What Assets Can You Keep After Bankruptcy?

Attribution: Mike_tn

With the economic downturn forcing many people to consider Chapter 7 many law firms are expanding their bankruptcy department to accommodate the increase in clientele. However, many of these people considering bankruptcy fear that conceding bankruptcy means that creditors are necessarily going to claim much of their finances, assets, and maybe even their home.

The truth is that there are many federal and state laws in effect that protect debtors from this kind of savage repossession that the creditors are known for. In fact, some of your most valuable and important assets can be protected, depending on which state you live in.

Here's a recently published article from a law website that discusses some assets that may qualify for an exemption after bankruptcy. People might be relieved to see that their house, pensions, insurance, and even vehicles may be protected by their state's exemption policy. Hopefully a more thorough understanding of what you can expect to retain after bankruptcy will make you more confident in your financial decision.

Bikini Wax Malpractice

We know that concern for physical appearance in America is one of our favorite pastimes. We spend hours and hours and dollar upon dollar to ensure that our makeup is perfect, our hair looks its best, and our skin is tan. Since most of these procedures are so commonplace we don't even think twice when we make the decision to squeeze a manicure into our lunch hour. These kind of procedures have become part of our daily routines.

Which is why it's disconcerting to learn that a basic procedure has recently received attention for the injury that it has left its patients with. The procedure is waxing, and there have been enough malpractice suits resulting from this type of procedure to raise eyebrows among the legal and civilian communities, alike.

Attribution: Max xx

It's easy to look at waxing as a necessary evil in maintaining our look - especially in the summer months. By no measure is it as enjoyable as a massage or a spa treatment, but it has almost become a necessity if someone wants to look their best when showing a little bit of skin. It's also a more dangerous procedure than people had previously thought. Cases like these in New Jersey have involved women who have sustained labial lacerations that have been so severe that they required the patient to receive stitching to close the wound.

There have even been cases in New York City in which the customers have left a waxing establishment and contracted severe illness since bacteria was more likely to penetrate the tender skin around the newly-waxed regions. Other women have even contracted folliculitis - a serious infection of the hair follicles - because spa employees apparently neglected her insistence that she had very sensitive skin. Another defendant was so affected by her injuries that she decided to sue the state cosmetology board of New Jersey.

Spa technicians might decide that your wax requires what is called 'speed wax', making it faster and easier for the technician to complete your procedure. However, speed waxing is not as gentle as other options and is more likely to leave the customer with superficial lacerations. 

Many of these cases have been settled for anywhere from $18,000 all the way to $180,000 for the defendants. In all accounts, spa employees have been said to have been negligent with how they handled the waxing, resulting in these serious injuries. Here are some things that the defendants share in these types of cases:

• Defendants claim to have informed spa employees of sensitive skin before the treatment
• Defendants experience painful lesions on the inner and outer labia following treatment
• Defendants remark that the wax used was too hot and extraordinarily irritating
• The improperly-waxed regions have allowed bacteria to develop into serious infection in the defendants.

These cases are becoming less uncommon, so make sure that you contact an experienced legal representative for a consultation if you think you may have experienced similar genital disfigurement following your waxing. The team at Therling McCarley is familiar with these types of cases and can offer its expertise and dedication to helping you receive compensation for your injury.

Getting a Divorce in Frisco?

Trying to understand the process of and considerations made in a divorce case can be difficult, but in this article, we will try to provide an overview to get you started in understanding divorce laws in Texas. While we will explain the basics of grounds for divorce, if you are going through a divorce or considering one, you should speak with an experienced divorce attorney in Frisco, or wherever you are filing for divorce.

Before we get to grounds for divorce, we must first discuss the residency requirements to file for a divorce in the first place. In Texas, either the one filing for divorce (the petitioner), or the other party (the respondent), must have been a domiciliary of (have lived in) Texas for the previous six months and be a resident of the county where the divorce is being filed for 90 days before a divorce can be filed. For the purposes of divorce law, an active duty member of the armed forces who is stationed at a military base is considered a domiciliary of the state and the county the base is in, though the six month statewide and 90 day county-specific requirements still apply. If these residency requirements are not met, the court will dismiss the case.

Now, if residency requirements are met, there still have to be grounds for a divorce. These grounds include: (each quoted from the Texas Family Code)

• CRUELTY.  The court may grant a divorce in favor
  of one spouse if the other spouse is guilty of cruel treatment
  toward the complaining spouse of a nature that renders further
  living together insupportable. (6.002)
• ADULTERY.  The court may grant a divorce in favor
  of one spouse if the other spouse has committed adultery. (6.003)
• CONVICTION OF FELONY. (6.004)
• (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
• (1)  has been convicted of a felony;
• (2)  has been imprisoned for at least one year in the  state penitentiary, a federal penitentiary, or the penitentiary of another state;  and
• (3)  has not been pardoned.
• (b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
• ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse: (6.005)
• (1)  left the complaining spouse with the intention of
  abandonment;  and
• (2)  remained away for at least one year.
• LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. (6.006)
• CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed: (6.007)
• (1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Code, in this state or another state for at least three years;  and
• (2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

So, there they are, the grounds for divorce: cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Additionally, Texas has a no-fault divorce law allowing for a divorce “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code 6.001). However, the court may consider faults when determining how to divide assets, so it is often recommended that the petitioner include faults in their petition, rather than seeking a no-fault divorce.

