There has been a great deal of talk about health care reform from the perspective of the general public - meaning, people who are patients or in need of health care. However, there isn't that much talk about health care from a doctor's perspective. There has been some debate about the new health care legislation and medical malpractice, but very few doctors have spoken up about how devastating a malpractice suit can be - especially if you're found to be innocent.
You're probably wondering what all of this has to do with bankruptcy, but there is a correlation here. If doctors in San Diego don't protect themselves with medical malpractice insurance, they could, in fact, go bankrupt from just one lawsuit. Do you really want to put your career at risk by not having insurance?
In the state of California doctors are not required to carry medical malpractice insurance. However, if you are a doctor or medical professional, you may want to seriously consider covering yourself in case the unexpected happens. Malpractice insurance may seem a little pricey, but the investment is worth it - even for just peace of mind.
If you're a doctor looking for affordable medical malpractice insurance, request a free malpractice insurance quote.
Have Income?
Facing Foreclosure?
Willing to let go of the house?
Better talk to an attorney and here is why:
It is possible, depending on your circumstances, that there may be serious implications from the foreclosure. If you have a second lien-holder on the property and that loan was created as a result of a refinancing, it is very likely that you will be sued for any deficiency on that loan.
Obviously, you are not in the position to afford to pay back $100K+. If you could, wouldn't you have kept your home? Often, this suit comes about several months after the foreclosure and it can be a truly crushing financial blow, especially if there is additional debt involved.
What our your options now? Well, they may have changed as a result of the foreclosure. Here's the problem. If your household income exceeds the California Median you could have used the deduction of that mortgage payment (even if no such payments were actually made, even if you do not wish to keep the home) and often enough that deduction can make a difference between qualifying for a chapter 7 liquidation bankruptcy or being forced into a 5 year chapter 13 repayment plan.
But, I don't want to file for bankruptcy. Who does and in some cases it may not be warranted. If the rest of your debt is manageable, perhaps your best bet is to try ad reach a settlement agreement with the second deed of trust. But having the option to eliminate this debt altogether in a chapter 7 filing is a powerful negotiating bargaining chip. Why give up on that opportunity?
Individual results vary depending on other circumstances. So, please, consult an attorney to get more facts. Have your financial situation evaluated. See where you stand before and after the foreclosure. A good attorney will not pressure you into bankruptcy but rather discuss with you options and provide with information so that you are able to make choices that are right for you and your family.
Article Source: http://EzineArticles.com/?expert=Stanko_K
Photo Credit: Campos Charted Law Firm
Financially speaking, filing bankruptcy can be one of the hardest things to do. However, it doesn't necessarily mean financial ruin. Yes, your credit rating may take a jab, but if you stay focused on what you need to do to get back on your feet, it won't be long before you're financially stable again.
Here are a few tips to help you recover after filing bankruptcy:
- Work with a trusted financial advisor to establish a budget and organize your personal finance or educate yourself about personal finance. The more educated you are, the wiser you will become about decisions relating to your money.
- Focus on saving money. Live within your means and cut out all the unnecessary purchases. Do you really need another pair of shoes?
- Hold off on getting another credit card until you've mastered living within your means. We live in a world of "buy now, pay later" which has attributed to many bankruptcies. If you must have a card, consider getting a prepaid debit card so that you spend only the money that you have. Nowadays you can get a prepaid Visa card or a prepaid Mastercard at any grocery store or convenient store. You can even get a prepaid Visa that will help you rebuild your credit.
by Oliver Feakins
The American Bankruptcy Institute (ABI) reported in November 2009 that more than 136,000 people in the United States filed bankruptcy in October, a 27.9% increase from the October 2008 filings ("just" 106,266 consumer bankruptcy filings occurred in October 2008).
Almost 126,000 people filed bankruptcy in California in 2008, making up more than 95 percent of all bankruptcies in the Golden State.
As for San Diego, the Southern District of California Bankruptcy Court, which includes San Diego County and a part of neighboring Imperial County, saw 13,633 bankruptcy filings in all of 2008.
If you feel you and your family will become one of stories behind those statistics, an experienced San Diego bankruptcy attorney can help you navigate the complicated bankruptcy process and help you keep as many assets -- such as your home -- if possible.
If you find yourself in need of competent and compassionate help by San Diego bankruptcy lawyers, you needn't feel shame. Many people are finding they need to file bankruptcy in these tough economic times. A New York Times story recently reported on several families who declared bankruptcy due to health issues because they either weren't covered by health insurance, or their health insurance was inadequate.
One couple fell into bankruptcy when the wife went on disability for a few months following back surgery, while the man had to take some time off from work for knee surgery (so that his knee wouldn't give out and he could continue working.). Both are back at work (and the husband is working two jobs), but their health bills far exceed their income. A quote from the story speaks volumes:
"I tell my wife that we beat the economy," [the husband said]. "But health care beat us."
San Diego bankruptcy attorneys can help you decide if you should file Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy is the most common of bankruptcy filings. Once you have filed for protection with the Court, your creditors are required by law to stop all collection activity against you. No more telephone calls demanding payment, lawsuits, wage garnishments and best of all, no more debts! In general a Chapter 7 Bankruptcy will wipe out most of you debts, stop wage garnishments, repossessions and harassment which will allow you to control your financial future have peace of mind and get a fresh start.
San Diego bankruptcy lawyers will also help you analyze if filing a bankruptcy under Chapter 13 would be better for your situation. Often called a "debt repayment" or "reorganization" bankruptcy. Chapter 13 is a repayment plan for individuals and businesses with regular income that allows them to pay back all or some of their debts within 3 to 5 years.
