Personal Bankruptcy - Can bankruptcy affect your work?

If you are in debt and thinking about how to end problems of the day, you are concerned about your privacy. Who will know about their problems, and what kind of effect it will have on the main obstacles to getting out of debt.

After all, this is a personal matter - not something I want to discuss with the world.

Under normal circumstances, your employer will not know that you have filed Chapter 7 or Chapter 13. Exceptions to this rule are:

   1. The payroll department can be notified to suspend execution of income (wages garnished).
   2. If you file a Chapter 13 bankruptcy and the court requires that Plan payments made through payroll deductions, then your payroll department will need to know who to send payments.

The chances are slim that your employer takes the time to go to court and enter your name, social security number and other identifiers in order to find out if you have filed a case. It is possible, but think about it - how likely is that someone has that kind of time on their hands?

If your employer know about your case, you can be fired? Generally, no.

In New York, an employer may hire and fire employees at will and employees can be closed at any time. This is called "employment" and is the general form of doing business across the country.

Section 525 (b) of the U.S. Bankruptcy Code protects you from being fired due to bankruptcy. This section states that no "private employer may terminate the employment of, or discriminate in employment against, a person who is or has" made solely on the basis of the declaration of personal bankruptcy new york.

In other words, can not be fired solely because you filed for relief from the problems of your bill. Of course, your boss could fire you for other reasons. So if your job performance is not up to snuff, you can not hide behind the U.S. Bankruptcy Code for protection.

In practice, some employers may actually be happy when you use the law to get out from under the problems of your bill. Once you submit a case that is less likely to be distracted by money problems. Are less likely to "lay hold of the box" to cover their expenses. You will not receive annoying phone calls at work more. Payroll will not have to deal with income executions served by angry creditors.

Changes in New York, New Jersey and CA Means Test figures: the affordable bankruptcy filing on time

If you are intent of New York or New Jersey or file for bankruptcy in California, for example, or an interest in the business of personal bankruptcy as a professional, or consumer or bankruptcy petition preparer, it is important that you know this . That is, no change in New York, New Jersey or California means test figures, as in most other states in the nation. Only last November 1, 2010, the income figures used in the calculation of "evidence" the numbers of consumer bankruptcy, changed substantially. These revenue figures are published by the U.S. Census Bureau.

What is important to note, if you are a debtor provides economic bankruptcy filing on time, or trying to present is that these changes could have serious implications for how, when or if even you can qualify for bankruptcy in their condition in terms of how it may affect their time the most important "means test" results-the main element that determines whether you qualify to file under Chapter 7 or Chapter 13. The point here is with the planning of your bankruptcy.

What is the means test?

There are basically two types of bankruptcy available under the current bankruptcy law, if you declare personal bankruptcy of customers - Chapter 7 and Chapter 13 rate. And you will be able to present either of these two, depending on which of them is eligible to receive under its income and expenditure structure. It makes a big difference which of the two types that can qualify. Why? Because the chapter 7 bankruptcy new york, also known as "straight bankruptcy," basically allows the "approval" (eliminate) most of your debts, but in return for which you have to give up any property that has , if any, that are not "exempt" permitted by law. And conversely, for Chapter 13 type (also known as "bankruptcy fee"), you will need to develop a "payment plan" arrangement with creditors and agree to pay all or part of your debts into one period of three to five years under the supervision of the bankruptcy court, but you have to keep all properties regardless of value.

But here's the important point here: basically what determines who is entitled to file for bankruptcy, or if you (the debtor) must be eligible to file under Chapter 7 or Chapter 13 type, is simply this: the results EVIDENCE LOS calculations.

Basically, the way it works is that the mechanism of means test will be the calculation of the last six months of income of the debtor as of the date of the calculations and the resulting figures will tell whether you qualify to file Chapter 7 or a Chapter 13.

