Bankruptcy 101

Once again, I am a Paralegal not an Attorney. So this is not intent ended to be or taken as legal advice. This is legal information only. Also let’s not forget that when a lawyer or a paralegal becomes involved your problem or concern becomes an ISSUE .
Okay after a young pundit on the Cavuto show 1/16/2014 who probably never had to look for a job. Said and I quote said, “The unemployment gravy train is now over.” I think I need to take a step back and go deeper into what crazy republicans feel only bad, lazy no accounts use. That is until they need it.
I am sorry, but I have got to wonder were someone who has always had some kind of ‘Daddy’s’ help gets off saying something like that.
First let’s talk a little Bankruptcy History. It was the Torrey Bill of 1898 which later became to be known as The Bankruptcy Act of 1898 which 1st allowed a private citizen to file for bankruptcy help. Not that you could get it just that you can file. It was the Bankruptcy Act of 1938 that opened the door for our current bankruptcy rights. Until than all bankruptcy laws strongly protected and favored corporations and the very wealthy.
Until then your creditor would be allowed to without warning or notification enter your home or small business seize anything they considered to have enough monetary value. They then could market the property and keep whatever they made. A lot of valued heirlooms were sold for pennies and people still went to jail for debt.
Congress had a moment of weakness during the Great Depression. Congress seemed to release that locking up debtors would cost more money than it recovers. Unfortunately too many rich corporate creditors decided that too many debtors using these bankruptcy laws where ‘escaping’ paying than money owed. So claiming they were preventing dead beat Dads from getting out of paying back child support they made a lot of other debts like student loans impossible to discharge under bankruptcy in 1978.
You know, with some of the things I’ve learned on the net, The Rachel Maddow and Ed show. I have got to wonder if some crazy republican is thinking about suggesting Debt slavery.
Debt Slavery to but it simply means you have to work for the corporation that pays off your debt. You will work for that corporation however long it takes that corporation to recoup the money you owe plus the money the corporation spent on you for the food you eat, the cloths the put you in and the cot you sleep on.
As a debt slave your owner gets to say how much you labor is worth. So you could find yourself working 16 plus hour days for 23 cents an hour. Let’s not forget they will be keeping the records so your owner will tell when or if you your debt has been paid off.
Next week, I’ll start getting into 3 major types of bankruptcies. Chapter 7, Chapter 13 and SCRA.

Living Wills II

Here we are yet again. I am a Paralegal not an Attorney. So this is in no way to be taken as legal advice. This is legal information only. Also when a Lawyer or Paralegal becomes involved your problem becomes an ISSUE.

It is possible to write a Living Will on your own. Once again this depends your assets and your dependents. If you have a house or there are children involved, anything you’re even remotely worried about. Or say an overly protective big brother who always seems to believe he knows what is better for you then you do. YOU NEED A LAWYER.

Now to get started there are a series of questions you need to answer before you can build a Living Will.

1st Appointing an Agent: Who are you going to saddle with the responsibility of seeing to your medical needs when you cannot? It is a good idea to have 1 or 2 back up agents’ choices who will take charge when your primary agent is out-of-town.

Just so you know in a well set up Living Will if one of your backup choices do have to take charge because your 1st choice is out of action. Your primary agent can step in and take over if and or when they do become available.

2nd Life Sustaining Treatment: What kind of treatments or measures you want your agent and or your doctors to use. Can they use life support machines, if they can what kind of machines can they use. If your heart stops while you’re in a hospital or having some major kind of treatment should they try or how much effort your medical support should use to get your heart started if it stops. You even have a say if they could do a blood transfusion or not.

3rd Pain and Euthanasia: What kind and how much pain management is okay? If the Doctor says you are in a vegetative state, or your chances of recovery are non-existent can your agent tell the medical support personal to take you off life support and let you go?

4th Organ Donation: Do you want to allow any part of your body to be used? I am talking about Heart, Lung, Eye transplants.

5th Additional Agent Powers: This is In addition to your covering medical needs. What other things do you want your agent to handle? Do you want to have additional agents handling different responsibilities?

With the number of people who have lost and are losing their unemployment benefits because according to crazy republicans, they are just too lazy to go out and get jobs that don’t exist. That people who get unemployment insurance believe that living off $900 a month is so much better than the $5000 a month they had 8 to 9 months ago.

Next week I will start talking about what crazy republicans consider an evil and very bad thing. BANKRUPTCY.

Living Wills

Here we are yet again. I am a paralegal not a lawyer so this is in no way to be taken as legal advice this is meant to be legal information only. Just so you know when a lawyer or a paralegal becomes involved your problem become an Issue.

Next on my list is Living Wills which is also called an advanced medical directive.  You see a Living Will is all about what you want to happen while you are still alive and can’t speak for yourself.  You see a Living Will deals with what happens to your money, your kids, to your house and most importantly how you want to be taken care of while you are mentally out of the game.  Let’s not kid around you are going to be very busy fighting for your life to take care of small things. Like what bills get paid and who is feeding your dog.

Let’s start with you are on life supports, a Living Will lets your loved ones know how your doctors can keep you attached to those god awful machines before they have let you go.  If you have advanced cancer you can limit how much your family can do to keep you alive if you have a heart attack

Or say you find certain medical treatments go against your religious beliefs, with a Living Will, on file you can prevent your doctor or some well-meaning loved one from letting those treatments being done, if you are out of it.

A Living will also get covers who you have assigned a Health Care power of attorney or more importantly a Durable power of attorney too. Power of attorney Covering who you want making medical decisions while you are out of it. Including who you want to take care of your assets and more importantly who is taking care your children.


SIDE-NOT: If you have underage children and the other parent is unable or to be polite unqualified to take them. I can’t say this loud enough you need to set up an assigned guardianship for you children set up. Otherwise your Kids could be given to the 1st blood relative to claim them or the state will get them. If the state gets them it could cost your blood relative a small fortune to get them back.

SIDE-NOTE; An Asset in the legal world is anything such as a house, car, jewelry, bank accounts or stocks and bonds. Say you have written a book and it sells fairly well. It can be anything as long as it has a money value attached to it.

Just so you know a Living Will must be witnessed by your current primary doctor and if you are fighting a possibly terminal illness it has to be co-signed by the doctor in charge   of helping you fight your illness.

Unfortunately the rules and regulations for validating Living Will can and do differ from state to state.