Navigating Chapter 11 Bankruptcy

Posted by on Oct 29, 2013 in Finance, Law | 0 comments

Despite the fierce loyalty of dedicated local customers, many small business owners face formidable difficulties when opening and running their companies. As a result of the current financial crisis, business owners are subject to rigorous taxation and customers that are less inclined to spend extra money on locally-produced goods. Unfortunately this causes devastating financial consequences. Financial hardship causes many companies to consider filing for bankruptcy. Chapter 11 bankruptcy is the only chapter that allows a business to continue operating while undergoing the legal and financial process.

Larger companies, corporations, and business partnerships in need of restructuring often choose to file for Chapter 11 bankruptcy. Many small business owners cannot afford to file for Chapter 11 because of the high price, the high risk involved, and the legal complexity. However, there are some special provisions under Chapter 11 that exist exclusively for small business owners. These special provisions include no creditors’ committee, a deadline for drafting a restructuring plan, a longer period of time to propose the new business plan, and no disclosure statement.

Some general advantages of Chapter 11 bankruptcy include, continued business operation while paying off debts, freedom from phone debt collection agencies, and the ability to restructure debt payment plans. Additionally, all debts under Chapter 11 are considered dischargeable. This concept is especially rare because non-dischargeable debts are typically the financial costs from which people are very rarely forgiven.

Since Chapter 11 bankruptcy allows the debtor to have more freedom to restructure their business, the debtor must be disciplined in making their payments in a timely manner. If the debtor does not make timely scheduled payments to the appropriate venues, court regulating supervisors could demand that the debtor switch to a different chapter of bankruptcy.

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Who to Blame for a Trucking Accident

Posted by on Oct 27, 2013 in Personal Injury Law, Tort Law | 3 comments

Being involved in an accident with a large 18-wheeler truck can cause serious damage. You may be facing both physical and financial damage, depending on the severity of your accident. If your accident has just happened recently, you may be wondering who to blame for it, and how to seek compensation. However, while our inclinations are often to immediately assume that the truck driver was at fault, the actual fault might belong to someone else. For instance, the truck driver’s trucking company could actually be held responsible for an accident, depending on the circumstances of the accident.

It may be hard to determine who is at fault for your accident. Knowing as much as you can, and documenting as much as you can, about your accident can help make this determination easier.

Common Truck Accidents

There are many reasons that a truck accident might occur, and many of them are a truck driver’s fault. But some could be because of a trucking company’s negligence. In both cases, truck accidents can involve:

  • Failure to maintain vehicles
  • Failure to train employees
  • Truck driver error
  • Truck defects / malfunctions
  • Hours of service violations
  • Negligent hiring practices

All of these incidents could be possible causes of truck accidents, some of which are a truck driver’s fault, some of which would be more attributable to the fault of a trucking company. But it’s not your job to determine fault; that is what you hire an attorney to do.

If you or someone that you care about has been injured in an accident involving a large truck, and you want to know more about your legal options, contact an experienced truck accident lawyer today. He or she may be able to help you get the compensation that you need after an accident with a truck driver.

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Medical Devices are NOT Hacker-proof

Posted by on Sep 26, 2013 in Health, Internet, Technology | 0 comments

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What Are The Signs Of Pleural Mesothelioma?

Posted by on Feb 28, 2013 in Personal Injury Lawsuits, Tort Law | 1 comment

There are many ways that an unsuspecting person can develop cancer; however, one particularly dangerous and unknown way is through inhalation of asbestos. Asbestos, which is a dangerous type of mineral, can cause a person to develop a number of different forms of cancer, depending on where the asbestos affects their cells. Unfortunately, due to the long incubation period of mesothelioma and the number of years it takes for side effects to appear, this form of cancer can be particularly dangerous to a persons health, as they often dont realize they have it and seek treatment until it has developed to a dangerous point.

Not surprisingly, the most common form of mesothelioma is pleural mesothelioma, as this form affects a persons lungs, and asbestos gets into a persons body through inhalation of the hazardous minerals. Pleural mesothelioma affects the cells in a persons mesothelium, or lining, of the lungs. Around three-quarters of the people suffering from mesothelioma have this form of the cancer.

Detecting Pleural Mesothelioma
Although detecting mesothelioma can be particularly difficult, there are certain signs that a person can look for. These symptoms, or signs, include the following:

* Difficulty / painful breathing
* Sudden and unexplained weight loss
* Blood coming up during coughing
* Consistent cough / hacking cough
* Difficulty breathing and catching ones breath, at any time
* Constant tiredness
* Lumps that develop noticeably on the chest
* Painful to swallow or difficulty doing so

Mesothelioma, due to the way it affects its victims and how difficult it can be detect, is a hard thing to go through. The physical affects, emotional trauma, and financial difficulties it often causes can have serious negative impacts on an affected person. However, if a persons pleural mesothelioma was caused by undue exposure to asbestos by another person, that other party may be financially liable for any losses the victim may have sustained. In this situation, the victim should consider seeking the support of a qualified mesothelioma attorney.

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Why The Flood Of GranuFlo Lawsuits?

