Sunday, November 25, 2012

What Is a Semiconductors Expert Witness?

Semiconductor technology has one of the biggest impacts in the modern world. Almost all our electrical devices, gadgets, and instruments are built using semiconductors, or materials that are good conductors of electricity. Without semiconductors, we would not be enjoying the Internet, computers, mobile phones, and home appliances.

Just like any industry, the semiconductor sector is not without legal cases and disputes. These cases may spring from issues related to intellectual property rights, patent, product liability, and trade secret theft cases. And just like legal cases in other industries, these disputes need expert witnesses to help come up with a good settlement.

These experts are generally called "semiconductors experts."

Each of these witnesses has their own area of expertise. And some of these areas include the following: production or manufacture of semiconductors, research and development of microprocessors, packaging, and design.

What are the Services Provided by a Semiconductors Experts?

As previously mentioned, there are different fields or areas that semiconductors experts may choose to be an expert in. So to make sure that you pick the right expert, choose the one whose expertise is closely related to the case you're involved in.

Here is a list of the common services that you can expect from a semiconductors experts.

1. Consulting and Case Evaluation Services Some of these expert witnesses prefer to provide their expert opinion by timed consultation sessions. You or your legal representative may set an appointment with them to seek for their advice regarding the technical issues of your case. For instance, if you want expert opinion on analog technology, you can get in touch with a professor or an engineer with years of experience in the field.

2. Deposition and Trial Testimony Many semiconductors expert witnesses are experienced in testifying before a judge or jury. If necessary for your case, find someone who can confidently testify and handle legal proceedings. Experienced expert witnesses take the initiative, and they are very much aware of the do's and don'ts when in court.

3. Report Writing Services Some people can express themselves well in spoken language, while others prefer to be expressive in writing. You may have to hire another semiconductors expert witness to prepare an expert report because of several reasons. For instance, when the other (testifying) expert of your choice is not too skillful in technical writing, you may have to provide a neatly written document or report to be submitted to the court.

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Property Levies

In the old days, about 12-20 years ago, one could often enforce a judgment against a property owner by just recording a property lien. With home prices down, and so many upside down and no-equity situations; recording liens alone, often does not work.

Besides waiting for a property lien to possibly and eventually work, another option is to have the Sheriff levy some available assets that belong to your judgment debtor. The first potential problem is if your judgment debtor files for bankruptcy protection. If they do, that stops or terminates all judgment recovery actions. Besides the possibility of the debtor filing for bankruptcy, physical property levies have three other drawbacks:

1) Real estate or physical property levies are expensive. Levies/Garnishments always involve a Sheriff or a Marshall. The creditor must pay for everything, from opening a Sheriff levy file, to possible storage of the judgment debtor's property, and then potential auction fees. There are no refunds, and there is a chance that any money the creditor spends, will be money down the drain.

2) There are many laws that provide for liberal debtor exemptions. Many things are off limits, such as tools and vehicles used in a debtor's business. It is good to know the exemption laws for your State before you attempt a levy, because if the levy fails, you still must pay the fees.

3) Anything with a loan or lease on it cannot be levied, without paying off the existing lien holders or lenders. It is smart to check for loans and liens on a debtor's property first; and find out if it makes sense to have a Sheriff begin a levy, because if the levy fails, or fails to net you any money, you still need to pay the fees.

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. Because property levies and real estate liens do not always make sense or succeed, other recovery tactics are required. You are not allowed to, and it is not smart, to turn your judgment debtor upside down, to see what falls out of their pockets. That leaves bank and job levies, to attempt to recover your judgment.

Although bank and wage levies still require specific forms, permission from the court, and payment to the levying officer; they are cheaper and easier than levying your debtor's physical property. Before you can have the Sheriff levy your judgment debtor's wages or bank account, you must exactly identify where your judgment debtor works or banks.

How can you find out where your debtor banks, without paying a service to find out for you? You could follow them in your car until they go to their bank. You could search in their trash cans. You could sneakily look in their mailbox every day. You could schedule a judgment debtor examination and document requests and keep rescheduling them, until the debtor shows you something that leads to discovering where they bank.

