Austin Bankruptcy Lawyers

Austin Bankruptcy Lawyers

Personal Injury Faq

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personal injury from coat dresser
Two years ago. My daughter went to the hair dresser and get her hair highlighted and got burn vertebrae of her head and ears. Now she has a big blemish about 2-4 inches.Both of her ears have scar to. Now can we get a lawyer and win the travel case? She was only 12 years...

"Indian Casino" Personal Injury?
TO FILE A PERSONAL INJURY LAWSUIT AGAINST AN "INDIAN CASINO" DOES IT NEED TO BE FILED IN STATE COURT OR FEDERAL COURT?? also IS THE 2- YEAR STATUE THE SAME AS CALIFORNIA LAW?? Yeah goodluck. oh wow, good luck beside that Indian Nations have thier own laws Since you mentioned California "Each of the 56 Class III...

"Interim Payments" Personal Injury Claim?
I was the (innocent!) victim of a road coincidence last year in which i suffered multiple injuries. The other insurance company have offered a lb5000 interim payment (to be deducted stale the final amount paid at the end of the claim) for personal injuries sustained. Is within a set formula - i.e percentage - as to...

~Personal Injury~ My Grandma fell & broke her hip (a) her SR. Apt. ~They never fixed crappy sidewalks....?
I am looking for some personal injury info here. Two weeks ago , my 88 y/o grandmother was walking outside with her wicker at her SR. Apart. complex. She triped on the side walk that was adjectives buckled up and had over an...

A grill for GP, if someone puts within a personal injury claim?
with an insurance company and needs medical evidence, do you mitt it over just for the payment. E.g enunciate if someone trys to claim for a tattoo they just do not like and have removed but has not actually cause them injury in the real sense they may be...

A Personal Injury Question?...?
Hi!I wondered if someone may be able to offer rather advice please?...At the weekend,i had an twist of fate in a shopping centre.I slipped on the damp floor,twisting my back and causing muscle strain.I am contained by considerable pain.I informed security,who told me to report the incident to customer services,which i did.On my method back,when i reached...

About p.i sue prospects against a local resturante (personal injury)?
after eating a a local restaurant: i went to use the rest room services. when i reached for the toilet paper, the huge stainless steel door to the dispenser come open with a really large full roll of paper contained by the seat of the door and struck me in my...

Accident Personal Injury Claim ?
After a recent accident, I'd suffered a whiplash injury to the extent that regardless of going to work for the next 2-3 days after the fluke, I've come to the point where I've realised that I'm not quite surrounded by a position to continue working the my employer would've wanted. I work contained by the IT...

Advice on personal injury claim?
I have an injury from a slip on a wet floor, the company enjoy admitted liability and I dont want to go through a solicitor or claims co as they are a con,I used to work for one years ago! i hold researched my legal rights, but for a sprained lower back, does anyone know down...

Advice requarding a personal injury crust from almost 4 years ago?
My daugher was involved in a main auto accident on 5-25-03. It was her vehical. First the other kids within the car told the Deputy she was driving. Later 2 of the other kids told her attny. that the other soul in the car be the one driving. No charges...

AFLAC cross-examine, regaurding personal injury claim...?
ok i have AFLAC accidental injury plan, where on earth they pay u for injuries, and then retribution so much for each thing that be done regaurding that injury(followups, therapy, MRIs, surgery, braces, crutches...ect)... any way i injured my knees back in June playing Beach volleyball, and i get all the paperwork for the claim,...

Am I covered for my own personal injury underneath homeowners policy?
i hold three life cover & accidental & vigour covers plans i need not want to take any hot palns Source(s): to search a job No. You can't sue yourself - homeowners won't pay for injuries, unless you're LIABLE for them. You enjoy to file under your HEALTH insurance. No....

Am I entitled to a portion of a personal injury settlement?
Dear Sir/Ma'am: I've been engaged to and living beside my fiance since October of 2003. We have co-mingled all of our finances since that time as powerfully with various dune accounts with and without both of our name on them. My fiance and I are having relationship problems (perhaps we've...

Am I entitled to collecting compensation for copies of medical store for a personal injury lawsuit?
When a lawyer is requesting medical records for a directive suit, am I entitled to receive a reasonable fee for providing copies of such archives (I am not in the law suit). Why are your records being used surrounded by the lawsuit if you are...

