Archive for January, 2011
Experienced Bankruptcy Attorney
Bankruptcy is a legal process by which a person is able to resolve his debts within a reasonable time, through the division of assets amongst his creditors. After full repayment he gets an opportunity to start afresh. A person can opt for filing bankruptcy as an individual, on behalf of his business or other type of organization. There are two main types of consumer insolvency. To know which type would be the best, a person should consult with an experienced bankruptcy attorney. Louisville, KY is a place where one can find many reputed law firms.
To file for insolvency, a person has to consult a bankruptcy attorney. Louisville, KY lawyers ask for the detailed documents of bank statements, credit bills, debt notices, loan papers, and tax returns. The attorney analyzes the borrower’s financial condition and advises him to choose the most suitable type of bankruptcy. The two main objectives of bankruptcy are:
1. To pay the creditors as much as possible from bankruptcy estate, without burdening the debtor too much.
2. To give the debtor a chance of starting afresh.
The 2 most common types of bankruptcy are mentioned below:
1. Chapter 7: A person can file for this type of bankruptcy if he has very low income and wants to liquidate his assets, for paying off his debts. All his non-exempt properties will be sold and liquidated. A trustee will be appointed to supervise the property. He also has to surrender some of his assets to the trustee, and the latter will sell those to pay the creditors. However, depending on the Kentucky law a borrower may be allowed to retain some of his personal properties.
2. Chapter 13: A person can file for this type if his income is more than the state’s median income and he wants to retain his property. The debtor will be allowed to opt for a debt management program, so that he can repay debts within 3 to 5 years. A trustee, appointed by the court will collect the payments and distribute that amongst the creditors. The debtor will have to pay a charge to the trustee.
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California Used Car Lemon Law
When you buy a car, you never think it is going to be a lemon. However, sometimes you face a lot of problems after your purchase.
A lot of used car owners or people who are planning to buy a used car are asking whether the California Lemon Law can help them protect their rights or not in case the vehicle turns out to be defective.
The California Lemon Law provisions apply to new vehicles. However used cars that are under express written warranty can qualify as well. Therefore some general rules may apply to motorcycles, motor homes, used vehicles sold under the dealer’s express written warranty, “lemon” vehicles repurchased by the manufacturer and sold to consumers, and vehicles sold with a service contract.
According to California law, the first time that a lemon vehicle is resold, it must have a one-year factory warranty. The law requires as well that the car has a “lemon law buyback” title and a “lemon” sticker on the door jamb. The cars cannot be sold “as is”. In case you were sold a lemon illegally “as is”, you still have rights under the California Lemon Law.
The law covers cars that were purchased for personal, family or household but not commercial use.
If you think you were sold a lemon vehicle, do not hesitate to contact our law firm specializing in California Lemon Law. We offer our services in Los Angeles area, Sherman Oaks, Glendale and Burbank. To have your case evaluated for free, call us toll free 866.975.3666.
We would be happy to share our expertise in California Lemon Law and help you obtain your rights.
Company Employment Law Advice
It’s just a plain fact that this last recession has been tough on employers, as well on their employees. No matter what size a firm is, they all experience the same types of employee related issues.
Trying to pare down their operating costs by giving unpaid leaves, cutting work hours and overtime, at the same time, with employment prospects at the lowest rate that they have been in decades these and other workplace changes can leave employees with their backs against the wall. Often searching for legal recourse, forcing employers to seek out legal protection.
Be aware though that for employees who feel that they have been wronged, the legal advice is free of charge. They get it in the UK through the Citizens Advice bureau and in the US through the Workman’s Compensation Claims Dept.
What Can You Afford?
Of course one of the things that you as an employer will be looking at as you seek out employment law advice is cost. That is how much you should spend because the prices on these types of services do vary.
One thing to consider as you comparison shop is the size of your firm, the number of employees, and how branched out it is. As an example, a firm with just one shop and 4 employees will have different needs than, say a firm with 40 employees and 8 shops in 7 different cities.
At the same time, you’ll want to check out what any one consultancy firm has to offer. Not just in previous experience but in actual services, and tools that you can put to use in your business as well.
A HR Protection Plan
As an example, any reputable employment law consultancy firm will be able to provide you with a sound protection plan. This would be an off the shelf plan of action that you or your HR staff can turn to and implement, in the event that you are faced with an employee related legal challenge.
An Up to Date Risk Assessment and Report
Undoubtedly you will want to know what and if there are any things that you or your managers are doing that are leaving you at risk. Odds are that there is a weak area of vulnerability somewhere in your firm with regards to how it deals with it employees, and the sooner you find it, the sooner it can be eliminated.