One problem with debtor examinations are right before, or right after the date of the examination, the judgment debtor might move most of their money to a new bank, and tell you about their old bank account that now has $10 left in it. Or, you can avoid tipping off the debtor, and pay some service to find the judgment debtor's bank account.

How can you find out where your debtor works, without paying a service to find out for you? You could follow them in your car until they go to work. You could ask neighbors, or their family members, where your debtor works. You could schedule a judgment debtor examination and document requests and keep rescheduling them, until the judgment debtor shows you something that leads to finding out where they work. Or, you can pay some service to find out where your judgment debtor works.

If your debtor will not pay you voluntarily, you must pay, and jump through some hoops of the courts, Sheriffs, and sometimes registered process servers; for chances to recover your judgment by levying the judgment debtor's available assets.

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Attorney Liens

When you retain a contingency lawyer to try to win your lawsuit or recover your judgment, part of their retainer agreement will almost certainly include some type of lien on your judgment. That means that any potentially recovered judgment money must be split with your lawyer. In lawsuits and judgment recovery, whether you win or lose, you usually have to pay something. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

When you retain a contingency lawyer, you must give up a sizable percentage of any potential recovery or settlement. Everything depends on the details of the retainer agreement. Often, all expenses come out of your share of a recovery. There are many advantages to retaining a contingency lawyer, including:

A) If you recover money that is paid over time, you only have to pay your lawyer as you get paid.

B) If you lose your lawsuit, or there is no money recovered on your judgment, sometimes you do not have to pay the lawyer at all.

C) You can find excellent representation (a good and perhaps expensive attorney) that might otherwise be out of your financial reach.

D) Because your lawyer will not be getting paid by the hour, you may get more interaction and questions answered, with less concern about "watching the clock".

E) Your attorney might work harder if they are paid on a contingency basis, because their fee is at stake.

F) If your adversary finds out you are paying by the hour, they are more likely to use delay tactics to attempt to exhaust your funds.

Usually, when your lawyer does not make progress recovering your judgment, it is because your judgment debtor has no available assets to collect. Once in a while, the judgment debtor has assets, however the attorney is too busy with other lawsuits and judgments. Many attorneys put their first priorities on their clients that pay hourly. When time permits, they work on their contingency client cases. Usually, this is not an issue, however it sometimes means they never get around to working on your judgment.

What if you want to fire your contingency lawyer? When you are trying to win your current ongoing lawsuit, there is not much you can do; except make arrangements, and pay the lawyer off. Usually, the next step is to find another lawyer to resume your lawsuit.

What if you retained a lawyer to win your judgment and/or recover your judgment? Post judgment, what if you decided they made little or no progress to recover your judgment, and now you want your judgment back? There may be a few options.

Many contingency lawyers include quantum merit clauses, so if you fire them, you will owe them for the work they have done so far. Often, contingency lawyers will not release your judgment until you pay them. When you want your judgment back, the obvious way is to work out a deal to pay them something between what you can afford, and what you owe your attorney in full.

It may also be possible to find a judgment outsourcing solution with a plan having a priority to pay your lawyer. Outsourcing your judgment on a contingency basis may cost between 12% and 65% of what is recovered, depending on your judgment debtor's available assets.

Before outsourcing your judgment, find out from your lawyer how much is, or will be, owed to them for any future recovery; and that outsourcing your judgment recovery is OK with them. The best outsourcing solutions do not require you to assign your judgment, so it does not interfere with any existing ownership contracts.

For a judgment outsourcing example, you have a $100,000 judgment, where nothing has been recovered so far. If the judgment is not outsourced, there might forever be zero dollars to share with the lawyer having a lien on your judgment. With an outsourced solution that costs (e.g.) 40%, you and your lawyer will share 60% of what may be recovered.

Outsourcing a judgment may cost a large portion of what may be recovered, however half of something is better than all of nothing. Outsourcing your judgment will require no work and very little or no expense, making it a very attractive option.

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What Type of Natural Gas Expert Witness Should You Hire?

Which Expert Should You Choose?

Some companies lose their case because they fail to hire the right expert witness. So if your company is involved in a natural gas litigation case, choosing your witnesses wisely assures you of a winning case.