Am I entitled to some money? personal injury within university!?
About a year ago I got my teeth smashed by accident from a girl who hit me near a hard case. I get them fixed and they look fine, but it hurt like a &*$%& getting it fixed! It just sucked and I did not receive any money for it. Am...

Any CA Personal Injury attys around to answer this??
I was involved in a motorcycle calamity last month. I received several bumps and bruises and cuts and scrapes, but nil major. I did not see a medical facility, because in yesteryear I have broken my collar bone and was told in that was nothing they could do - without a doubt,...

Any one know what the time curb is to formulate a claim for personal injury against a home owners policy?
That depends on your policy. For mine, it is 30 days. It depends on where you live. Talk to a advocate ASAP. Your claim with your insurance company is subject to the rules regarding time limitations for filing claims contained within...

Any view how much money I will seize for personal injuries surrounded by a motor fluke?
I was involved in a motor accident a couple of months ago. It was a rear-ender and the other driver have admitted full liability. I am currently going through an injuries claim, as I was diagnosed beside Whiplash, which lasted about 1-2 weeks for which...

Anybody know any devout PERSONAL INJURY LAWYERS IN Austin Texas?
know any good personal injury lawyer's in ATX? I don't know that my attorney's getting a clear msg as to what my suitcase actually in tell for it to be even close to a victory. I was walking to a friends to budge to work on the shoulder of I35 and...

Anybody know anything just about personal injury lawsuits surrounded by vehicle accident that could minister to me?
My husband is getting sued in Florida for personal injury because he rear-ended someone 4 years ago and the statute of limitations is up. The guy he rear-ended was walking and looked without a flaw fine after the accident, though he went to the...

Anyone know how long a personal injury lawsuit will bring?
its been over a year now and the insurance company feel they are not at fault. it took mine 4 years. it went to arbitration and got settled next. the only person who made out be my attorney. now i am disabled and cannot work because of back injury. i hold...

Appropriate Settlement Amount for Personal Injury??
My situation: Was at a golf course eating lunch on their restaurant patio when a strong gust of turn kicked up. The wind pulled one of the table umbrellas out of the table because it wasn't secured properly , sent it through the air, and it nail me in the head pretty sturdy. I went...

Are adjectives personal injury settlements structured and how?
The injured person has a brain injury and a c2 c3 fusion as very well as shoulder rib and hip fractures. Wondering how the future will work out financially for someone who will not return to work at 50 years of age? First, there is no actual need for an Attorney if you...

Are in attendance any Accident claim calculators for personal injury within india?
hi, I want to know if there is any write up on how much can you claim incase of an accident. I be hit by a vehicle and have sustained a lot injury & trauma. I am pissed beside my lawyer telling me that since i dont own a...

Are in attendance taxes on personal injury settlements?
ireceived a settlement on my brother that was killed surrounded by car accident.it be a personal injury settlement. will i have to pay taxes on it. Those are frequently complex issues that I would not decision to address without all of the information concerning the settlement. I would suggest that you move about...

Are my antiquated vehicle insurance company still liable for a personal injury claim 2 years after luck?
Today i had a letter from a solicitors and county court dictum that a accident i had 2 years ago the other driver is very soon putting in a personal injury claim against me but at the time of the accident i be with...

Are Personal Injury awards exempt within Bankruptcy ?
I was wondering if personal injury awards can be seized in chapter 7 liquidation ? Although bankruptcy is a federal law, the property that you can hold after filing bankruptcy is largely determined by state decree. The laws of each state are different, so you should consult a local liquidation attorney instead of...

Are personal injury court settlements taxable?
I was involved in an misfortune with an 18 wheeler, and I was wanting to know if i needed to include the settlement on my taxes? Generally no. If any slice of the settlement is identified as lost wages, interest, or punitive damages, it will be taxable.

Are Personal Injury Protection (PIP) funds exempt from garnishment?
I was in an fluke and have been delivery PIP funds since the accident which has be about 5 months now. Still not competent to go back to work. Well after my happenstance i was issued a court order to progress to court for apartments i moved out of 8-10 months prior...

