San Diego, Orange County, Riverside & San Bernardino California Election Lawyer Discusses Campaign Election Finance Laws

Author: R. Sebastian Gibson

As this 2008 Presidential Election generates more interest than any election before it, and people from cities such as El Cajon, Carlsbad and La Jolla in San Diego to cities such as Newport Beach, Anaheim, Irvine and Yorba Linda in Orange County, from Santa Barbara to Ventura to Oxnard and Camarillo to Rancho Cucamonga, Ontario, Riverside, San Bernardino, Fontana and Fullerton to Palm Springs, Palm Desert and La Quinta want to know more about what they can contribute, both individuals and candidates have questions about campaign election finance laws and are looking for a California campaign election finance attorney who can advise them. 

Many people don't realize that in federal elections, the biggest source of campaign contributions comes from individuals. The second biggest source is political action committees (PACs).

Soft money is funds spent by organizations that do not expressly advocate support for or against a certain candidate and is money not contributed directly to an individual or a political party.

Bundling is the effort of one donor gathering donations from numerous individual donors and presenting that gathered amount to a campaign.

It is this last type of money, money raise through bundling that has in recent years been the subject of much abuse. Campaigns actively seek out bundlers but when they are accused of wrong doing, they can reflect badly on a campaign.

But when soft money became more difficult to run through corporations and other organizations, bundling became more important.

Political parties may contribute funds directly to political candidates and can make unlimited expenditures to support or oppose federal election candidates.

Contributions by individuals to federal PACs are limited to ,000. Federal multicandidate PACs can give ,000 to an individual candidate, and ,000 to a national party committee. Federal non-multicandidate PACs can give,300 to an individual candidate, and ,500 to a national party committee.

A multicandidate PAC is a political committee with more than 50 contributors which has been registered for at least 6 months and, with the exception of state party committees, has made contributions to 5 or more candidates for federal office.

Different rules apply to state and local elections. An individual intending to campaign for any elected office needs to know election finance rules and should consult with a political campaign finance attorney at an early stage in their campaign decisions and certainly at the first sign of trouble.

News Note - Democratic Presidential Candidate Barack Obama has set a new campaign contribution record with his announcement that his campaign fundraising efforts brought in 0 million in the month of September 2008. This gives Barack Obama a huge advantage which is reportedly allowing him to outspend John McCain by as much as 4 to 1 in some swing states. The campaign added 632,000 new donors for a total of 3.1 million donors to date. The average donor contribution to the campaign is .

If you have an election legal matter of any kind, we have the knowledge and resources to be your San Diego Election Lawyers, and Orange County Election Attorneys. For this reason, be sure to hire a California law firm with election lawyers who can represent you from Palm Springs, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Riverside, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an election legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

Article Source: http://www.articlesbase.com/national-state-local-articles/san-diego-orange-county-riverside-san-bernardino-california-election-lawyer-discusses-campaign-election-finance-laws-612071.html

About the Author

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.

Visit our website at http://www.sebastiangibsonlaw.com if you have an election legal matter of any kind. We have the knowledge and resources to represent you as your San Diego Election Lawyer and Orange County Election Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.

Attorney questions and answers

Author: lawfaq

a case is dropped, should a defendant have to pay attorney fees and court cost?
even if it never went to court AND the defendent didnt hire the opposing attorney?shouldnt be right if you have to as there was no judgement passed in favor of either side. DID YOU PAY THE ATTORNEY IN ADVANCE? DID YOU SIGN A CONTRACT?.

a four year old bill i got sick couldn't pay last year was granted ssi for a disability. Court papers not in
name, but they keep serving me, once i pay an attorney and take him with me, the courts will change the name on the papers to my name right? My guestion is once they see i've only.

A lawyer overcharged me. What can I do? I live in Texas.?
This attorney knew that we were going to drop him and he overcharged us with a big bill at the end. Attorneys seem to have all of the leverage. I live in Texas. What did he overcharge you for? Usually a lawyer tells you before taking your.