If you browse through an expert witness directory, you'll get a long list of gas expert witnesses. But since the gas sector is a wide industry, you want to hire an expert who specializes in the case you're trying to win.

Here are some of the practice areas that a natural gas expert can fall in.

natural gas exploration and drilling quality control, manufacturing, and processing construction logistics and transportation engineering financial matters design and architecture

These areas are filled with highly qualified professionals who hold different titles such as the following: engineers, consultants, drilling specialists, financial experts, and architects. These gas experts have spent many years of practice in the industry, and they have handled simple to complex tasks and projects. Some of these projects include lift and hyrdraulics design, drilling, and well exploration projects.

How Can a Natural Gas Expert Help You in Court?

Once you've chosen the right natural gas expert witness, you're ready to face the opposing counsel with winning confidence. Here are the things that a natural gas expert can do to help you win your case.

First, the expert performs a thorough examination of your case and looks for things that you can use to your advantage. He also works closely with your lawyer to provide insightful suggestions on how to work on the case's loopholes.

Next, you can rely on your witness expert to help you with a detailed documentation that may be needed in court. For instance, if you're involved in a construction defect or damage litigation case, an engineer expert can provide you with a detailed report on the extent of the damage or defect.

Last, the expert can confidently testify in court, explaining the details of his findings and what is included in his report. Experienced experts know that they should not be subjective, so you can rely on your expert to know exactly what to say and do. Also, during cross examinations, the natural gas expert witness can answer all the cross-examining lawyer's questions with ease and confidence. No matter what kind of tactics the opposing counsel throws in to destroy the witness's credibility, he remains calm and not argumentative.

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What Are The Benefits Of Employing A Business Lawyer?

Unfortunately, most companies fail to make contact with a business lawyer until they are being sued. Whilst this is a situation that definitely warrants the assistance of a lawyer, there are actually a number of other areas in business that their advice can be highly beneficial. Most of their work involves ensuring that all actions made by your company are legal and that the risks of potential lawsuits are lowered considerably. Some of the benefits associated with employing a lawyer include:

Familiarity with statutory laws and regulations

Business lawyers will most likely be much more familiar with the laws and rules surrounding your company than you are. This enables them to ensure that all of your transactions are legal according to taxation law, contract law, and so on. They can help you to draft contracts for your employees and suppliers, to respond to the conditions of a contract drafted by someone else, to handle lease documents for your office or store space, and to protect your logo or company colours.

Association with taxes and licenses

Even though your accountant is responsible for preparing and filing your company's tax returns each year, a business lawyer is actually responsible for registering your company for tax identification numbers and for looking into the tax consequences of all your transactions. With the help of a lawyer, all of your transactions will be legal and you will be able to meet any taxation issues head on - something that an accountant is unable to do.

Expertise and experience with the law

By ensuring that you employ a business lawyer who is highly experienced with businesses in your niche industry, you can help to ensure that your company is represented as effectively as possible. Your lawyer will be able to answer all your questions in a direct and knowledgeable manner, as well as being able to communicate efficiently with yourself and other employees and partners within your company to ensure your ends are achieved.

If your company is yet to meet with a business lawyer to discuss the legalities surrounding your operation, it is never too late to organise a meeting. Look for lawyers who are based in your local area and who are just as happy to come into your office as you are to go into theirs. Don't wait until you are being sued because, by then, it could be too late to save your company from complete destruction.

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Win Your Case With a Protective Gear Expert Witness

Safety at Work Should be Top Priority

At work, employees face different kinds of hazards that range from biological to human-related. That is why it is the duty of companies to make sure that the workplace is safe at all times. Sad to say, however, that sometimes, there are instances when safety is compromised leading to accidents, injuries, and damages.

Naturally, when someone is injured, he fights for a compensation that the law says he deserves. Depending on certain factors, the case can be settled off-court or through a painstaking trial. Either way, the plaintiff needs all the help that he can get. And one of the people who can be relied on is a protective gear expert witness.

Protective Gear Expert Witness: How Can He Help?

A protective gear specialist is an expert in all things related to safety and protective gears and equipment. So if your injury is caused by your employer's failure to provide you with the appropriate safety equipment (knowing the nature of your job), the testimony of a protective gear authority is a powerful tool that your lawyer can use to get your compensation.