Are personal injury settlements taxable by the senate?
My sister recieved a large settlement for personal injury. But I didn't know if it was taxable. Some of it might be. The cut that was compensation isn't. If there are punitive damages included, next that part is. You'll need to know what type of settlement she's getting, or, more likely, what amounts...

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Bankruptcy May Not Cover Christmas Credit Card Binges

Does the following scenario sound familiar to you?  The Smith family has had a difficult year financially.  John Smith lost his lucrative career as a result of cutbacks to middle management at a previously thriving construction company and has been working two jobs in retail for several months.  Jane Smith recently re-entered the workforce after twelve years of staying home to raise children in order to help make ends meet.  As the year comes to a close, Mr. and Mrs. Smith realize that bankruptcy is inevitable and decide to have one more wonderful Christmas before confronting the legal steps that will need to be taken.  The credit cards come out of the wallets to make this holiday the best one yet.  Tickets are purchased for the entire family to attend the Houston Texans’ final game of the season.  The girls get new iPods and cell phones.  The Smith’s only son, true to his Texas roots, receives new gear to help him prepare for upcoming tryouts for his high school’s football team and a used truck to drive to the games.

The Smiths have no reason to worry because all of the mounting credit card bills will just be included in the bankruptcy settlement, right?  In reality, this family may learn a hard lesson about the consequences of their spending practices.

If you are feeling overwhelmed by the debt that you are carrying and you believe that bankruptcy is your best solution, please know that some of the credit card debt you have accumulated may not be dischargeable.  Section 523(a)(2) of the federal Bankruptcy Code addresses the problem of credit card binging.  This clause exempts from discharge “debt that was obtained if an individual made material and false representations about his financial condition.” This may mean that a person submitted fraudulent information on the credit card application or knowingly made purchases for which he knew he would not be able to pay.  The latter issue is the more common situation, and the exemption that describes the scenario involving the Smith family.

A credit card company is going to use Section 523(a)(2) to challenge the discharge of your debt if one or more of the following circumstances exist:

1. An increase in credit card usage shortly before filing for bankruptcy
2. The use of the card for recent vacations or travel
3. Using the card while unemployed or otherwise without reasonable ability to repay
4. A large balance at the time of filing

One specific point in the Bankruptcy Code, Section 523(a)(2)(C), deserves special attention from all of those shoppers who are determined to find the perfect gift regardless of cost.  Consumer debts owed to a single creditor that total more than $500 for luxury goods or services within ninety days of filing for bankruptcy will be considered non-dischargeable.  And, by luxury items the law is not referring to fur coats and yachts.  Instead, luxury goods are defined as “goods or services reasonably not necessary for the support or maintenance of the debtor or a dependent of the debtor.”

What does this mean for people who overindulge with their spending during the Christmas season?  If you spend thousands of dollars in December knowing all along that you plan to file for bankruptcy once the New Year rolls around, your plans for debt relief may be delayed.  If you know that you will not be able to pay for the bills you created during Christmas, you will have to wait at least four to six months into 2010 to file for bankruptcy.  In the meantime, you will be expected to make regular payments to your creditors.  The bottom line is that you should not view an intended declaration of bankruptcy as an excuse to make everyone happy with the expensive gifts under the Christmas tree.

When it comes to issues of bankruptcy, Texans are in a better position than many others in our country.  In 2008, our state ranked forty-sixth in the country for number of bankruptcies filed. While residents of the Lone Star State are proud of being the biggest and best in so many areas, this is one ranking for which we should take pride in being nowhere near the top.  However, this relatively good standing does not mean that there are not thousands of Texans who are struggling to pay their bills every month.  With the pressure to be a good consumer from the moment that the doors open on Black Friday until the exchanges are made and the clearance items are tagged the day after Christmas, the end of the year only makes already difficult situations even worse.

If you believe that you may be a candidate to file for Chapter 7 bankruptcy, which essentially offers a fresh financial start to those who qualify, make sure that you do not at this point begin to create debt that cannot be discharged.  The time to consult with an experienced bankruptcy attorney is now.  You need to receive solid legal advice concerning your financial options and any spending pitfalls to avoid while the paperwork is being drafted.  Once you know where you stand, try to relax and enjoy the rest of the holiday season at home with family and friends and not at the local mall.  Your credit rating and your legal counsel will thank you for it.

About the Author

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino’s practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at www.belolaw.com