New York changes in the numbers of test:

In practical terms, this is what this means to you as an attempt by the debtor in the bankruptcy filing timely financial. These test calculations means it is based primarily on the "median income" of the debtor in the state and locality of the debtor. So, assuming you're a New Yorker bankruptcy filing in that state, and which are expected to submit presentation or AFTER October 31, 2010 (the effective date of last modification), the median income for each size family, reflecting the new changes in New York means test figures would be as follows:

One employee - $ 41,554
2 people - $ 50,367
3 people $ 60,850
4 people - $ 72,170

The figures changed to New Jersey

If you are a New Jersey trying to present timely financial bankruptcy in New Jersey, and are doing so after October 31, 2010 (the effective date of last modification), the median income for each family size , reflecting the new changes in New Jersey means test figures would be as follows:

One employee - $ 51,881
2 people - $ 61,375
3 people $ 77,728
4 people - $ 90,261

And if you're a Californian trying to present timely financial bankruptcy in California, and are doing so after October 31, 2010 (the effective date of last modification), the median income for each family size, the reflecting the new changes in California means test figures would be as follows:

The figures changed to California

One employee - $ 43,107
2 people - $ 57,237
3 people $ 62,112
4 people - $ 70,712

Now, to make the necessary calculations based on these new figures, if the income of the state were above these figures, we should complete the rest of the form of means test, which means that you can not qualify for bankrupt economic bankruptcy in Chapter 7 and may be forced to have to file under chapter 13 bankruptcy new york instead of Chapter 7.

In essence, the point is that, mainly due to the economic situation in general in America, and the fact that a growing number of employers have been cutting wages, as more and more people are losing their jobs, the thresholds MEDIAN have fallen at the same time, however, while the threshold for filing a Chapter 7 bankruptcy has increased. In summary, in this economy, as their incomes and a growing number of Americans falling, so too can their ability to file a Chapter 7. Therefore, for a bankruptcy filing in New York, for example, this means that the test of New York figures change means in practical terms for you, is that despite their financial situation may be the same right on the day before the new income threshold kick it more difficult for you to file Chapter 7 on the day immediately after the October 31, 2010, the cost is probably increasing, and income median in your state may have been declining. The meaning therefore that makes it more likely that your chances of getting relief from the crippling burden of debt through a Chapter 7 bankruptcy, have been declining.

THE MESSAGE?

The central importance here is the planning of bankruptcy in order to have the most beneficial time. The point is that when it comes to the monumental issue of personal financial decision of whether or when to file for bankruptcy, can often be very unwise and ill-advised for you to wait until the last minute to plan or to speak with the right advisors to properly inform or help, since the delay can only cause you to lose the qualification to file under Chapter 7. In other words, timely filing for bankruptcy, which means to take a means test on time, is the key to everything to have the most beneficial bankruptcy.

Fortunately for borrowers, there are currently available today a handful of specialized companies that offer free trials online or real economic and can provide these services to really low prices that allow you to make a presentation at term economic collapse . This is skilled and experienced professionals who specialize in the procedure. And should consider going to get a proof of one of these suppliers as quickly as possible. Usually get a debtor who is simply interested in filing for bankruptcy and just want to know whether or not qualified to file for bankruptcy, half full of the evidence fairly cheap and affordable prices for the average debtor. This means that prices as they are, after all, rather than to prepare a routine means test form, are more in line with the charges that you would find in the middle of your tax preparer for the preparation of their routine forms of tax year!

With specific reference to changes in New York, New Jersey and California means that the figures cited above test, now, let's say you're a New Yorker, for example. What do the changes in the number of test state media means for you in terms of planning for bankruptcy? Once you have taken the test, if you were to find, for example, from test results that are within the limits of the limits of the State of new revenue, then you may have to decide for himself whether was no need to file a bankruptcy case as soon as possible, although it is the past October 31, 2010 for you to qualify to file under Chapter 7.

Procedures for converting a separation agreement in divorce under New York Law

Under the National Labor Relations Act of New York, Section 170.6, a separation agreement signed and acknowledged can be used as the basis for a divorce on or after their first anniversary. When a divorce is obtained in this way is known as a "conversion divorce." Within one year is from the correct execution of the signatures of both husband and wife before a notary public, not from the date of the agreement. A separation agreement can not take into account for purposes of calculating its expiration, any time apart already before the agreement.

