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.

Insurance Policy Doesn’t Always Cover Against Lawsuit

Author: James Adler

INSURANCE POLICY DOESN’T ALWAYS COVER AGAINST LAWSUIT

Sometimes when a lawsuit is filed against you, your insurance company will provide you with an attorney to represent you but indicate that this is an “excess claim” and that it is defending you under a “reservation of rights”. An excess claim is one in which the amount sought exceeds the policy limits. In such a situation, you are responsible for any amount awarded in excess of your policy limits.

A reservation of rights means that your insurance carrier is reserving its right to deny coverage and to withdraw its defense in the matter. This may be because it believes you are insured for one of the claims against you but not for others.

For example, if you sell and install a built-in oven that later explodes and injures someone, you may be sued for negligent installation and a breach of warranty. Your insurance carrier may believe you have coverage for the negligence claim but not for the warranty claim and thus will defend under a reservation of rights. If you win on the negligence claim and lose on the warranty claim, your insurance company may deny coverage.

If a claim for punitive damages is included in the lawsuit, your insurance company will usually indicate it is not responsible for that portion of the claim.

Another reason your insurance company may reserve its rights to deny coverage is if it thinks you may have provided false or misleading information on your application for insurance, such as failing to inform them that you install the ovens you sell.

Sometimes it is unclear whether your policy covers the type of claim being made against you. Your insurance carrier may choose to defend you because if it fails to do so and you lose, it would be responsible for the judgment if a court subsequently rules that the policy did provide coverage in this area.

When your insurance company indicates that you have less than full coverage and/or it is defending under a reservation of rights, your interests may be diametrically opposed to your insurance company’s. While both of you hope that you win the case outright, your insurance company wants the matter to be settled or resolved outside of your coverage. You, of course, want it to be settled or resolved within your coverage.

While the attorney provided by your insurance company represents you on the claims against you, he or she cannot get involved in the coverage issues raised by your insurance carrier.

It is wise to consult your own attorney at the outset to represent you on the coverage issues. Your attorney can negotiate with your insurance carrier to settle the claim within your policy limits so that you do not run the risk of being liable for any award in excess of your policy limits. If you insurance company acts in bad faith and fails to settle the matter within your policy limits, it may become responsible for the excess amount, as well.

Your own attorney may also suggest that you reject the reservation of rights and force your insurance company to either defend without any limitations or to deny coverage.

If the insurer denies coverage and refrains from providing you with an attorney, it runs the risk of being responsible for the judgment if another court ultimately rules that your policy covered you against the claim. If either you or your carrier do not like this element of risk a separate suit on the policy (a declaratory judgment action) may be immediately filed by either of you seeking a judicial determination as to whether there is coverage and if so, where the coverage lies.

When you receive a letter from your insurance company indicating that the claim is in excess of your coverage or that it is defending under a reservation of rights, you should contact your own attorney immediately so that crucial strategic decisions can be made early on. If you wait until the case against you is ultimately resolved, it may be too late.

December 22, 2008

Article Source: http://www.articlesbase.com/law-articles/insurance-policy-doesnt-always-cover-against-lawsuit-695422.html

About the Author

James F. Adler has been a Senior Partner at his law firm for 30 years and has handled 100’s of cases as a personal injury lawyer for a truck accident in Missouri or Kansas

Will Filing For Bankruptcy Haunt Me Forever

Author: Eulalia Allmand

You may have filed for bankruptcy or are thinking about filing for bankruptcy, and are worried that it will haunt you forever.

Rather than focus on the perceived negative aspects, you should concentrate on the positive ones.

Bankruptcy Will Not Stay With You Forever

While it is true that bankruptcy will stay on your credit record for a period of 10 years after you have filed, you will still be able to increase your credit rating if you manage to clear all your debts.

Do not be worried about your credit rating when you file for bankruptcy. Chances are that it is in a bad state anyway, as you would have already been late on or defaulting in your payments.

Your credit rating will have reached its lowest point by the time you file for bankruptcy. After the filing, you will be able to concentrate on raising your rating again by making prompt payments in the future.

You Can Still Get a Loan after Filing for Bankruptcy

If you have maintained your new repayment schedule after filing for bankruptcy under chapter 13, then you can probably get a loan within a period of 2 years.

You will also be eligible for a secured credit card, where you might have to put up collateral equal to the amount of credit that you will be given.

As time passes by and your credit rating improves, you will be able to get a regular, unsecured card. The interest rates that you will be eligible for will probably start coming down as well, as you will be viewed as a better credit risk.

Keep in mind that if you file for bankruptcy for a second time within a span of a couple of years, it will definitely send up a red flag to potential lenders.

Bankruptcy Can Give You another Way to Repay Your Debt

Instead of thinking that your bankruptcy will haunt you forever, look at it as another way of getting another chance to repay your old debts in a much less stressful way.

This can slowly restore your confidence and self-esteem. Your lenders will also be appreciative if you stick to your repayment schedule. So stay mentally strong and control your finances, and give top priority to clearing off your old debts first.

Try to analyze the problems that caused you to file for bankruptcy and avoid falling into the same trap again. Keep an eye on your credit rating and get updated reports from the credit bureau regularly.

Keep Your Chin Up

Don't let filing for bankruptcy get you down. Treat it as a challenge, which will enable you to emerge as a stronger person.