During trial, the expert is expected to present his findings, recommendations, and expert opinion in a neatly bundled report. When he testifies, he is also obliged to clearly and fully explain why he came up with such an opinion. His testimony either makes or breaks the case.

Stephan Schmidheiny and His Asbestos Factories

In February of this year, Stephan Schmidheiny, a Swiss industrialist and his partner, was found guilty and responsible in the deaths of hundreds of workers in their asbestos manufacturing factories. According to reports, more than 3,000 people died as a result of exposure to this deadly mineral. Schmidheiny and his partner was well aware of the dangers of asbestos, but they did not take measures to protect their workers. In the end, they were ruled guilty and the court is ordering them to pay a hefty amount in punitive damages, plus a 16-year imprisonment.

Of course, before the court reached a decision, a handful of expert witnesses were called to the stand. These experts come from different areas of expertise, and one or a few of them are protective gear specialists. The duty of the expert is to provide the court with his findings that the workers were not given enough protection against asbestos, and that asbestos is indeed harmful to human beings.

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Case Resolved Thanks to the Electrical Engineering Expert Witness

These days, freak accidents are a staple on cable television. Yet not all these catastrophes are due to fatal miscalculations on the victim's part or chance interactions with electrical wiring. In fact, if a proper investigation is done, especially by an accredited electrical engineering expert witness, someone can be held liable. Here are two instances wherein the help of an electrical engineering expert witness helped determine the real culprit of such mishaps.

Workman Woes A man subject to the back-breaking work that is manual labor on a daily basis may find it hard to justify damages caused by a pipe coming into contact with nearby live wires. Muscular aches and pains come with the territory of being a general laborer and it would be easy for the contractor to attribute similar injuries towards this occupational hazard. Being as no one actually saw the incident, an electrical engineering expert witness was called in. He deemed the electrocuted man lucky enough to have escaped death from a charge that was enough to melt and cut the wires that held the pipe and fused part of the pipe to the building's metal frame. With the electrical engineering expert witness' investigation and conclusion therein, the plaintiff was awarded for the injuries that lead to bilateral fusion operations on his wrists.

Vertical Clearances After receiving recompense from the sailboat company, a crane operator turns on the electric company whose wires led to his electrocution. With the help of his electrical engineering authority, his lawyers were able to prove that it was the company's negligence to safety that permitted the wires to hang 15 feet less than standard. While removing the mast off of a sailboat, the pole touched the live wires nearby leading to electrical injuries, medical expenses, loss and suffering, and lost income. The electrical engineering specialist positioned that it was "common sense" for an electric company to submit to the 45 feet vertical clearance for areas that are obviously handling sailboat rigging and launching. The court awarded the plaintiff almost $5 million in damages alone, not including interest and costs that he would be further entitled to.

An electrical engineering expert will tell you that not all accidents are unstoppable. In fact, these supposed freak accidents may be the doing of faulty equipment, bad workmanship, machine failure, and even gross negligence. So if you find yourself in such a circumstance, reconsider the circumstances. You may need the help of an electrical engineering expert witness.

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Why Choose a Good Lawyer for Filing Accident Claims

Claiming compensation for injuries can be a tedious task. After an accident or a fall having to talk about compensation is the last thing that you would like to do. The onus of taking care of the victim falls on the family. If the accident has caused injury that impedes work then obtaining adequate compensation can make it crucial for survival. Having an accident lawyer handle your case to secure compensation from your employer or from somebody who is responsible for your injury in a legal manner, can ensure adequate compensation.

The nature of claims

Compensation can be claimed for accidents, personal injuries, work place injuries, medical injuries caused due to negligence of staff, injuries in public places and private places. Any damage that is caused to you or your property for which another entity is responsible, entitles you claim compensation. However the nature of every claim is different. Claiming compensation for injury involves is different from claiming accident claims which are different from claiming compensation for work place injury. The approach required is different for each type of claim and the specialist handling such issues are also different. The law that guides each of these issues are different and therefore requires a specialist.

