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Civil Law

Ownership Cost for Vehicles: United States Supreme Court Affirmed Ninth Circuits Judgment in Ransom

In 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act or BAPCPA was passed by Congress and created the Means Test. The Means Test was created in an attempt to change a perceived problem with the bankruptcy system. The idea behind the Means Test was to take IRS standard deductions and compare them to the income of those in need of bankruptcy protection. The theory is that the Means Test would level the playing field and show if someone was spending too much money on housing, food, utilities, and if so, how much should they be spending to have money left over to pay their debts. The Means Test was designed to show that a person has disposable income to pay some of their debts back in a Chapter 13 bankruptcy rather than having all of the debts discharged in a Chapter 7 bankruptcy.
Since the creation of the Means Teses, many bankruptcy lawyers have included deductions in line 28 and 29 for “Ownership Deductions” even though the person filing for bankruptcy did not have a vehicle loan or lease for their vehicle. By taking this additional deduction a person filing bankruptcy can reduce their disposable income significantly and therefore have no disposable income available to pay their unsecured creditors.
On January 11, 2011, the United States Supreme Court upheld the Ninth Circuits judgment and held that the “Ownership Cost” in line 28 and line 29 of the Means Test may only be taken if the bankruptcy filer actually has a car loan or lease expense. If a person owns their car free and clear then they must not take the “Ownership Cost” deduction.
The issue in this case turns on the interpretation of the word “applicable.” What a mess one simple word could create. The moral of the story is when Congress is considering the language of laws to pass, they must make their intent clear and analyze each word they use when drafting new legislation. One word could make a huge difference. Contact one of our San Jose bankruptcy lawyers or San Francisco bankruptcy lawyers for more information about the Means Test.…

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Civil Law

A Simple Guide That Can Help When You’re Injured

Personal injury lawsuits are quite common. Nonetheless, it is often difficult to determine whether or not you should move forward and file a claim. This article will make sure you know everything you need to know.

When writing down what happened after an accident, you must detail your injuries clearly. Do not forget anything, including small cuts and bruises. Add bruises and bumps to your list of injuries. Write down any mental problems you face later on as well.

Look online for reputable personal injury attorneys. The more information you can dig up, the better your chances of landing an excellent attorney for your case. For the best results, look for a lawyer that has experience and a good track record.

You should avoid hiring personal injury attorneys just because you’ve seen their television commercials. This only leads to disaster. If you want to consider such a lawyer, be sure you research them thoroughly before making an appointment. Not doing so can waste your time and money, and leave you with an inexperienced attorney.

Document the personal injury and take pictures at every possible angle in case of a court case. If your injuries prevent you from taking the photos yourself, have someone take them for you. Don’t wait until later. This should be done immediately to make sure you get accurate pictures.

Insurance companies can be tricky to deal with. You may have to come in contact with an insurer, so make sure to be on guard when this happens. The aim of these companies is to get the matter settled as quickly and as inexpensively as possible. It is probably a good idea to speak with a lawyer before you accept any offer from an insurance company.

Keep good documentation of all your doctor and hospital visits. Good paperwork is important when you are pursuing an injury case. This is because a lack of proof will lead to a losing case. If you have the proof, however, then you’re able to show that you are seriously injured and actually need the compensation. Not provided this information may make is seem you are untruthful or manipulating the court system.

After a car accident, wait until a police officer tells you to move your vehicle before moving it. This may cause more damage, and complicate your claim to the other party. The only time this must happen is in a busy street.

If you’re physically injured, document them using photos before getting treatment. This will make your case stronger by showing how extensive your injuries were. Depending on the extent, it can make a significant in the size of your award for your pain and suffering.

However you lose money, document it. The cost of traveling to doctor’s appointments, damage to your personal property and time off work are included. When going to court, you need proof of these things; otherwise, your compensation likely won’t be as high as it should be.

These tips should help you feel confident about your personal injury case. Using the advice from this article can help give you an edge in winning your case. You can move in the right direction with this knowledge.…