A question on ethics?
If I were an attorney at a firm that was to represent a plaintiff in a civil suit and I found that one of my partners owned 500 shares in the buisness of the defendant and another partner represented the co defendant in a child custody battle 10 years ago, would either of these create.

About jail.?
My boss has been in jail for a week. He said that his attorney didnt show up to court last friday so the judge held him in contempt. Is that possible? Someone is being untruthful. If your boss showed up in court for a proceeding where he was the defendant, he could not be jailed for his.

adoption procedures ?
I am going to be adopting a baby and the birth mother wants us to take it home from the hospital. Does anyone know what procedures need to be done to insure it is done legally? We do not have an agency involved in the process. You must either have an attorney or an agency to.

Do I have the ability to bring legal action against my attorney?
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We're in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted.

Do I hire this 1K attorney or file this divorce myself with a kit after 11 yrs and 3 kids & no assets?
The History: Married 11 years ago, he started drinking heavily by the 2nd year of marriage. The drinking turned into long days/nights gone.I was at home w/ the kids carless, no phone at times. He finally.

Making out a will?
My husband of 12 years is part owner of family farm 3 brothers 1 sister, And he has an inheritance coming are question is this, he has no will, Can we make one or do we need an attorney? If something happened to him I would be booted out faster than you could say bye,.

Maryland Divorce Lawyer?
I am getting a divorce in Maryland and need to know of a good place to locate an attorney. I don't want to ask for a referral from any of my work folks because I'm still a little uncomfortable about the whole thing. I tried the bar association but no one ever called me back. Can.

Michael R. Green, attorney,Tulsa, is not listed on Martindale-Hubbell. What does that mean?
Nothing significant. He may have been in practice less than 5 years. You don't get rated until you have 5+ years. He may have chosen not to pay the outrageous price Martindale-Hubbell charges. The best way to find an attorney is to ask everyone you.

My child in Florida wants me to file for custody of her, she is over 14. Where can I get free legal forms?
I already know its her choice and etc, and that a judge will privately ask her etc. so, I cannot afford an attorney, and need the forms, i know you can get them online free, but.

My girlfriend was in a car wreck and pregnant her friend was driving and its her fault what will her claim be?
Claim against the girl friends insurance company. Medical bills, pain and suffering, loss of employment and any thing else that your attorney can dream up. This could pay for the wedding. - Not enough information to.

My husband just recieved a writ of execution.what can they take? Can they take what I purchased before marriag
you better get an attorney fast, in most states whats yours is his and if you put his name on it as an owner then yes they can. - They cannot take what you received before marriage, or anything.

My mother and stepfather died with no will?
my mother died on 11/19/06 because of that it was my responsiblity to look after my step-father due to health issues. He gave me power attorney to take care of things on his behalf.he has no children just me, he changed me to sole beneficary on his life insurance in place.

My mother is on ssi/ medicaid in nm. does anyone know the 'spend-down' policy if she receives an inheritance
Dana, I'm a N.M. attorney and was appointed to represent an 87 year old woman in a nursing home. There a ton of nuances to what allowable assets she can have, but the cash amount is about ,000. She.

My only sibling has signed power of attorney ,over to an accaintance and he is now in jail for 6yrs?
he owns a business in fl, and has personal assets, that i dont want the poa holder to get ,they havent known each other long, and has been running business since recent incarceration any suggestions? i live in mi..

NEED A LAWYER for Laparoscopic hernia repair and 3 bowel perforations?
If there any attorneys or anyone know of an attorney please, I would appreciate your help. I had a laparoscopic hernia repair along with gall bladder removal, and my small intestine was nicked 3 times. I developed sepsis and peritonitis and was hospitalized for one mth. I have.

Need an attorney to handle privacy act violation in or near springfield ky?
need to know if have a possible case for someone in the medical field giving out personal and confidential medical information without consent or knowledge If you need an attorney that handles privacy act violations try doing a search from the site below. I would put.