Regardless, as you contemplate filing bankruptcy, be sure to find a good and experienced attorney from the many San Diego bankruptcy attorneys available.
About the Author
Oliver Feakins is a marketing representative for the San Diego Bankruptcy Attorneys at John F. Brady and Associates. For more information on their services visit their site at http://www.californiabankruptcygroup.com
If you are drowning in debt and unable to pay bills, then filing for bankruptcy in California may be an option for you. Over a million people a year are getting debt relief with the bankruptcy law.
The main reasons for filing personal bankruptcy in California are unforeseen medical bills, credit card bills, job loss, and even divorce. In many situations, we see that bankruptcy is also an good relief in stopping a foreclosure of your family home immediately.
The goal of the federal bankruptcy law is to provide a financial "fresh start" to the honest but unfortunate debtor allowing a new chance in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.
There are three different types of bankruptcy, California Chapter 7 and California Chapter 13 Bankruptcy, and; Chapter 11. For most homeowners, or; those strapped with credit card debt, wage garnishments, and; court judgments - a Chapter 7 or Chapter 13 may be the right fit for you.
A filing under Chapter 7 can also be described as liquidation or also referred to as a ''non-asset'' type situation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects your non-exempt property, sells it and distributes the proceeds to the creditors. There are various ''wild cards'', which enables you to keep certain property that does not have to be sold off. A discussion with one of our attorneys can assist you with determining if Chapter 7 is right for you.
Your involvement with the bankruptcy judge is usually very limited, if at all. In a typical Chapter 7 you will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. You will however make a brief appearance with the Bankruptcy Trustee (another attorney who advises the court). The Trustee''s job is basically to confirm that the information you have presented is true and correct, and; to make sure that you qualify for the Chapter 7 Bankruptcy. You can either appear alone before the Trustee, or; with your attorney. The meeting with the Trustee (also known as a 341 hearing), typically lasts anywhere between 2 and 10 minutes.
In California Chapter 13 Bankruptcy proceedings you may only have to appear before the bankruptcy judge at a planned confirmation hearing. Usually, the only formal proceeding at which you must appear is the meeting of creditors, which is usually held at the offices of the U.S. Trustee. This meeting is informally called a "341 Hearing" because section 341 of the Bankruptcy Code requires that you attend this meeting so that creditors have the opportunity to ask questions about debts and property.
Once a bankruptcy petition is filed, the automatic stay comes into effect. That means that creditors can no longer undertake any actions against you, including wage garnishments, foreclosures, repossessions, phone calls and the like. The stay against lasts until the bankruptcy case is closed. This basically is a STOP SIGN to anyone trying to collect any monies from you. The filing of the bankruptcy also stops those annoying and stressful phone calls. It is my experience that in most cases, the filing of a bankruptcy helps to begin a client to find peace of heart, peace of mind. And restful sleep is hopefully soon to follow.
If you feel that filing a California bankruptcy will give you a fresh start, it is recommended that you utilize the services of an experienced bankruptcy attorney. A California bankruptcy attorney will complete all the correct documentation and make court appearances for and with you.
The contacts of this article is for information purposes and not intended as legal advice in any manner. Everybody''s situation is different. For more specific information about filing for bankruptcy in California please contact the Law Offices of Louis Scott Brenes at 877-231-9880 or go to http://www.aboutbankruptcyincalifornia.com./
Photo Credit: quaziefoto
With New Year's just around the corner and everyone planning parties (with alcohol, no doubt!), we feel the need to share our thoughts about drunk driving...
We have associates who do practice DUI (Driving Under the Influence) law - not just in San Diego, but across the nation like this Dallas DWI attorney. If you've been arrested for a Dallas DWI, it's highly recommended that you hire a DWI attorney Dallas.
Although this is a bankruptcy blog, we should say that the consequences you face if you are charged for a DWI are pretty serious. Not only does a DWI arrest go on your criminal record, you could incur high fines...and these fines just might make you go bankrupt! Not to mention that your license could be revoked, you have to take DWI classes, and you may have to install an ignition interlock device in your car.
Here are some tips to make it a safe New Year:
-- Plan a safe way home before you go out to party.
-- Before drinking, please designate a sober driver and give that person your keys.
-- If you do drink, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely.
Some people think that just because someone is a lawyer, it means that the lawyer can represent anyone no matter what the case may be. However, it's important to realize that if you are going to hire a lawyer to help you with your bankruptcy case, make sure the lawyer specializes in bankruptcy law.
Every lawyer is different and he/she is usually focused in a certain area of law. For example, if you had committed a crime in Oklahoma, you would want to hire a Oklahoma attorney who specializes in Oklahoma criminal defense. This lawyer would be very familiar with criminal laws and court procedures.
Last year I was in an auto accident, so I hired a lawyer who specializes in personal injury law. He is knowledgeable about auto accidents and is experienced in negotiating with insurance companies. If I had committed a crime, I probably would not have hired the same lawyer.
Likewise, if you are going through bankruptcy, you want to hire a San Diego bankruptcy lawyer who is familiar with bankruptcy law.
When searching for a bankruptcy lawyer, make sure to ask friends, family, neighbors, or co-workers for recommendations or referrals. Also, interview several lawyers to make sure you feel comfortable talking to them. Don't hire an lawyer based on price - hire one based on experience and client service. It will be worth it in the long run.