Legal requirements applicable to the implementation and recognition of separation agreements in New York are strictly enforced. National Labor Relations Act of New York requires a separation agreement be signed by the parties thereto and acknowledged or proved as required to authorize a deed that was filed in the State of New York. The recognition, at the end of the agreement, must be substantially as follows:


    STATE OF NEW YORK, NEW YORK COUNTY) SS.

    On the day of _______, 20____ before me, the undersigned, a Notary Public in and for said State, personally appeared ___________ known personally to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument.

    Notary public

Often, individuals find that delayed separation agreements that have run out of New York can not be used as a basis for a conversion file divorce new york, due to the different form of recognition that is used in other jurisdictions. The drafting of a separation agreement must be supervised by an experienced divorce lawyer New York.

The agreement must be filed in the county of residence of either plaintiff or defendant. Presentation of the separation agreement is usually done before the start of the divorce action, but can be done simultaneously. Can also be done simultaneously with the filing for placement on the calendar of the uncontested divorce court (which is done by filing a Notice of the issue). In any case, the circumstances in which the agreement must be presented accurately stated in the pleadings. If a separation agreement is used as the basis for a contested divorce new york, the pleadings and other court documents must contain the following:

    Plaintiff and Defendant have lived separate and apart under a written separation agreement. The deal has been recognized by both parties in the manner provided for an act that was recorded. The agreement was filed with the County Clerk of ________ County (above) or is submitted simultaneously with the summons and complaint, or has been filed simultaneously with the note of issue. The plaintiff has substantially performed under the terms of the agreement.

A single copy of the agreement must be attached to the pleadings when filed with the court for placement on the calendar for divorce by mutual consent.

Learn more about Bankruptcy Law New York

The lawyers are evaluating the documents, data, and even be present in court proceedings and the conclusion of the excellent choice and likely to obtain for you according to the new york bankruptcy law.

All these facts make it even more important to choose the right lawyer, you would be able to take over their responsibilities in an ethical and respectful. Lawyers involved in bankruptcy cases has the knowledge and understanding of the differences relating to creditors and debtors. According to the bankruptcy law in New York, Removes straight foreclosures and bankruptcy bankruptcy laws referred to in Chapter 13 and 7, respectively, the chapter allows bankruptcy lawyers in New York to file bankruptcy cases .Few people do not like to file a bankruptcy petition to resist his family to enter into any kind of risk. In such cases, bankruptcy attorneys are very useful as they help their clients to negotiate with your creditors and agree with them and result in a ground up in a debt settlement and arrange for the refinancing . You should make sure before you hire an attorney who has both the ability and knowledge and legal experience to have the most recent bankruptcy laws that took effect on 17 October in the year 2005, which affects the rights of the debtor , filing Chapter 13 and Chapter 7 filing.Furthermore, the presentation of a bankruptcy case is a lengthy and tense place in Las Vegas. According to the Bankruptcy Act of Las Vegas, both in Chapter 13 and Chapter 7 are options open for people to file a personal bankruptcy new york case, but not everybody can use. In Las Vegas, you have to choose a lawyer based on your needs.

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"Reformed" Personal Bankruptcy Act of 2005, now broken, should urgently be truly Reformed This Time

Time, once again, the reform of bankruptcy law ny of 2005 amended, and the reform of the new reform of Chapter 7 bankruptcy? Or even Chapter 13? On October 17, 2005, amid atmospheric phenomena highly charged drama, solid promises and expectations, the new bankruptcy law, the Bankruptcy Abuse and Consumer Protection Act or BAPCPA, which was enacted by Congress in largely at the behest of the credit industry and financial, among other special interests, put into effect quickly. Generally called "reform" of bankruptcy law, the law had been regarded as a kind of failure of cure-all that is going to fix a "broken" bankruptcy system in the U.S., especially, reverse or reduce dramatically high volume of bankruptcy filings and the increased use of bankruptcy by American consumers in resolving their debt problem. The general argument, dominant and the premise expressed by the banking and financial industry advocates and supporters of the reform law, and their sponsors in Congress, was that the growth of the bankruptcy was due to "bankruptcy fraudulent "by consumers and excessive" generosity "of the bankruptcy system of age, as he said, encouraged" abuse "and allowed a large number many of the debtors to repudiate debts that may well pay to least in part.