Favoritism and Harassment in the Workplace

My friend is in a constant struggle with a supervisor at her work. Even though she is one of the most well-liked and trusted employees at the firm, the supervisor is borderline harassing her.

Read more here.

Frisco Sexual Harassment Law

Although there are laws in place protecting employees from sexual harassment, it is still not possible to prevent it altogether. There are usually many internal elements that are attributing to the harassment. It is important to note that what constitutes sexual harassment is basically vague since what one may consider as sexually harassing may not be considered as harassment by another.  However, if you feel uncomfortable because of an unwelcome act either directed towards you or to a coworker, you can always file a sexual harassment claim.

According to the EEOC or the US Equal Employment Opportunity Commission, any sexual advances either verbal or physical are considered sexual harassment if these acts are unwelcomed by the receiver. It can also be done by members of the same gender and the harasser does not necessarily have to be in a superior position over his or her victim.

Who can be affected?

Anyone can file a sexual harassment charge even if they are not the one being harassed. Any person who is offended by the nature of the act can file a complaint. Usually, this is an administrative case i.e. a case that the company will have to handle first but if it cannot be resolved within the workplace, the complainant can always file his or her complaint to the EEOC. Companies usually have the same policies for filing and handling sexual harassment complaints while some do not have any in place. EEOC says that charges should be filed within 180 days of the act or violation.

What are your rights?

It is interesting to note that very few people file a complaint for sexual harassment but one has to know one’s rights. Every person has the legal right to be in a workplace free from sexual harassment and also has the right to not receive retaliation from harasser either for firing a charge or testifying for the sake of the victim.

If you think you have been sexually harassed in the workplace, you should file charges with the EEOC. You would need to do this before you can file a lawsuit.

History of the Law

The term sexual harassment was first used in a report addressed to the president of MIT in the year 1973. However, the term has already been in circulation in earlier in the 70s among women’s groups in the State of Massachusetts. The law does not prohibit offhand comments or innocent teasing but these two acts can become illegal once they become frequent or severe that the victim finds the environment hostile. It is important to note that the person doing the harassment i.e. the harasser may not know he or she is harassing another individual. There are different behavioral classes under sexual harassment but according to Dzeich et al, the two broad classes of sexual harassment are public and private. Public harassers usually harass just about anyone while private harassers maintain a respectable image and only change their demeanor when they are with their target.

There are also predatory harassers, dominance harassers and territorial harassers. If you have been a victim of sexual harassment in the workplace, please consult your trusted Frisco attorney's to discuss your options. 

Bankruptcy Process Chapter 7 & 13

Federal Rules of Bankruptcy Procedure or Bankruptcy Rules, govern all local rules of each bankruptcy court. There are over 90 bankruptcy courts across the US. Most of the bankruptcy process is administrative and less time is spent in front of a bankruptcy judge than you would think. A chapter 7 debtor may not even see a bankruptcy judge unless there is an objection in his/her case.

The process for Chapter 7: A trustee takes over all assets of the debtor estate, liquefies the assets and then pays off debtors. The debtor has a right to retain certain exempt property. The debtor is relieved of liability and debts are discharged.

The process for Chapter 13: This is a better option for bankruptcy, the debtor has the option of holding on to his/her estate. If the debtor has a consistent source of income and can make payments to his creditors.
The bankruptcy process is very complex and requires a professional attorney so help you through the process. Learn more here.

Contact your trusted attorney to find out the best option for your bankruptcy case.

What is Medical Malpractice?

What is Medical Malpractice?

Common forms of medical malpractice include; administration of the wrong medicines, misdiagnosis, improper treatment and other misconduct. The person(s) who are held accountable in medical malpractice lawsuits are the technician, doctor and sometimes that hospital where the care was administered. Hospitals can be legally bound and responsible for the employees they employ, this also hold true for other industries. The judge will use this method to determine whether or not malpractice is apparent in the case;

• Would the injury not have accord in absence of negligence? 
• Was injury sustained by only the accused in control? 
• The plaintiff’s actions were not to blame for the injury? 

If all the answers are yes, negligence speaks for itself. The standards for medical care state that professionals in Medicare have a higher duty to perform their special ability. A patient trusts a doctors knowledge in his/her specialty to use his expert opinion for the patients best interest. When a patient can prove negligence on the doctor’s part, this is of course known as medical malpractice. If you fit all of the above questions please consult one of our trusted attorneys to evaluate your case and discuss options.