Need help getting a affordable attorney?
I live in dallas, texas and i need to find a attorney that i can afford to pay. I'm a mother who is trying to get her kids back (having a custody issue) and having trouble because its hard enough maintaining my house and trying to save for an attorney. Can someone help.

Needing some information about my power of attorney..?
i have a general POA for my husband who is deployed. i am trying to sign an application for free complimentary ,000 ADD coverage through our credit union. the CU is saying that they can't accept a POA. i have the legal aid office checking on this, but i won't get.

On o.j. not being able to eat in restaraunt question?
o.j. simpsons attorney is upset over this and says he is gonna sue the restaraunt owner.who will win in court?.the owner?..does he have the right to serve who he pleases.Or.o.j..is that discrimination and racist. Maybe the owner decided his presence was causing a disturbance and the safety of the.

Once a bankruptcy is discharged - can it be reversed?
I was discharged from bankruptcy almost 2 years ago and now the Trustee is asking for alot of detailed information that I had already given my attorney in 2005. The 'Original' attorney I hired left the law firm and the 'New' attorney couldn't locate most of my file. If.

Opening Statement as a defense attorney?
How would I be able to make an opening statement that lasts about 3-4 minutes out of this paragraph said by the defendant: 'How in the world would I ever know that there might be a shell in the can of oysters I sold this lady, and how did she rely on my.

Other than being an attorney, what other carrer opportunities are available for law degrees?
or anything having to do with attorneys or judges There are many with law degrees that have ventured into mass media--particularly TV. Many of the analysist on the news programs have law degrees. There are even a few are announcers for automobile races. Also they.

Overseas Pennsylvania Power of attorney U.S. Consulate?
Need an online form I can fax to Vietnam. Need to mortgage the house, it's in my brothers name, but he's overseas and won't be returning, Thus I need a power of attorney. The online forms I see are for in state notaries. What form is adequate for Pennsylvania that would be.

Paul Begala, former Clinton White house figure defined Bill Clintons 'excellence' in the U.K. telegraph?
(quoting)Paul Begala, another key Clinton White House figure, said: 'President Clinton excelled as attorney general and governor of Arkansas, he excelled as president and he's been a model of the modern Senate spouse.' is this what he meant? - The only president ever impeached.

Please Answer Only If You Are A Lawyer or Judge: What exactly is the job of a public defender?
As was answered earlier, a public defender is an attorney appointed to represent an indigent person accused of a criminal offense. Indigent persons have had a right to counsel in all 50 states and at the federal level since.

PLEASE HELP this is very important seriously..?
someone close to me rec'vd an email from a man saying that he is a attorney of a man that passed away with the same last name as my friend and that my friend can get the money from the deasced man. i guess the attorney was left money but he cant.

More law questions please visit : LawFreeFAQ.com

Article Source: http://www.articlesbase.com/law-articles/attorney-questions-and-answers-1133508.html

About the Author

LawFreeFAQ.com

The Truth About Paying Collection Accounts

Author: Daniel J Harris

When you encounter a tough financial time, chances are, you just want to get your debt paid off as soon as possible, with the hope that a collection account won't become a permanent addition to your credit report.  Because after all,  you want is your score to improve, right?  Unfortunately, once a collection account creeps its way onto your report, it finds a home there, as part of your credit history.

Truth 1: Paying Off a Collection Account Doesn't Improve Credit Score

Any appearance of a collection account on your personal credit reports lowers your credit scores.  Unfortunately, once the collection account appears on your credit report, it's part of your credit history, and it doesn't really make a difference whether you pay it off or not. 

Truth 2: The Original Amount of a Collection Account Doesn't Make a Difference

The fact of the matter is that the amount of money (big or small) on the collection account is virtually irrelevant, regarding the effect it has on your credit score.  Maybe it's 0 maybe it's ,000 - the bottom line is that anything from a collection agency that appears on your credit reports will lower your credit score, no what the amount of money is.

When Was the Last Time You Checked Your Credit Reports for a Collection Account?

Check your credit reports regularly: Go to myfico.com and pay attention to any negative items in the Public Records section.

Subscribe to a credit monitoring service: This allows you to monitor all activity on your credit reports.