A Congressional Research Service (CRS) report on the matter "which outlines the legislative objectives of [the] Consumer Reform," summed it up this way:"The high volume of consumer bankruptcy filings during the 1990 fuels the argument that current law is too lenient, ie, 'debtor to use' bankruptcy. Proponents of consumer bankruptcy law new york reform cite many reasons their support. The legislation seeks, among other things, to make the presentation more difficult and thus prevent failures "of convenience" to revive the social "stigma" of bankruptcy to avoid bankruptcy be used as a financial planning tool to determine who can pay their debts and to ensure that they do, to lower interest rates consumer credit, and to maximize distribution to secured or unsecured creditors to carry out these objectives, proposals to implement a "means test" to determine the eligibility of consumer debtors to file under chapter 7 "..

Divorce has become easier NY With the new law of no-fault divorce?

Until a couple of months ago, if you want a divorce in the state of New York he had to plead and prove no fault divorce nyc grounds for divorce is granted by the court. This basically means that in order to get your marriage failed he had to accuse his wife of adultery, cruel and inhuman treatment, abandonment, or other equally morally degrading acts. Do not just accuse your spouse of one or more of these grounds for divorce, he had to prove to the Supreme Court of New York that were true. This complicated things.

In the case of adultery, New York has strict rules that prevent even as sufficient proof of a spouse's own admission of adultery. Scorned wife desperately wanted to prove that your husband or wife had been unfaithful to them as their last act of revenge, but sometimes could not meet a high bar that New York created to prove adultery. You would have to spend a lot of money in legal fees, they risk more damage to his family in an ugly divorce and losing much time trying to meet these burdens of proof at trial. As you can see, the old system of fault-based divorce was archaic at best and the cause of many problems that finally now avoided with the new no-fault regime.Under the new law of divorce in New York no-fault, can divorce if your marriage is "irretrievably" broken for six months. This means that while you and your spouse agree that divorce and do not want to discuss the fact that their marriage has not been working for six months can divorce. Although there is a warning to the law of no fault divorce new york: you must have been married for at least six months to claim that their marriage had been failing for six months. You will be surprised how many calls you receive our law firm for people who have been married for a month or two and you want to leave.Another common misunderstanding about the new no-fault divorce law is that it is unilateral divorce. You still need to know where your husband at your service, so they can sign the divorce papers or decides to contest the divorce. You simply can not divorce without the consent of your spouse or knowledge.

The advantages of a divorce by mutual

Many states these days couples the chance to go through a simple, uncontested divorce nyc. In fact, this is the way most couples do divorce. It is relatively simple and inexpensive, and preserves the dignity of both parties and privacy.

Divorce is expensive, no matter how you look, but if you need to get a divorce, an uncontested divorce can save you time and money, and pain as much as possible. This situation is quite difficult, and you do not have to make it more difficult than the divorce itself contentious, unless absolutely necessary.If there are issues in their marriage especially controversial unresolved (such as child custody), then a divorce can not be the way forward, because, of course, you will need to ensure that their rights and those of their children safe. In fact, in some states, if there are children involved, divorce may not even be an option for you.However, if you and your soon-to-be ex-spouse are in relatively good condition and simply do not need to be married already, and if issues such as child custody and are resolved between you, then an uncontested divorce agreement will be easier for everyone. Yes, the divorce is still painful, but an uncontested divorce new york makes it as simple as possible a process, too.Privacy is also a problem with divorce. The disclosures are to each other need not be a matter of public record unless everyone wants to be, if the divorce is contested. The agreement you make will be a matter of public record, but that only. By contrast, the contested divorce is likely to have all the nuances of a small single divorce a matter of public record, simply because the spouses in a great battle with each other such things a matter of public interest. So if you want to protect your privacy, work out the details of the divorce between you and simply make the final arrangements a matter of public interest, not all who have had little discussion as well. This is easier on their children, too.