Upholding professionalism with a personal touch

Proceedings during filing of Personal Injury Claims can be taxing on the victim. Incidents have to be recounted to understand whose responsibility it was and to explore the possibility of claiming compensation. If disability has crippled an individual then this may serve to traumatize him during interactions with the lawyer. Handling such cases, calls for compassion from the layer besides his efforts to establish trust with his clients. Insurance companies provide legal cover in case of car accidents but the appointed legal advisors are more loyal to the company than the victim. A good lawyer will not ask for any fee from the victim's compensation nor will you be asked for credit agreements.

Choose a firm that can offer all kinds of legal services

A reputed firm will have experts to help with all kinds of Accident Claims. Professionals who are experts in their fields of law will help you prepare your demands, evaluate compensate and present them in a convincing manner. Liability is often battled out and a good lawyer will stand with you through the case. In case the disability results then the compensation amount is big in size with a commensurate increase in resistance from the side of the employer. An incident can have many aspects to it requiring insights from many experts. Choosing a firm that has its disposal legal experts from diverse fields is a prudent option.

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Judgment Delays

When you won your lawsuit to get your judgment, you probably want to recover it as soon as possible. However, sometimes it is best to wait before trying. For most people, a lack of judgment debtor assets, means they do not get to control how long they must wait before enforcing their judgment. Even if your judgment debtor has available assets, sometimes it makes sense to wait before attempting to recover your judgment.

The reasons to wait before enforcing, include cleaning up names on the judgment, cleaning up the proof of service on a default judgment, and waiting for any appeal periods to pass. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Cleaning up names on the judgment: When suing someone, you are often in a hurry and quickly sue them with the name they first gave you. For example, you sued Joe Debtor, and soon after you got the judgment, you discovered his name was actually Robert Joseph Debtorman. If he keeps his assets in his name of Robert Joseph Debtorman, you should try to get an Affidavit Of Identity (it might be called something different in some states) court approved, to get your judgment amended to reflect the actual name(s) of the judgment debtor. Note this does not add any new parties to the judgment, it only more accurately names the judgment debtor. It is best to wait the for names on the judgment to be accurate, before trying to recover your judgment.

Cleaning up the proof of service on default judgments: This comes up when the judgment debtor was served notice of your lawsuit by publication, or they were sub-served (e.g., their spouse or relative was served), or served by someone who is not a Sheriff, Marshall, or a registered process server. In that case, as soon as the judgment debtor's assets get seized, they might try to claim they were never served. Even when a judgment debtor is lying, sometimes they can persuade a court they were not served, and you or the original judgment creditor must start over and sue the debtor again.

The way to fix this is, post-judgment, to have some court-related official document (with the case number on it) personally served on the judgment debtor. Be sure to hire a registered process server (or the Sheriff or Marshal). In many states, if you wait six months after having a judgment-related document served on the debtor personally, they can no longer claim they did not know about the judgment.

Waiting for the appeal period to pass: Every state has a statute of limitations for filing an appeal to contest a judgment. Often, the time limit to appeal expires in a reasonably short amount of time, sometimes only a couple of weeks. In some states, the appeal period is one year.

Often, there is no reason to enforce a judgment during the appeal period, because if the judgment debtor appeals the judgment, you could lose and have to repay even more than you collected. While waiting for the appeal period to pass, consider not giving any indication that you are trying to recover the judgment. Simply spend that time planning and looking for the judgment debtor's assets. As soon as the appeal period passes, you can confidently start trying to recover your judgment.

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Judgments And Bankruptcy

Bankruptcy is treated seriously because it is based on federal laws that are strongly enforced. Bankruptcy takes place in Federal courts, and Federal laws outrank state and local laws. When you learn, from any source, that your debtor has filed for bankruptcy protection, you must immediately stop all collection activities. You must not do anything to recover that debt until you get written permission from the bankruptcy court, which is not automatic and usually does not happen.

If a debtor's bankruptcy is approved, most or all of their judgments and debts are discharged. This means the debts are wiped out, and creditors cannot collect on them. Usually, when your debtor files for bankruptcy protection, it is game over.

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer. Sometimes the debtor's bankruptcy attempt fails, and their bankruptcy is denied or their case gets dismissed. If you are lucky, what is owed to you gets declared non-dischargeable, which means you can resume collecting your judgment debt. If your debt is declared non-dischargeable, that is good because the other creditor's debts are wiped out, and you can again try to recover your judgment.