Other Items in the Public Records Section That Are Similar to Collection Accounts...

- Federal and state tax liens (released and not released)
- Judgments and satisfied judgments
- Bankruptcy

Similarly to collection accounts, when any of these items show up on your credit reports, your FICO credit scores go down.

The Amount You Can Expect Your Credit Score to Plummet...

Unfortunately, there's no specific number, but it can easily go down by 100 points, or more.
If you pay off the collection, it will show up as a balance of [POST CONTENT] on your credit report.  Nevertheless, your credit scores will decrease whether the public record item is paid or not.

Basically, once a collection account appears on your credit report, simply paying your debt off, will not make it go away! Pay off all your debts promptly and be mindful of what's on your credit report, so that a collection account won't land on your credit reports to begin with!

For more information on collections accounts, understanding your credit reports, or fighting a particular debt, don't hesitate to contact the Adkins Firm, your Atlanta Bankruptcy experts!

Article Source: http://www.articlesbase.com/bankruptcy-articles/the-truth-about-paying-collection-accounts-2760837.html

About the Author

Article written by Michael Mroz.

For debt relief assistance in Atlanta, Georgia. Contact Marty Adkins of the Adkins Law Firm for the best advice on becoming financially successful and bankruptcy legal advice

Bankruptcy and Related Ability to Purchase Home

Author: Ravisankar

Bankruptcy and related ability to Purchase home

Bankruptcy, the dreaded word, can pull you down very badly at times. It not only drains you financially but even creates emotional and social blockades that some find difficult to breach. Having a home to shelter you in such times is very comforting. It soothes your frayed nerves. But what if you do not have one? Can you still apply for a loan to buy one? It is considered quite difficult for bankrupt individuals to get a home loan sanctioned in such times of crisis. Not anymore.

There are options that are available for individuals in such a state to still get a home loan. All it takes is some good planning and a disciplined approach to managing your credit. Many lenders think twice before sanctioning a loan for property to people who have filed for bankruptcy. It all depends on how you are able to convince the lending institution about your ability to repay the loan back. A few steps to help you are detailed below:

First, you need to decide on the type of bankruptcy filing that needs to be adopted. There are basically two types of filing; Chapter 7 and chapter 13.

Chapter 7 involves liquidation of all assets where as chapter 13 is a safer route. This entails re-organization of the financial portfolio, assets and liabilities and even the budget. This is considered a safer option as it provides a security for the debtors about the repayment of loans sanctioned. Taxes to be paid are also put on the back burner till such time as the individual gets back on track, financially.

Secondly, it is advisable to wait for atleast a couple of years after filing, to apply for a mortgage loan. Also all information related to the bankruptcy has to be declared upfront, before the same is unearthed by the institution. This gives a sense of transparency and clarity to the entire procedure.

Most importantly, you need to prove that you have a steady income to support you as well as enough additional income that can help you repay the loan in future times. This creates a sense of security for the lending institution which helps in convincing them about your repayment capability. The records have to be submitted to prove the same.

You can start with a smaller amount and later ask for an additional top-up amount as times pass by and you become more financially strong.

Credit worthiness is an important aspect of such transactions and hence ensure that you do not default at any times, as any such action can adversely affect your reputation.

It is always advised that a bankruptcy attorney be entrusted with the work of putting your finances back on track, as such professionals are experienced in all the legal aspects that can get crucial reprieve from authorities and absolve you of complicated liabilities, if any.

Article Source: http://www.articlesbase.com/real-estate-articles/bankruptcy-and-related-ability-to-purchase-home-953113.html

About the Author

Beautiful homes for sale at Arizona City Real Estate , Avondale AZ Homes for Sale and Buckeye Realty.

Bankruptcy May Not Cover Christmas Credit Card Binges

Author: Tony Bertolino

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 0 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.