You Must Have an Employee Handbook
A qualified employment law advice provider will also be able to write up and created a comprehensive employee handbook. A book that’s custom tailored for your firm and its particular business genre. Making your policies clear to all employees with a handbook helps to eliminate the confusion that all too often leads to legal challenges.
A Consultancy Firm that’s there when you need them
Lastly, it’s sure to help to go with a consulting firm that will be there for further advice should you run into a sticky situation in the future. Of course you can do all that you can to prevent problems but in the event that one should pop up; it helps to have the voice of experience on the other end of the phone line in an emergency.
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HIRE Act and W 11 Form
On March 18, 2010, the U.S. government enacted the Hiring Incentives to Restore Employment or HIRE Act. The HIRE Act introduced two major tax benefits:
The first benefit is known as the payroll tax exemption. Under this provision, employer gets an exemption from the employer’s 6.2% share of social security tax on wages which is to be paid to the “qualifying employees”, effective for wages paid from March 19, 2010 through December 31, 2010.
Additionally the Act provides another benefit to each qualified employee who has retained for at least 52 consecutive weeks. This provision, known as the new hire retention credit, enables the businesses for a general business tax credit of 6.2% of wages paid to the “qualified employee” over the 52 week period, up to a maximum credit of $1,000. However, household employers are not eligible for the new tax benefits.
Objectives of the HIRE Act:
The Act came into being with objectives like:
Restoring the jobs lost in the latest economic recession. By providing hiring incentives which will diminish over time and disappear after January 1, 2011, the Act encourages the business owners to hire qualifying workers sooner than later and avail most out of the tax credits provided by the Act. In this way, Americans will again get their jobs back and the entire economic situation will improve.
Second objective is to permit small business owners to abandon equipment investments of upto $250,000 this year, instead of taking years to deflate. Doubling the previous amount of $125,000, this initiative will provide tax incentives for small businesses to grow while improving the economy with their invested amount.
The third and equally important objective of the Act is to getting people back to their woks by reforming municipal bonds. With these bonds, money will be invested to repair and construct public properties such as schools, highway and transit programs, as well as green and clean energy conservation projects like wind turbines and solar energy devices.
HIRE Act Form – W 11
After enactment of the Act on March 18th, the IRS issued a draft form to certify the employee eligibility to adhere to the program. This form is known as Form W-11.
W-11 – A Brief:
Signed under perjury, the W-11 states that: “I certify that I have been unemployed or have not worked for anyone more than 40 hours during the 60-day period ending on the date I began employment with this employer.”
As per the W-11 instructions, to become a “qualified employee” one has to initiate employment after February 3, 2010 and before January 1, 2011. The employee has to certify that s/he had remained unemployed for 40 hours during the 60-day period before the date of hire and is not a relative of the employer. Also, s/he has to be employed by an employer who is not replacing an employee rather the employee has left the job voluntarily or for some other relevant reasons.
One important note for the employers is that the HIRE Act does not excuse employers from following present anti-discrimination statutes.
To know more about HIRE Act and W- 11 Form, attend the webinars organized by ComplianceOnline. ComplianceOnline is the largest provider of Online Regulatory Compliance Training across the Compliance Industry and help compliance professionals/employees of regulated companies succeed through training services & expert consulting.
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Types of Commercial Insurance Policies
There are a variety of commercial insurance policies that will cover your business. From property and liability to workers compensation, many companies offer packages that may cover your standard business needs. Property insurance provides coverage for rebuilding after damage has occurred to the property, such as flooding or fire. Liability insurance protects against lawsuits or other claims that may be brought against the business, and workers compensation covers injuries that may occur to employees while they are working.
According to the American Bar Association, a business owners’ policy-or BOP-will cover most of the common risks of small businesses like homeowner’s protection covers an individual’s property. Additional business insurance may be added to a BOP to cover specific needs like business interruption cover if these are not already included in the plan. Purchasing a BOP will help keep premiums down, as the coverage is lumped into one policy rather than separate policies with individual premiums. The National Federation of Independent Businesses offers additional information to assist you in determining the types of business insurance your business requires.
Some of the commercial policies that may be necessary include:
Business interruption, which reimburses projected income and expenses that are lost because of extensive property damage or theft while business is interrupted.
Debris removal which is a type of business property insurance that covers the expenses for removing debris after damage has struck but before rebuilding can occur.
General liability, a type of business insurance that covers legal expenses incurred because of damages, injuries, and negligence.
Glass -protects the financial risk of broken windows.
Home-based which will offer additional protection in the event that a homeowner’s policy does not include general or professional liability coverage.
