Bankruptcy

Bankruptcy in the United States is governed by the U.S. Bankruptcy Code.Different types of bankruptcy filings are governed by specificsections of the Bankruptcy Code. The types of bankruptcies are: (i)reorganization under Chapter 11 for corporations and individuals,(ii) liquidation under Chapter 7 for corporations and individuals,(iii) Chapter 13 for individuals, and (iv) Chapter 9 for municipalities. Another type of bankruptcy proceeding in the United States are proceedings under Chapter 15 of the Bankruptcy Code, whichallows foreign companies, with assets located in the United States,to seek an injunction of all proceedings that would take their assets from them.

Bankruptcy can be considered a special proceeding, with the creation of aspecial set of courts and judges handling these cases. Corporations,municipalities and individuals who seek protection under the Code aregiven so-called "fresh start" by reorganizing their businesses and finances and ranking their creditors by order of priority. The goal of the Code is to allow a debtor to emerge from bankruptcy with a better business structure, or, in the case ofindividuals, a plan for a better management of finances. Bankruptcy is not adversarial in nature, although adversary proceedings may arise from issues relating to bankruptcy.

Lenders, who are often big banks and financial institutions, are firstpriority in the rank of creditors in bankruptcy proceedings. There are also numerous "small" creditors who need a strong voiceto represent them in bankruptcy proceedings. These small creditorsusually include workers who lost their jobs as a result of a debtor'sfinancial difficulty or who are on the verge of losing their jobswhen a debtor decides to halt their operations. The recent decline inoil prices resulted to the bankruptcy filings of numerous oil and gas companies, resulting to the retrenchment of hundreds of workers. Workers file claims for unpaid wages and benefits and retirees.Workers also seek compensation for damages arising from death orpersonal injury as a result of exposure to toxic minerals orchemicals used by bankrupt companies in the operation of their business. Moreover, small creditors include retirees, whose benefitsare often cut or terminated within the course of the bankruptcy proceeding as a cost-saving strategy for the ailing debtor. Retirees,old but have contributed significantly to the company, join the ranksof lenders to seek to have their benefits reinstated and continued.If not represented by a bankruptcy specialist, these small creditors may find their voices lost among the big corporate lenders.

Divorce,illness, student loan debt, and unpaid mortgages are some of thecommon reasons why individuals seek bankruptcy protection, either under Chapter 11 or Chapter 13. When the individual's bankruptcy proceeding is caused by divorce, the individual debtor needs expert representation by a bankruptcy attorney who is not just knowledgeableof the bankruptcy law but also of divorce law, child support andchild custody. In instances when an individual seeks bankruptcy proceeding as a result of staggering student loan debt or unpaid mortgage, the debtor's attorney also need to match the skills of attorneys representing the student loan provider or the mortgagee, which are often big companies equipped with a legal team ready to quash a creditor.

Areas of Law

Estate Planning Law - Legal Information and Resources

Estate Planning Law

Estate planning law governs the laws and procedures involved in the administration of an individual's estate while still alive and the process by which the estate will be distributed in the event the individual becomes incapacitated or when the individual is deceased. An estate consists of all of the individual's property, including house and other real estate; and tangible and intangible property. Estate planning also takes into consideration taxes to be paid during the distribution of assets and the selection of appropriate heirs.

The Uniform Probate Code seeks to clarify, unify and modernize estate planning laws throughout the United States and Washington, D.C.; however, only 30% of the states have completely adopted the Code, while the remaining 70% of states adopted only a portion of the Code. Thus, estate planning law vary greatly from state to state.

An estate plan must include the following: (1) a will; (2) assignment of power of attorney; (3) a living will or health-care proxy; and (4) for some people, a trust. Estate planning is for everyone, not just for the wealthy. Estate planning is for anyone who has property, regardless of whether it is in millions or in hundreds. Estate planning is also not just for older people because time will never tell when an individual will be incapacitated or will die. Estate planning is straightening an individual's life so that when that person can no longer make sane decisions, he or she will continue to live his or her life according to how he or she wants to live.

Drafting estate planning documents is relatively easy and may be completed without the guidance of an attorney. However, there may be unknown complicating issues that need legal advice. Thus it is advisable to have an expert estate planning attorney run through the documents. In addition, there is the issue on probate, the court process to determine whether a will is valid or not. A will is not a guarantee that the probate process will be easy. Probate is usually a lengthy and expensive process, which may involve different courts. If an individual has numerous properties in different states, each property may have to go through probate in accordance with the laws of the state where it is located. State laws on estate planning differ greatly, thus, an attorney who is knowledgeable on the myriad of laws involved in estate planning need to be retained.

Another area in estate planning that would require the expertise of an attorney would be the drafting of a trust. Trusts are draft to mainly avoid probate. An expert on estate planning would know other ways to avoid probate, aside from the drafting of a trust. Probate can be avoided when the property is jointly owned, in the case of spouses, or when the property is life insurance, annuities, or retirement plans.

An estate planning law attorney can greatly help in making sure that all properties are accounted for, the applicable taxes are taken into consideration, and all appropriate heirs are include to cut short the lengthy and expensive probate.

Areas of Law