When someone needs a bankruptcy attorney?

Here is a look at the time of filing for bankruptcy protection to anyone needs the services of a good Bankruptcy Attorney NYC.

PresentationThe initial presentation in the bankruptcy court requires an attorney to file correctly. This is not an easy task and a lawyer will ensure that documentation is on file in the right place at the right time. The words that are used daily in court proceedings often have specific legal meanings are not the same as when using these words in everyday speech. Lawyers are trained to use appropriate legal language. Failure to submit the completed forms, delaying the process and create legal risks.ProtectionAn attorney should be retained when there are assets to be protected. Each state allows certain personal property shall be kept by those who are filing bankruptcy and a lawyer knows how to take advantage of this legal protection.When creditors is an applicant need a lawyer. Not only are some of the petitioner's personal assets protected, but there are limitations on the recovery of creditors. Those without legal representation in bankruptcy proceedings will not be able to effectively defend the claims that are unfair or illegal. A lawyer fighting for the customer, provide the necessary legal advice and ensure that the interests of his client are duly taken into consideration.ResearchLegal research is needed and gets better with a good bankruptcy attorney. An attorney has knowledge of case law and legal precedents affecting his client's case. Negotiations with creditors and their lawyers is another time when people file for bankruptcy must secure an attorney. The lawyer can show the force of his client's case, understand what legal arrangements can be made, and is in the unique position of knowing how far the defense of his client.RepresentationPeople filing for bankruptcy in new york state should be represented in court proceedings is a fact. Lawyers are able to navigate the confusing waters of the legal system and meet the legal requirements involved in appearances, and counter to the legal moves, and submit the following documents. Lawyers speak the language of the court.

Why You Need a Divorce Lawyer

I recently heard someone at a bookstore to tell a group of people which should not have their own lawyers, how they could not trust lawyers, how lawyers who deceive and how to trust the company he belonged to his place. That conversation made me think about why people facing separation and divorce need not just any lawyer, but a good divorce lawyer.

Reason # 1-What You Need to KnowYou need to know their rights, duties and responsibilities under the law. Only a lawyer who has been hired to represent their interests can advise. How can you really discuss financial arrangements on separation and divorce, if you do not know what their rights, duties and responsibilities? Without knowing what your rights may result in not getting their fair share of the assets, their fair share of support or their fair share of time with their children. Without knowing what your duties and responsibilities may result in your paying more than its fair share of the assets or their fair share of support. Most attorneys offer a special reduced rate for consulting services to encourage people to seek advice early and often. There is no reason to trust the advice courtyard nearby, when you can get real advice from a divorce lawyer, licensed and experienced for a reasonable price. Moreover, in my experience, the advice about backyard is usually wrong. Remember that if you hear is a half truth, which is still wrong.Reason # 2-Backyard TipsMy friend got divorced. Why I can not trust my friend's experience and knowledge. Well, you could do that, but you have to realize is that unless your friend is a licensed attorney, he / she is not authorized to practice law. Knowledge of your friend will be limited to / experience in particular. His / her experience with the law is limited to the facts of his / her case and the law as it was at that time. Things change. Changes in the law. Any change in the facts will change the outcome or advice. Moreover, changes in the law will change the advice. Your friend, simply lacks the knowledge and experience to give sound practical legal advice.Reason # 3-Identifying ProblemsThe sooner you get a lawyer, soon learn what you need to know to protect themselves (and their children and property interests). Sometimes people have no idea how to go about identifying the issues to be discussed, even if the separation is a friendly and the parties anticipate an "amicable divorce". A good lawyer, divorce in new york state with experience can help you identify the issues to be discussed with your partner to achieve a global and comprehensive solution. Over the years there have been numerous occasions when we were able to point to areas of customers who had missed the beginning and the issues that must be included in talks for a deal, such as life insurance, insurance health and educational needs of children.