Product liability-that covers the risk a company’s product may be defected and cause injury or bodily harm.
Professional liability-, also known as errors and omission insurance, protects against malpractice or errors in rendering services to clientele. This may be required in some states depending on your profession, i.e. physicians are required by law to have professional liability insurance.
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What Are My Options As a Commercial Lawyer?
Commercial law functions across a broad spectrum of business and commercial transactions including finance, accounting, management and trade. Often referred to as business law, it is one of the most widely practiced legal areas. Regularly overlapping with other areas of law and engaging many different types of clients, commercial law can offer lawyers a diverse and varied portfolio of work.
Not all roles, however, are the same. When it comes to legal recruitment in corporate law, consider all the options available to you.
- In-house role. Because the focus of it is business, it is an area of legal practice that presents many opportunities for in-house positions. Many businesses employ in-house legal teams or lawyers to deal with their legal issues. In-house legal roles in this area are good positions for lawyers interested in the business world.
- Law firms. Most large law firms offer expertise in commercial contract law, and most will working for these larger firms will be involved in some aspect of contract law. If you’d like to be involved in the nitty gritty of business law and interacting with those involved, smaller or boutique commercial law firms will offer more frontline opportunities. When it comes to commercial law, the age-old dictum proves true for many – bigger is not necessarily better!
- International work. In today’s global world, business often crosses national boundaries. Many commercial lawyers, therefore, will be involved in international business, trade or finance dealings. Commercial law therefore offers the opportunity for lawyers to travel for work. Those looking to relocate overseas, however, will find it harder to find positions where local industry knowledge is often coveted and essential to business dealings.
If you’re interested in commercial law jobs, there are a number of different career prospects and opportunities available to you. Deciding which area and arena of commercial law you would like to work in will help you narrow down your job prospects and choose a role that suits your career objectives.
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Apostille Services for Your Legal Documents
The apostille certificate verifies that the document to which it is attached is authentic and has been checked by the relevant authority in its country of origin. Once this legal certificate has been attached the document is legalised for use overseas and will be accepted by authorities in countries which have joined the Hague Convention. Many countries that have not joined the Convention also recognise apostilled documents.
Why is an apostille needed?
You may need an apostille certificate when an overseas company or government body has requested that you have a document legalised as proof of its authenticity.
Common examples when you may need to legalise your document include:
- Qualification documents when applying to work abroad
- Registering a birth in another country
- Birth certificates and certificates of no impediment for marriage abroad
- Education documents for international students returning to their home country
- Contracts, affidavits and powers of attorney for UK residents wishing purchase property abroad or enter into legal agreements
- Company documents when trading internationally Opening a personal or business bank account overseas
- This list is just an example of when the apostille may be required and is not a definitive list.
How to get an apostille stamp?
The apostille is usually issued by a government body. In the UK the apostille certificate is a paper attachment which is fixed permanently to your documents by the Foreign and Commonwealth Office. The documents will then be accepted as authentic in any of the Hague Convention countries. There are many service providers that can assist you with your legalisation. This makes the process a lot simpler and is the quickest option in many circumstances.
Whatever your reason for needing an apostille stamp or seal contact an apostille service provider for free advice. You may only need an apostille once so make sure your get it right.
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Pre-Paid Legal Services Independent Associate
Pre-Paid Legal Services is a network marketing company that provides affordable legal plans to their members for a low monthly fee. As a Pre-Paid Legal Services Independent Associate, this provides you with the opportunity to build a multi-level marketing (MLM) home business, as you sell these legal plans to those around you. This is my unbiased Pre-Paid Legal Services Review.
Since 1972, this company has been offering legal plans to individuals, families, and businesses for a low monthly fee. In fact, many of their plans can be purchased for $26 per month or less. Achieving sales of these legal plans will be the foundation of your home business if you decide to join as a Pre-Paid Legal Services Independent Associate.
As a Pre-Paid Legal Services Independent Associate, you will have an opportunity to receive compensation from 3 various income streams. 1. You will receive immediate income for each sale of their legal plans. 2. As you begin to recruit and grow a downline of Pre-Paid Legal Services Independent Associates beneath you, you will receive override commissions on each of their sales. 3. For as long as your personally enrolled customers, and customers throughout your organization continue to pay their monthly premiums, you will begin to build a residual income.
PrePaid Legal offers you the ability to begin your home based business as a Pre-Paid Legal Services Independent Associate for $72. After enrolling, you will receive all of your necessary business materials, certified field training, and will be provided with home office support. You will be provided with everything that you will need to achieve fast start in your new home business.