Article Source: http://www.articlesbase.com/bankruptcy-articles/bankruptcy-may-not-cover-christmas-credit-card-binges-1641814.html

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

Military Members Who are Facing Bankruptcy in Texas Have Legal Protections

Author: Tony Bertolino

There is no doubt that the amazing men and women who serve in the United States military are the finest our country has to offer.  They have made the choice to risk their lives to protect each one of us and we can never repay them enough.  The commitment that the members of our armed forces are asked to give has become even more significant in the wake of the September 11th terrorist attacks.  We now have service members who are sent to the other side of the world for a year or more at a time, only to return home for a few months and then do it all over again.  With many of our military troops away in Afghanistan, Iraq, and other bases around the globe, military families are left at home struggling to pay the bills in the midst of this difficult economic recession.  The unfortunate result is that federal bankruptcy filings by members of the military are on the rise, creating additional stress in already strained relationships.

Across the country, and particularly here in Texas, citizens have been experiencing an increase in bankruptcy filings every year throughout this recent economic crisis.  According to the American Bankruptcy Institute, consumers filed 675, 351 bankruptcy filings in the first half of this year, which is up 36.5% from the same period last year. The same organization estimates that there will be a total of 1.4 million new bankruptcy filings by the end of the year, which would be a substantial increase over the 1.06 million filed in 2008 and the 801,840 cases during 2007.

The residents of Texas are faring better than the country as a whole, but there are still plenty of our Texans who are suffering.  In the twelve-month period that ended on June 30, 2009, there were nearly 50,000 incidents of bankruptcy filings in the Lone Star State.  The Southern District of Texas, which includes Houston, was the only region of the state to experience a decrease in filings over the past year. However, even this region of Texas is seeing the number of bankruptcies accelerate as the year progresses.

What do these daunting numbers mean for our military servicemen and women?  In the state of Texas alone, there are close to 200,000 military personnel representing every branch of the armed forces. From Randolph Air Force Base in San Antonio to Fort Hood to Corpus Christi Naval Air Station, service members and their families are operating on incomes that are certainly less than they deserve and are often worried about how next month’s bills are going to be paid.  Naturally, the financial situation is particularly strained when children are involved.  With one parent overseas, there is the decision that must be made between surviving on one military income or paying the cost of full-time day care and returning to work for an additional paycheck.

Just looking at recent homeowner foreclosure statistics provides one important indicator regarding the money crunch that soldiers are facing.  The number of homes in foreclosure in the United States rose 59 percent in the first quarter of 2008 when compared to the previous year. Foreclosures during the same time period in towns near military bases were up an average of 217 percent.  Our men and women in uniform are undoubtedly experiencing a disproportionate level of economic hardship. Fortunately, there are some protections in place for the members of our military who must face these difficult decisions.

The most significant piece of federal legislation that works to save the assets of our military personnel is the Servicemembers Civil Relief Act (SCRA). The SCRA prevents the filing of a default judgment by a creditor, requires that notice be given to a military member about his or her accounts, and can wipe out judgments and garnishments against service members. These protections often help to make filing for bankruptcy unnecessary for members of the military, or at least diminish bankruptcy as an appealing option.  And, the SCRA extends to anyone who is a co-signer or shares debt with a military member, which certainly helps the family members who are making financial sacrifices at home.  In order to qualify for the protections offered by SCRA, personnel must show that their service is materially affecting their ability to pay the bills.  For most young, enlisted families, such verification will not be difficult.

Texas also offers bankruptcy protection for those serving in the military, as spelled out in MISC 10, 1035, 46, 1111, 38 and 562 of the Texas Bankruptcy Code. This law states that if a debtor is serving active duty in the military and is stationed abroad, his or her military deposits in savings accounts are exempt from seizure.  As is also enforced on the federal level through the SCRA, Texas bankruptcy law states that U.S. courts can stop any judgment if ability to pay is directly affected by military service.  This exemption usually remains in place through the length of the debtor’s military service plus three months.  If the immediate need to pay creditors is removed, then some of the pressure to file for bankruptcy protection is hopefully alleviated.  It appears that the U.S. government recognizes the financial strain that is being placed on our military families and has taken these steps to provide at least some level of relief.