Bankruptcy can be very testing financially and mentally. You should be prepared for a rough ride, but only for a limited period of time. Once your finances are in better shape and you have set a new level of control, then that period will soon be just a faded memory.

Remember that a bankruptcy will stay only for 10 years against your credit record. If you stick to your financial recovery plan, then you will be back on your feet in no time!

Article Source: http://www.articlesbase.com/finance-articles/will-filing-for-bankruptcy-haunt-me-forever-465572.html

About the Author

Allmand & Lee are Bankruptcy Attorneys who specialize in consumer bankruptcy and offer dallas bankruptcy services that help good people through one of the toughest times in their life. For more information please visit us at http://www.allmandandlee.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

Let A Corporate Bankruptcy Lawyer Shoulder All Responsibilities

Author: Douglas M. Parks

At the time when a company files for corporate bankruptcy a number of questions arise that need to be answered satisfactorily and which often is best answered by a corporate bankruptcy lawyer. Investors for one will be curious to know what is going on with the company and will also want to know who is going to take care of their interests and most importantly will need answers to how much value remains in the securities of the company. They will also want to know whether the stock is worth anything or whether they have no more value that a worthless piece of paste paper.

Chapter Of Bankruptcies

A corporation that is going out of business or who is trying its best to recover from unbearable debts will be put under the purview of federal bankruptcy laws. For its part the company declaring bankruptcy or the debtor will need to know which Chapter of Bankruptcy is applicable for their type of bankruptcy. This is where the services of a corporate bankruptcy lawyer is most appreciated because it is only these lawyers that will know the different Chapters of Bankruptcy and who will also be able to match the company's financial situation with the best Chapter of Bankruptcy.

A corporate bankruptcy lawyer is the one that is best able to advice the bankrupt company about using either Chapter seven or Chapter eleven bankruptcies. They will explain that the Chapter Eleven bankruptcy will suit a company that wishes to reorganize its holdings and which wants to try and transform the company back into a profit making corporation.

On the other hand, the corporate bankruptcy lawyer may recommend that the bankrupt company file for Chapter seven bankruptcies if they are convinced that the company should cease its operations and shut down its operations immediately. Corporate bankruptcy laws are very complex and most CEOs will not be able to grasp the intricacies and will therefore not be in a good enough position to make a wise decision.

When an accident occurs and you are party to the unfortunate incident you will do well to consider hiring an accident lawyer to handle the complex process of recovering costs of repairing the vehicle as well as getting reimbursement for personal injuries suffered.

It is however best that a bankrupt company hires a corporate bankruptcy lawyer who will then guide the company in the best possible manner through the entire corporate bankruptcy process which otherwise can prove to be very trying. In fact, most often the senior management will not have the time or the wherewithal to see the corporate bankruptcy through by them. Hiring a corporate bankruptcy lawyer to do the needful is therefore the best choice as they will shoulder the entire responsibility of seeing the whole process through while also ensuring that the bankrupt company gets the best deal possible.

Article Source: http://www.articlesbase.com/national-state-local-articles/let-a-corporate-bankruptcy-lawyer-shoulder-all-responsibilities-1571946.html

About the Author

If you love this article, you will also love another article written by this article's author on acer notebook computers and refurbished notebook computers.

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

What Is A Bankruptcy Lawyer?

Author: Sammi Jonesman

In today's economy, more people than ever are filing for bankruptcy.  What does this entail, and who should file for bankruptcy?  Do you need a bankruptcy lawyer, and what are their responsibilities?  This article will help you get started.

Bankruptcy is a legal declaration that is made when an individual or an organization cannot pay its debts to a creditor.  Bankruptcy law is the branch of civil law that deals with this Federal process.  A bankruptcy lawyer advises his or her clients on how to proceed with this process.

During bankruptcy proceedings, a federal court will administer the property or other assets of the individual or the firm who owes money to the person (called the debtor) or the organization that is owed the money (called the creditor).  A bankruptcy filing may be voluntary, such as is the case when a business is trying to resolve a financial situation, or involuntary, which is more rare.

A consumer bankruptcy lawyer deals with personal bankruptcy proceedings.  They are familiar with all types of bankruptcy laws involving both individuals and organizations. In contrast, a commercial bankruptcy lawyer deals primarily with Chapter 7 and Chapter 11 bankruptcy proceedings.  Chapter 7 bankruptcy is the most common form of bankruptcy and involves the liquidation of the debtor's assets.  Chapter 11 bankruptcy refers to a reorganization of a business.  Most commercial bankruptcy lawyers work with organizations and businesses rather than with individual clients.

Because bankruptcy laws can be very difficult to interpret, it is best to seek out a knowledgeable bankruptcy lawyer if you are planning on filing for bankruptcy or even if you are just considering whether or not to file for bankruptcy.  The process can be tedious and complex.  Moreover, there are both short- and long-term legal ramifications to filing for bankruptcy, particularly involving personal credit, that individuals must understand before deciding whether to undergo the process.  For these reasons, seek a local bankruptcy lawyer in your area to help you make the right decision.

Article Source: http://www.articlesbase.com/bankruptcy-articles/what-is-a-bankruptcy-lawyer-2145695.html

About the Author

Along with writing articles, Sammi enjoys gardening. Garden Harvest Supply is one of her favorite gardening websites where you can order garden plants online, including tomatoe plants.

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.