In my opinion, PrePaid Legal is a legitimate company. It is only necessary to remember that this is a multi-level marketing business, so the concepts of pursuing all of your family and friends, and striking up conversations with anyone who is within three feet of you will be the methods of marketing and business building that you will need to become accustomed to. With that being said, this is a solid company, and an opportunity that is worth researching further.
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Marriage License Laws Vary From Place To Place
Marriage license laws vary from state to state and country to country so it is always advisable to find out in advance what the marriage license law as and requirements are in the country where you plan to marry.
If you are a couple living in England who has dreamt of a Hawaiian wedding or vice versa, always make sure what the country in question requires you to have as far as documentation and other requirements are concerned. Here are some of the things that you need to know regarding getting a marriage license.
Time Frame
Many states require a waiting period for you to get a marriage license so that it is not a spur of the moment drunk move that you may regret when you have sobered down. Some states require a 24 hr or longer waiting period while others as notorious as Nevada is for drive thru weddings, have no waiting period
Documents
Some states are happy with the basic identification requirements like a driver’s license and social security card but if these are not available, then a passport or translated birth certificate may be able to suffice too. Always make sure so that you are not turned down when you are all geared to sign the dotted line.
Payment
Most US states only accept cash as the form of payment and charges are pretty nominal, usually in the ball park of around $40 or so. Don’t expect the marriage license office to accept Discover so keep cash handy when you go in for your marriage license.
Requirements
Again, these marriage license laws vary from location to location but first cousins for instance cannot get married in several states whereas in others they can as long as they are over an age limit or cannot have children. Second cousins are allowed to get married in all states. Similarly, same sex marriages are allowed in only a handful of states and hence you need to check for sure before your partner and you have very high hopes of getting married in a normal manner.
Most people advice that you should get your marriage license before getting married in a church or synagogue so that you have all your paperwork under control before the lavish ceremony. This way you have a window that in case something goes wrong, you have time to fix it or get proper documents before the big day.
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Marriage Laws in India
The practise of marriage has been witnessed in India from ages. The essence of wedding ceremony remains the same, few of the things which have changed are the various methodologies or the customs performed in marriages. The change in these customs comes as a result of the change in the thinking process and the mindset of the people of the country. The modernisation in approach, the ways of decoration or the execution of wedding ceremonies in different ways has lead to a little shift in the ways the marriages in India are performed today. The basis of the marriages in India is the believes and the customs of the respective religion or the caste in which the marriage is done. In India, one gets to see different kinds of practises, customs, rituals, due to the presence of different cultures and religions in the country.
Though, every religion has its own ways in which their marriage ceremonies are performed, but there are few laws termed as marriage laws in India, which needs to be followed by each and every married couple to get the legal tag of being married in India. There are certain marriage laws in India which are common to all religions and the Indian bride and the groom need to follow those in order to certify themselves as the married Indian couple. Following are few of the marriage laws in India, which needs to be implemented in the lives of the Indian grooms and bride to enjoy the status of being married:
The first and the most important thing for the Indian couple is to get their marriage registered to make it legal.
There are different marriage laws in India, with respect to the religions practised by the Indian bride and groom.
There are different marriage acts like Hindu marriage Act, Muslim Marriage Act, Parsee Marriage and Divorce Act, Special marriage Act 1954, etc. The couple is required to follow the rules and implement according to the laws, which suits him.
The laws for divorce also varies from religion to religion, depending on the values and believes of the particular religion
In case of the Indian couples, who do court marriage; do not need to go for any further legal procedures, because they have already performed their marriage ceremonies under the surveillance of the Indian law bodies. But in case of the marriages performed under special acts, the couple need to register their marriage under the Indian law to attain the certificate of marriage.
Though these laws varies from religion to religion, but the laws for the registration of the Indian wedding remains the same and every citizen needs to get themselves registered in order to get their marriage legalised. The marriage laws in India are changing and are becoming more friendly and in favour of the women of India. Due to the changing mindset of the people about marriage, and the increasing divorce culture, the law making bodies of the country have revised some changes in the Indian marriage laws.
The rights for the women have also increased, because these days the culture of divorce has overpowered the minds of the men. After divorce it becomes difficult for the Indian women to lead her life in a smooth way. Now, the laws have been made in a way that women get certain part of her husband’s income after divorce. This is to provide financial stability to the women, after her divorce. The marriage laws in India have been changed and amended in the recent times in accordance to the convenience and the requirement of the women. This is also to increase the ethnicity and belief of the Indian brides and grooms in the custom of marriage by moulding the laws according to their needs.
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