Article Source: http://www.articlesbase.com/bankruptcy-articles/military-members-who-are-facing-bankruptcy-in-texas-have-legal-protections-1357027.html

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

Discharging Income Taxes And Student Loans In Bankruptcy

Author: Joseph Seagle

If you are considering bankruptcy because of tax problems, then you will benefit from reading this article. Most people believe that taxes cannot be discharged in bankruptcy. This myth is not true. There are some technical rules that allow tax debts to be discharged in bankruptcy. If you meet each of the following requirements, then your taxes can be discharged.

The first requirement is that you have filed a legitimate tax return for the year in question. Second, the tax return must have been filed at least two years before you filed for bankruptcy. Third, the tax return was due at least three years before you file for bankruptcy. Finally, the IRS has not assessed your liability for the taxes within 240 days before you filed for bankruptcy.

The following example should make things more clear. Joe filed a tax return in Aug 2003 for the 2002 tax year. In Mar 2005, the IRS audits his 2002 tax return and assesses a tax debt of ,000. In May 2006, Joe files for bankruptcy. The return was due on April 15, 2003, more than three years before Joe's filing date. The tax return was filed in Aug 2003, more than two years before Joe's filing date and the assessment date of Mar 2005 was more than 240 days before the filing date. These taxes can be discharged in bankruptcy.

If you meet all of these requirements, your liability for the taxes should be discharged. Penalties on taxes that are dischargeable are also dischargeable. However, courts are split as to whether you can discharge penalties if the underlying debt is nondischargeable. If you borrow money on your credit card to pay taxes that are not discharged, you cannot eliminate this loan in a chapter 7 bankruptcy.

You cannot discharge debts for income taxes if you did not file a return or you were intentionally avoiding your tax obligations. Returns filed on your behalf by the IRS are not considered returns. Property taxes are not dischargeable unless they were due more than a year prior to your bankruptcy filing. The property taxes remain as a lien against the property and will eventually lead to foreclosure. Trust fund taxes such as payroll taxes cannot be discharged in bankruptcy.

When faced with a tax liability, it is essential to time your bankruptcy. If you do not meet the requirements of discharge, then your only option is to reach an offer in compromise (OIC) with the IRS. Most people are under a misconception that the IRS will settle their debts for pennies on the dollar. The IRS is authorized to settle debts if it determines that there is "doubt as to liability" or "doubt as to collectability" of the debt. The policy behind the OIC program is to compromise debts of those taxpayers who owe more than can be collected in the ten year statute of limitations period.

As you can see, discharging tax debts in bankruptcy is the better alternative for the debtor than entering into a lengthy repayment plan with the IRS.

Article Source: http://www.articlesbase.com/finance-articles/discharging-income-taxes-and-student-loans-in-bankruptcy-1182998.html

About the Author
http://www.filemybankruptcynow.com

Should I file for Bankruptcy?

Author: yanni raz

If you are an individual who finds yourself swimming in a large amounts of debt, you may be considering filing for Bankruptcy.  If you are considering Bankruptcy, it is probably because you feel that you are spending more than you are making in income, and the creditors just wont stop harassing you.  And you feel that you are head over heels in debt and have no way out.  If you have been seeking out other options and just cant seem to get out of the hole, than Bankruptcy is the right option for you.

Being in debt can affect many areas of your life.  Your livelihood, emotional well-being and can even affect any relationships you are in, and not in a good way.  If you are in debt, you are probably under a great deal of stress, feeling like you cant even think straight enough to come up with a solution.  You may even be facing depression.  If Bankruptcy seems to be your only option, you can consult a Bankruptcy Professional in your area, and they can give you the right options for your situation, since everyone’s situation is different.

When filing for Bankruptcy, keep in mind there are different types of bankruptcy that can be filed, depending on your individual situation.  Your bankruptcy attorney will guide you in the right direction.  Always remember that filing for bankruptcy is nothing to be ashamed of.  In fact, it could really benefit your future in the long run.  Consulting your attorney in this matter could be the beginning of the rest of your financial future.