Many do not fully understand "bankruptcy proof" judgments. Just because you have a judgment for fraud, does not mean it will survive your judgment debtor's bankruptcy filing. My understanding is, in BK cases, one must bring their claim of non-dischargeability to the attention of the bankruptcy court, which usually means paying a lawyer, to attempt to keep the judgment alive.

If you have a default judgment for fraud, most bankruptcy courts will require a motion for a new summary judgment to again decide the fraud, adding more expense for the creditor. So, you must prepare, plan, and pay to preserve your fraud judgment when your debtor files for bankruptcy.

What should you do when you find out your judgment debtor has filed for bankruptcy? First, stop all collection activities. If you have requested the Sheriff to levy the debtor's assets, call, and then fax or mail notice to the Sheriff that your debtor has filed for bankruptcy protection.

If the judgment debtor's money has already been levied, the Sheriff usually holds the funds until the bankruptcy case concludes. If the bankruptcy trustee asks for the money, it should be sent immediately. If nobody asks for it, and the debtor's bankruptcy is finished, sometimes the creditor is sent the money previously seized by the Sheriff.

What to do when your judgment debtor files for bankruptcy, depends on your debtor. If they are poor, it is best to give up. If they are rich and clever and are hiding their assets, and you can afford to, you might want to hire a lawyer to bring the fraud to the bankruptcy court's attention with an adversarial motion.

Simply hinting of fraud, is not enough, you must demonstrate proof of the fraud. Many bankruptcy court trustees often say "so what". For example, when you or your lawyer say, "Your honor, here is evidence the debtor did not report this bank account". Usually, the judge will ask the trustee for their opinion, and that is when one often hears "so what".

Bankruptcy trustees do not get paid enough, and fraudulently concealed assets must be big to get their interest. Usually the reward for one creditor bringing in new undeclared assets, is that new asset is added to the bankruptcy pie and split among all the other creditors.

There are two kinds of creditors in bankruptcy court, unsecured and secured. Unsecured is when there is no collateral or secured liens on the debtor's assets. Secured creditors either have a written guarantee made by the debtor, or a lien recorded; long before the judgment debtor filed for bankruptcy.

Not every debtor that says they will file for bankruptcy actually files. It would be a shame to skip a chance at recovering judgment money if your debtor never did file or stay in bankruptcy. While you could ask your judgment debtor to give you the bankruptcy trustee's phone number so you can call them, it is better to get a PACER account.

PACER is the federal government's web site that records almost everything that happens in any federal court proceeding, including bankruptcy. You can access PACER on the web. Although PACER requires a check or credit card to get an account, PACER is free if you do not use it much. PACER shows if your judgment debtor filed for bankruptcy, and you can see their filings, and will know if their bankruptcy fails. Of course, monitoring with PACER is usually only when you know your debtor has assets.

Bankruptcy is not fair to creditors, and sometimes not fair to debtors. The lawyers and officials get paid even if the creditors and debtors lose. Usually, the debtor will add you as a creditor on their bankruptcy petition. If they did, you will get a notice from the bankruptcy court or the trustee. If they did not, and you know your debtor had assets, search on the www, or contact the trustee or the court to get a claim form. There is no fee for creditors filing claims.

There is one form for secured creditors and another claim form for unsecured creditors. Usually, secured creditors get a small chance of getting paid something, and unsecured creditors get a tiny chance of getting pennies on the dollar.

In community property states, there may be a phantom BK discharge, when one spouse files for bankruptcy, all community property is off limits, even if the other spouse never filed for bankruptcy. Bankruptcy is complex, so please consult with a bankruptcy lawyer if you have a question.

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Types of Debt That Can and Cannot Be Discharged in Chapter 7 Bankruptcy

Filing a Chapter 7 Bankruptcy has many advantages for you if you are unable to pay most or all of your debts. Chapter 7 Bankruptcy can get rid of most unsecured and other kinds of debt so that you are given a "Fresh Start." To receive the Fresh Start, however, you may have to give up some of your assets if they are worth more than available exemptions. Moreover, Congress made it harder for some persons to qualify for a Chapter 7 Bankruptcy. But, if you do qualify and need a Chapter 7 Bankruptcy, it is a powerful solution to your financial woes.