Posted by on Dec 27, 2012 in Mass Tort Litigation, Medical Malpractice | 0 comments

One of the most popular dialysis treatment products in recent years has been GranuFlo, a dialysate produced by Fresenius Medical Care (FMC) which is the largest dialysis services provider in the world. However, it was recently issued a Class 1 Recall by the U.S. Food and Drug Administration (FDA). This is the strongest level of recall that the FDA issues, and the FDA took action after it received an anonymous internal memo from someone at Fresenius Medical Care (the company responsible for producing GranuFlo) reporting that it knew of hundreds of cases of cardiac arrest that occurred in 2010 alone connected to GranuFlo use.

While dialysis is not in and of itself a dangerous medical procedure, it can become dangerous when the products used in the treatment are dangerous in and of themselves. This is the case with GranuFlo.  GranuFlo is meant to help rid the blood of impurities when the kidneys are no longer able to do so on their own. However, when introduced into the blood stream, the ingredients in GranuFlo can convert into bicarbonates, which can be extremely dangerous to certain individuals. An influx of bicarbonates can result in serious health risks, primarily affecting the heart, including heart attack and cardiac arrhythmia. Other patients have experienced stroke and sadly, some have died because of resulting complications.

Fresenius Medical Care has1800 kidney dialysis clinics and treats over 138,000 patients. Some of these patients who suffered because of complications related to GranuFlo have taken legal action against Fresenius Medical Care in an effort to receive financial compensation for the losses they have suffered. Through a successful lawsuit, victims and their families may be able to receive much-needed compensation to help them cover the many financial losses that likely arose in the wake of their injury, including medical bills, pharmaceutical expenses, and potentially ongoing therapy or rehabilitation costs. However, a successful lawsuit can also send an important message to companies like Fresenius Medical Care that negligence in the manufacturing and distribution of medical products will not go unnoticed or unpunished.

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How A Criminal Defense Attorney Can Help

Posted by on Dec 27, 2012 in Careers | 2 comments

Being charged with a crime is one matter that no one can or should take lightly. Its effects are simply devastating, capable of causing you mental and emotional anguish. It likewise affects your social relationship, especially on the way others will think about and relate with you. Thus, a criminal charge is one dreaded social blemish that will seem to stick with you wherever you go.

To immediately clear your name of the accusation will definitely be the strongest desire you will have. But, no matter how fast you want things to be, everything will have to done through a process a legal process, with pre-trial and actual trial work and lengthy, detailed preparations.

Save yourself from the possible conviction you can be implicated with by hiring a highly-qualified and experienced criminal defense attorney, who do what is possible to get you an acquittal verdict. Regardless of the crime you are accused with you can rest assured that your criminal defense attorney will see to the protection of your rights and that you get a fair trial.

On a personal level your hired criminal defense lawyer will spend all the necessary time with you in order to fully understand your situation and, thus, form the best defense that ought to work on your behalf. And, when it comes to professional expertise, especially where evidence proving your innocence is thin, expect him to exhaust all means to uncover whatever mitigating or justifying factors there are to make your case really strong.

As there are so many kinds of criminal offenses people can be charged with, a criminal defense lawyer needs to be well-versed in a number of different areas of law. Below are only a number of areas where a criminal defense attorneys services are highly recommended:

  • DUII (Driving Under the Influence of Intoxicants) License Suspension
  • Drug Crimes / Possession of Ecstasy, Methamphetamine, Cocaine, Marijuana or Heroin
  • Expungement, or removal of a persons criminal record from official documents
  • Reckless Driving
  • Theft
  • Assault
  • Domestic Violence
  • Hit and Run
  • Harassment

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Rollover Accidents

Posted by on Dec 3, 2012 in Society | 1 comment

Today, vehicles are engineered with a number of safety features that are designed to provide the maximum amount of protection for passengers in the event of an accident. Sturdy metal frames, airbags, and seat belts all work to prevent severe injuries. However, none of these are sufficient if the car is in a rollover accident, which is fairly common in top-heavy vehicles such as SUVs. Car frames are not designed to withstand the weight of the vehicle when it has been forced to roll over, which can cause it to crumple and cause the driver severe, and potentially fatal, injuries. Many rollover accidents should have been avoidable except for manufacturer design flaws, which negligently expose drivers to unnecessary risks.

Common Causes of Rollovers

There are many variables in an accident that can cause a vehicle to rollover, such as the way the cars collide and the speed at which they were travelling. Following are several common factors that can cause a vehicle to rollover in an accident:

Unsafe, top-heavy design
Road defects such as uneven pavement or missing guardrails
Colliding with another vehicle or object

Drivers who have been in a rollover accident may be struggling to recover from severe injuries and to pay expensive car repair bills. Those who have been injured due to negligent design, careless driving, or poor road maintenance may find it necessary to take legal action in order to alleviate the burden of their medical bills, lost wages, and other losses.

Legal Options

If you were injured in a rollover accident due to someone elses negligent actions, you may want to consider holding the associated party liable for your injuries. If you are considering filing a lawsuit, it may be in your best interest to enlist the services of an experienced car accident lawyer who can advise you on your legal options for pursuing the compensation that you may deserve.

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