Not sure if you are qualified to file for Bankruptcy?   Since there a different types of bankruptcy to file, Chapter 7 and Chapter 13 being the most common.  If you are eligible to file for Chapter 7, you must not show another filing in the previous 6+ years as a resident in the United States.  You must also prove that after paying all expenses in a given month, that you cannot afford to repay debt.  Also be sure that you have never filed for Chapter 7 in the last 6 months or so.  With filing Chapter 7, you may end up losing property (other than the home) that is very valuable to you in order to satisfy the debt that you owe.  When filing, you will have to fill out a lot of paperwork, attend court and then wait 70-75 days for all debts to be discharged by the court.

Many people chose not to risk the chance of losing their valuable property, will file for Chapter 13 instead.  This filing does not discharge debts, but allows the person holding the debt to repay it over a 5 year period.  The individual will have to review all expenses and come up with a payment arrangement and amount of payment for approval by the court.  You must not have move than 0,000 in debt to be able to file for Chapter 13, in secured debt that is.  Unsecured debt should be 0,000 or lower.  Certain debts will not be excused under Chapter 13, student loans for example.  Filing a petition with the court will begin the Chapter 13 process.  After submitting the petition you have 15 days to submit your payment schedule, a court trustee is the appointed to the case, and will act as a middle man between the creditors and the person making repayments.  Within 30-50 days the creditors will hold a meeting to discuss the repayment plan.  The Judge then OK’s it.  At this point it is completely up the person holding the debt to make payments on time.

Speak with your Bankruptcy attorney today, to see which plan is best for your situation.

http://www.yanniraz.com

Article Source: http://www.articlesbase.com/real-estate-articles/should-i-file-for-bankruptcy-1335001.html

About the Author

Yanni Raz is a mentor for many in the Real Estate Mortgage industry, Yanni Raz is been tutoring many homeowners in California and help some also to save their homes. http://www.homesinsale.com

Doctor Reprimanded by Texas Medical Board for Having Sex with Patient

Author: Tony R. Bertolino

Television and movies sometimes like to make fun of the practice of psychiatry and treat its relevance in a trivial light. For example, a dad unintentionally scares his children when he jumps into their bedroom dressed as a clown and mom is heard saying, "Well, I guess we'll be using those college savings for years of therapy bills instead." In reality, millions of men and women seek psychiatric treatment for genuine and serious problems of depression, abuse, and relationship problems. Their medical diagnoses are much more than a punch line. In no legitimate course will a hopeful doctor learn that having sex with a patient is part of an approved cure. In fact, such an act will instead result in professional, and possible criminal, consequences.

Doctor Alan T. Lloyd has been reprimanded by the Texas Medical Board for his decision to have sex with a patient who was seeking his counsel for depression and thoughts of suicide. Lloyd treated the woman in Houston from 2003 until 2007 and now lives with her in San Antonio. He unsuccessfully attempted to convince the board that the intimate relationship did not begin until the doctor/patient relationship had ended. The over-friendly doctor now must take a course on "professional boundaries," pay a ,000 fine, and pass a medical bar exam within a year. If these steps are not completed, Lloyd will have his medical license suspended. Texas law does make it illegal for doctors to have sex with patients, so Dr. Lloyd still could face criminal charges.

At Bertolino LLP, we have medical licensing attorneys who practice in the area of medical licensing and medical boards. If you are a doctor and you have been brought before the Texas Medical Board for any reason, we have experienced Austin, Houston and San Antonio lawyers who will provide you with the best possible representation. When your professional livelihood is at stake, you want to have a knowledgeable and aggressive medical boards attorney by your side. Please contact one our medical boards lawyers in Austin, Houston, or San Antonio office today if we can be of service. http://www.belolaw.com

Article Source: http://www.articlesbase.com/law-articles/doctor-reprimanded-by-texas-medical-board-for-having-sex-with-patient-866081.html

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

Preventing Orange County & San Diego California Charter & School Bus Accidents - a California Bus Accident Attorney’s Guide