Types of Debt that Can be Discharged in a Chapter 7 Bankruptcy

Generally, most types of consumer-related debt can be eliminated with a Chapter 7 Bankruptcy. Some types of debt that you can discharge:

Credit cards Revolving cards Store cards Personal loans Installment loans Medical bills Car loans (if you are giving up the car) Boat loans (if you are giving up the boat) Mortgages (if you are giving up the house) Home equity loans (if you are giving up the house) Condominium or homeowner's association fees or assessments (if you are giving up the house) Judgments based on the above types of debts Some income taxes (very complicated rules apply) Student loans (very stringent conditions, few debtors can meet them)

Before a bankruptcy court can discharge these debts from you, each of your creditors will be given an opportunity to make an argument to be repaid. But once the bankruptcy court discharges your debts, your creditors are forbidden from ever collecting on the debts again, and any judgments that were entered against you also cannot be collected.

Special Treatment of Unpaid Taxes in Chapter 7 Bankruptcy

Regarding the complicated rules that apply to your unpaid taxes, you generally may be able to discharge your taxes if you meet the following 5 requirements:

The due date for the filing of the tax return in question was 3 years ago or longer. You filed a tax return at least two years ago. The tax assessment is at least 240 days old. There was nothing fraudulent, evasive, or criminal about your filed tax return You did not engage in a tax evasion scheme

Special Treatment of Student Loans in Chapter 7 Bankruptcy

Regarding student loans, you can discharge them if you can establish that repayment of the debt would cause you and your dependents "undue hardship." Undue hardship is a very high hurdle to jump and few debtors ever try to do so. However, if you are disabled, and your disability keeps you from working any job (not just the jobs you may qualify for as a result of your education, skills, and experience), you might be a candidate to explore the possible discharge of student loans in a Chapter 7 Bankruptcy. Another example of circumstances giving rise to possible discharge of student loans is the single mother with multiple children in a low-paying, no-advancement type of job. If she has a disability or other complication keeping her in a low-paying job, then a court may begin to pay attention to her student loan discharge application.

Types of Debt that Cannot Be Discharged in a Chapter 7 Bankruptcy

Although Chapter 7 Bankruptcy does eliminate many types of your debt, it does not discharge all types of your debt. Some debts that cannot be eliminated include:

Debts for child support, maintenance, spousal support, alimony Debts incurred as a result of a divorce or property settlement agreement Debts you incurred for causing death or serious personal injury resulting from your operation of a vehicle, boat, aircraft, or other motorized device while intoxicated from alcohol or drugs Debts owed as a result of criminal restitution Debts that were not disclosed in your bankruptcy petition which deprived creditors their ability to file proofs of claim Debts arising from your fraud, Debts owed from your malicious and willful acts or from larceny, breach of promise, or embezzlement Money owed to a government as a result of fines, traffic violations, moving violation, etc. Debts you incurred by fraud, false pretenses, or materially false statements regarding your financial condition

There are many other types of debt that you cannot discharge in a Chapter 7 Bankruptcy. You will need to consult with us to determine them. A good example of other complicated rules necessitating a consultation with us is the question of when debts were incurred. Certainty, if you racked up a bunch of debt yesterday and you want to file a Chapter 7 Bankruptcy tomorrow, you will have a big problem. On the other hand, if you used a credit card to purchase luxuries, obtain cash advances, or obtain any credit in a recent period of time, those charges themselves may not be dischargeable in a Chapter 7 Bankruptcy. The exact timing of the filing of a Chapter 7 Bankruptcy requires advice from us.

Some Debts You May Want to Still Owe After Chapter 7 Bankruptcy

There are incidents where you may not want to discharge all of your debts. Common examples of a debtor wanting to keep a debt include a mortgage or a car loan. In these circumstances, you may want to keep your home and/or your car. To do so, you will need to reaffirm or re-promise these debts so they survive bankruptcy and you can continue to keep your home and car.

