads when taking care of the IRS, and a tax relief attorney is a great way to ensure clearing up problems with payroll, corporate, estate, property, capital games, personal income tax, and also deduction issues.

Other services that a tax relief attorney can provide as far as services go include protection from your IRS errors, translation your tax liability into understandable language, help you file and amend a tax return, deal with the IRS lien or levy, or perhaps negotiate an offer in compromise. A tax relief attorney can also help you manage corporate tax or bankruptcy issues, resolve problems involving personal income or property tax, even bankruptcy issues. In addition to those services, they can also protect your assets by helping you recognize and avoid potential tax traps, manage convoluted business transactions, and help you communicate with the tax authority effectively.

Such an attorney is also helpful in advisement because they can give you feedback, identify your weakness in your legal position, catch devastating errors, draft legal papers, and most important, represent you when you are in over your head. No matter what your situation, a tax relief attorney can help you.…

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Legal Advice

Manchanda Law Ultimate Solution to Overcome Illegal Immigration Woes

Are you a victim of an “illegal immigration” of United States and it has become really difficult for you to overcome such woes? Are you still facing the rut of being criticized as an unlawful resident of United States? Have you tried all your means to settle down in the country but found it useless? Well! Not anymore, as Manchanda Law offices become the reliable solution to it.

Manchanda Law Offices & Associates PLLC- a well reputed name in Attorney, responsible to take all your headaches and make free from illegal issues with mere a click of the button! Since, most of the people have desire to move abroad and settle down in the developed country to earn a good livelihood. But very few people get the chance to do so. Why? Because they have completed all the paperwork related to their immigration case.

And the one who gets failed to make to immigration process is due to improper knowledge about the paperwork and lack of awareness towards the immigration bylaws. It really becomes distressing for immigrant to face the intricate issues of being an unlawful resident of the country just because he failed to complete the legal formalities of migrating to different country. There are innumerable cases piled up in embassy that failed to get the approval of Immigration due to specific reasons.

As a result, people are seen struggling in the court to overcome such dreadful issues on average basis. There are so many reasons to deportation or rejection of the visa file by US government. It makes them disheartened for the approach they had followed to move abroad. It is considered completely unlawful to for a person to enter another country without holding the proper permission from its government. To keep such complications at bay it is important that one must hire a good lawyer or law firm.

And when it comes to hiring the lawyer or law firm, then how you may forget the name of renowned Manchanda Law Offices & Associates PLLC. The most reliable Law firm based in New York, which has worldwide immigration Law case dealings. A giant company with more than thousands of attorneys ready to assist people living in different parts of the world for different types of immigrant and non-immigrant visas.

When you are with Manchanda-Law Officials or experts, you are contented to get the best services to migration and paper filling procedures without any hassle. Whatever may be your reason to move abroad, these lawyers help you undertake the right procedures with time to time follow ups.

Manchanda-Law Offices PLLC headquartered in New York specializes in Immigration Law, International Law, and Criminal Defense. Rahul is the founder and principal of Manchanda Law Offices PLLC and heads a skilled team of attorneys.…

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General Article

Cancellation of Indebtedness Income and the New Regulations

Cancellation of Indebtedness Income and the New Regulations

Imagine taking out a loan and making regular and timely payments on the loan until an unforeseen circumstance occurs such as a job loss or personal illness. You notify your lender and explain your circumstances. Fortunately, the lender agrees to forgive a portion of your loan. However, you discover when you file your yearly income tax return that the amount of the loan that is forgiven is considered income and taxable. This is called cancellation of indebtedness (“COD”) income, an unsuspecting result that we should all be aware of especially in the current economic climate.

Under section 108 of the Internal Revenue Code and subject to a limited number of exceptions, amounts resulting from the discharge of indebtedness (that is amounts resulting from loan forgiveness) are included as part of a taxpayer’s gross income. The exceptions to this rule include indebtedness discharged (1) according to a bankruptcy proceeding, (2) when the taxpayer is insolvent, (3) by non-corporate taxpayers if the debt was incurred or assumed by the taxpayer in connection with real property used in a trade or business and the debt was secured by the real property, or (4) that is qualified principal residence indebtedness which is discharged before January 1, 2013.

New COD Income Deferral Rules

On August 11, 2010, the Treasury Department and IRS released two sets of temporary regulations concerning the rules under Internal Revenue Code section 108(i) regarding COD income incurred by C corporations (see T.D. 9497 and REG-142800-09) and S corporations or partnerships (see T.D. 9498 and REG-144762-09) with respect to reacquisitions of applicable debt instruments made in 2009 or 2010.

Background

Provisions in the American Recovery and Reinvestment Act of 2009 (as codified in Internal Revenue Code section 108(i)) allow certain taxpayers that reacquire certain debt instruments in 2009 and 2010 to elect to include certain COD income ratably over 5 years beginning in 2014. The taxpayer may reacquire its own debt or have a related party acquire the debt. The debt can be acquired for cash, exchanged for new debt or equity, contributed to capital, or forgiven.

An applicable debt instrument is a debt instrument issued by a C corporation or any other person in connection with the conduct of a trade or business by such person.

If an entity that made the election were to liquidate, sell substantially all of its assets, or otherwise cease all business operations, the COD would be recognized at that time. Similar acceleration rules would apply to a partner or S corporation shareholder that transferred an interest in a partnership or S corporation that had elected deferral. Additional rules would apply to partnerships.

On August 17, 2009, the IRS issued Revenue Procedure 2009-37 to provide rules and procedures for making an election under the new code section 108(i). The IRS added that additional guidance may be released including treasury regulations addressing issues in the revenue procedure, and the regulations may be retroactive. The revenue procedure provides:

– Taxpayers making the election are to provide additional information on returns beginning with the year following the year in which the election is made.

– Partnerships the flexibility to make the election on a partner-by-partner and debt-by-debt basis.

– An automatic 12-month extension from the due date of the election for making the election under Treasury Regulations section 301.9100-2(a)

– Procedures by which a taxpayer may make a protective election under Internal Revenue Code section 108(i).

The Temporary Regulations

C Corporations

The temporary regulations relating to C corporations generally reflect a narrower interpretation of the statutory acceleration events and rather focus on events that impair the ability to pay the tax liability associated with deferred income. These temporary regulations do not require acceleration in every instance but apply rules in three situations when corporations have impaired their ability to pay their tax liability. These three instances are:

– When the electing corporation changes its tax status.

– When it ceases its corporate existence in a transaction to which the rules relating to the carryover of attributes in certain corporate acquisitions of Internal Revenue Code section 381(a) do not apply.

– When it engages in a transaction that impairs its ability to pay the tax liability associated with its COD income.

Partnerships and S Corporations

A second set of temporary regulations were issued regarding to the application of Internal Revenue Code section 108(i) to partnerships and S corporations that have made this election. The acceleration rules that apply to partnerships and S corporations differ from those that apply to C corporations, and include the following:

– Rules determining if a sale by an electing partnership or S corporation of some, but not all, of its assets constitutes a sale, exchange, transfer, or gift of substantially all of its assets.

– Rules for …