Author: R. Sebastian Gibson

If you or your children have been injured in a school bus or charter bus accident or who simply ride a school bus anywhere in California from San Diego, CA, to Orange County, from Santa Barbara to Ventura or Oxnard, from Santa Ana, Irvine or Anaheim to Fullerton, Fontana, or Yorba Linda, or from Rancho Cucamonga or Ontario to Palm Springs, Indio, Coachella or Palm Desert (though we expect the rides are much shorter than that) you probably wonder from time to time how well your children are being looked after with care and how bus drivers are hired. School bus drivers have a lot to do to ensure the safety of their passengers and one additional factor can result in an accident.

School bus accidents, because of their precious cargo, are no laughing matter. But as every parent knows, where kids are involved, despite a parent's best precautions, trouble often follows as certainly as dirt and grass stains.

Charter bus accidents have commonly been in the news in a different type of situation - many recent crashes have been promotional bus trips taking gamblers to casinos. In either situation, the results of a crash can be horrific.

Today, many parents lose time from work, and completely disrupt their schedules just to drive their children to and from school, rather than to allow them to risk the dangers of walking to school or being passengers in school busses. And yet, many adults will ride a casino bus with absolutely no knowledge of whether the bus driver has been vetted, and whether he or she is properly licensed to carry passengers.

Here's a sampling, taken to the extreme, of how bus accidents can happen.

Busses so overloaded they could make it into the Guiness Book of Records.

Bus drivers operating on no sleep due to staying up all night for their medical marijuana license exams.

Novice bus drivers or drivers more experienced in street racing than school bus driving.

Police chases of school or charter busses.

Busses equipped without properly maintained brakes in order to save cost.

Drag racing of busses.

Bus drivers racing to meetings with their parole officers.

Unlicensed or improperly licensed bus drivers.

Bus field trips gone awry with stops for beer.

Bus road rage.

In actuality, bus accidents do occur due to overloading, speed, the use of drugs or alcohol, aggressive driving, poor maintenance, sleepy drivers and drivers with police records that should never have been allowed behind the wheel.

But bus accidents of any kind can also occur without the driver being drunk or on drugs, when it later comes out in an investigation that the bus driver simply wasn't properly licensed and on parole, as in a recent casino bus crash that took the lives of nine people and injured many more.

If you have a child who has been injured in a school bus accident, or if you've been injured in a charter bus accident, speak with an experienced bus accident lawyer who can investigate if any of these factors were the result of your injuries or your child's accident..

News Note - On October 1, 2008, Governor Schwarzenegger banned motorists from texting, writing or reading messages on electronic devices. The law goes into effect January 1, 2009.

Article Source: http://www.articlesbase.com/personal-injury-articles/preventing-orange-county-san-diego-california-charter-school-bus-accidents-a-california-bus-accident-attorneys-guide-603265.html

About the Author

Sebastian Gibson graduated cum laude at UCLA in 1972 and received two law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law in Southern California.

Visit our website at http://www.californiaattorneyslawyers.com If you’ve been injured in a school bus or charter bus accident or lost a loved one, we have the knowledge and resources to represent you as your Orange County Bux Accident Lawyer and San Diego Bus Accident Attorney or your attorney in the areas surrounding the cities of Ventura, Palm Springs, Palm Desert, Cathedral City, Indian Wells, Rancho Mirage, Desert Hot Springs, Twentynine Palms, Indio, La Quinta, Mission Valley, San Marcos, Escondidio, Palmdale, Mission Beach, San Diego, Orange County, La Jolla, Del Mar, Carlsbad, Newport Beach, Laguna Beach, Huntington Beach, Corona, Yorba Linda, Orange, La Habra, Mission Beach, Hermosa Beach, Manhattan Beach, Camarillo, Anaheim, Santa Ana, Costa Mesa, Irvine, Tustin, Buena Park, Anaheim, San Bernardino, Fontana, Rancho Cucamonga, Ontario, Riverside, Santa Barbara, Temecula, San Luis Obispo, Oxnard, and Fullerton.