The filing of a Chapter 7 Bankruptcy is a very important decision. It requires an analysis of what types of debt you have, when you incurred them, and when you should file a Chapter 7 Bankruptcy petition. Despite the roadblocks and other hurdles Congress put in front of struggling Americans, qualifying for Chapter 7 Bankruptcy can be an extraordinary and powerful act to obtain a financial Fresh Start.

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Services Offered By a Paints and Coatings Expert Witness

Importance of a Paints and Coatings Expert Witness

Coatings are used in almost all kinds of industries. From the car manufacturing industry up to the agricultural sector, coatings such as varnish, lacquer, and paint play an important role in the day-to-day operations of these industries. Coatings are known to prolong the life of gadgets and metal equipment by protecting their surface against corrosion and rust. And they also make cleaning and maintenance easy, fast, and hassle-free.

But over the years, valid concerns grew regarding the safety of coatings. There are scientific evidence that shows that the materials used in the production of these compounds can be harmful not only to human beings but also to the environment.

That is why in recent years, the government has enforced strict regulations on the production and use of coatings. But although most coatings produced today contain no harmful ingredients, there are still a few factories that do not comply with the regulations.

So if you run a business that relies heavily on coatings, one of the measures that you can take to prevent possible lawsuits is to hire a paints and coatings expert. This professional can conduct series of tests to make sure that all your materials are free from toxic chemicals.

The importance of a coatings expert can also be demonstrated in another way. For instance, if you are involved in a legal battle with your paints supplier over a paint that contains harmful chemicals, you can hire him to conduct a thorough analysis and investigation of the paint in question.

Services Provided by a Paints and Coating Specialist

Litigation support and chemical analysis are just two of the services provided by a paints and coatings specialist. Here is a list of the other types of services that a coatings expert offers:

testifying in court trials and depositions consultant services coating failure analysis coating condition surveys and thorough checking paint and steel inspection regular audits assistance in safety, health, and environmental certifications

And in case you're wondering about his qualifications, here are the usual achievements and experience that you can find in a coatings expert directory:

Over 15 or 20 years of experience in the handling and production of coatings, adhesives, paints, and other similar products Over 10 years experience as an expert witness Holds a high position at a reputable paint and coatings company Has a degree in Chemistry, Engineering, or in any related field

Make sure that you hire a professional expert that is very knowledgeable in their particular field and in this case, paints and coatings.

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When Should You Contact a Litigation Lawyer?

When your rights (be it personal or property) are snatched by any individual you can get a lawyer to settle down the issue, but what if you get troubled by any organization or a company, like getting toxic injury at workplace?

Cases of litigation or personal injury are not limited to body, but also involve mind and emotion. Any lawsuit can fall under litigation that alleges that the cause of plaintiff's is negligence of another. It may include a road traffic accident, workplace accidents, tripping accidents, assault claim, accidents at home, accident due to product defect and accidents at holiday. Personal injury also includes medical negligence and can be claimed monetary compensation. An individual caught in any of the above situation will be in need of litigation lawyers.

Cases of personal injuries, especially caused by any of these associations are very complex as well as time taking. A general law practitioner filing cases for different issues may not be the right professional to contact. Probably because they just don't have enough experience or a level of specialization.

So, in this situation a perfect fit is a litigation lawyer. Litigation lawyers specialize in settling down personal injury cases, no matter whether you are accused or the plaintiff. However, their work domain can be diverse and cover a lot many kinds of lawsuits, including civil and non-civil. These attorneys are used to file suit against companies and parties being unfair to their clients. Therefore it is not uncommon if you find attorneys filing multiple cases against a single company.

If you contact a litigation attorney you will find a team of co-attorneys with them. This is because litigation is critically detailed and oriented, which compel them to get a team of attorney as well as non-attorney staff members. This is common especially when trying large scale lawsuits. However, participation of attorneys and non-attorneys of a team solely depends on the complexity of the give case.

Remember, litigation lawsuits are always time consuming. This is not because litigation attorneys intentionally want to expedite the case, it is because of reason that there are an incredible number of details required to be met and legal procedures that have to be followed, and this is required for any litigation lawsuit. Apart from this, court system and their principles also bring another level of bureaucracy that lengthens the required time to meet all the basic necessities and reach final verdict. With so much of legal formalities certainly it is wise to contact professional litigation attorney.

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