Tag: consumer

Do I need an attorney to file for bankruptcy?

bankuptcy attorney consumer bankruptcy

Do I need an attorney to file for bankruptcy?

You will probably get a better result if you hire an attorney. You may be able to find an attorney who will give you a free or low-cost initial consultation by contacting a local bar association or lawyer referral service. If you are very poor, there may be a legal aid office in your area that can locate someone to represent you free.

Ordinary people can often handle a very simple Chapter 7 case on their own, without an attorney. This is a proceeding called “pro se.”

Ordinary people probably cannot handle a Chapter 13 case pro se. These cases require close attention to detail in drafting a plan, negotiating with creditors and with the Chapter 13 Trustee’s office, and so on.

If you own a home or other very valuable property, it’s a very bad idea to represent yourself in a bankruptcy case under any chapter. You might save a couple of thousand dollars in attorney’s fees only to learn that you’ve made a mistake that will cost hundreds of thousands of dollars. Penny wise, in other words, can end up being pound foolish.

(Reviewed 11.14.08)

Continue reading “Do I need an attorney to file for bankruptcy?”

What law and rules apply to a bankruptcy?

bankruptcy laws consumer bankruptcy

What law and rules apply to a bankruptcy?

Bankruptcy cases are governed by Title 11 of the United States Code, by the Bankruptcy Rules, and by local rules promulgated by the court where your petition is filed. Cornell University maintains a current copy of the United States Code at http://www4.law.cornell.edu/uscode/. The bankruptcy court web sites generally have links to the Bankruptcy Rules and to the relevant local rules. Clerks in the bankruptcy courts will not give debtors, or even attorneys for debtors, legal advice, and that includes advice about which rules apply to a given case. Since the Bankruptcy Code and Bankruptcy Rules are very technical, and since the case load in the Bankruptcy Courts makes judges very unforgiving of mistakes or missed deadlines, it’s generally necessary to seek advice from experienced bankruptcy attorneys.

(Reviewed 11.14.08)

Continue reading “What law and rules apply to a bankruptcy?”

What are the deadlines for filing a proof of claim with the Bankruptcy Court?

deadline filing consumer bankruptcy

What are the deadlines for filing a proof of claim with the Bankruptcy Court?

A proof of claim tells the bankruptcy court how much a debtor owes a creditor at the time the bankruptcy case is filed.

In a “no asset” Chapter 7 bankruptcy case, there is no deadline because the court will instruct creditors not to file proofs of claim. In other cases, the deadline is generally 90 days after the 341 meeting. Governmental units (e.g., the IRS) have 180 days measured from the commencement of the case. Since the 341 meeting is generally 30 days after commencement, the government basically gets an extra two months.

(Reviewed 11.14.08)

Continue reading “What are the deadlines for filing a proof of claim with the Bankruptcy Court?”

Where do I file a bankruptcy petition?

file bankruptcy petition consumer bankruptcy

Where do I file a bankruptcy petition?

Bankruptcy courts are part of the federal judicial system. Each federal district has one or more bankruptcy courts, each of which is responsible for debtors within a certain geographic region. You can file a petition in a district where you have been domiciled or had a residence, principal place of business, or principal assets for 180 days OR for a longer part of 180 days than in any other district. You may also file in a district where an “affiliate,” general partner, or partnership has a pending case. If you’ve just moved from another district, you would need to wait until the 91st day after moving to file in your new district. If you file in the district where you used to live, you may be able to persuade the court to transfer the case anyway. Visit http://www.uscourts.gov/links.html to locate the web site for your local Bankruptcy Court. You may also reopen your case yourself.

(Reviewed 11.14.08)

Continue reading “Where do I file a bankruptcy petition?”

The Buzz about Byetta’s Black Box Warning

Byetta Black Box Warning Defective Products

The Buzz about Byetta’s Black Box Warning

There’s a buzz going around the drug industry about the U.S. Food & Drug Administration (FDA) imposing a black box warning on Eli Lilly and Amylin’s Byetta – a subcutaneous injection used to treat Type 2 diabetes by lowering a patient’s blood sugar levels – as more deaths are reported due to the drug’s usage.
What’s the buzz all about?
Although Byetta has been on the market since 2005 and is used by an estimated one million diabetics, serious side effects and deaths due to the drugs usage are just now being reported. The FDA’s latest warning to healthcare professionals was on August 18, 2008 where it reported that at least six deaths have been attributed to Byetta use after patients contracted pancreatitis.
Prior to that, the FDA notified healthcare professionals in October of 2007 that it believed a link between Byetta and pancreatitis might exist after it received 30 reports of patients contracting the disease, although no deaths were reported at that time.
Drug industry analysts are projecting that the FDA will likely force the manufacturers of the drug, Eli Lilly and Amylin, to include a black box warning on the drug – the most serious type available.
What is black box warning and what does it mean?
According to the FDA, “A black box warning is the most serious warning placed in the labeling of a prescription medication. Advertisements that serve to remind health care professionals of a product’s availability (so-called ‘reminder ads’) are not allowed for products with black box warnings.”
For consumers, a black box warning indicates that the FDA has established that serious risks are associated with the drug. For manufacturers, black box warnings equate to decreased sales as consumers switch to other medications where possible. Not surprisingly, both of the manufacturers in this situation are reporting that a black box warning is not needed.
If you’re taking Byetta and would like to discuss your situation with an attorney whose practice focuses in this area of law, please click here. Consultations are free, without obligation and are strictly confidential.

Read more for related video clips.

Continue reading “The Buzz about Byetta’s Black Box Warning”

I can’t make the payments due under my Chapter 13 bankruptcy plan. What can I do?

chapter repayment consumer bankruptcy

I can’t make the payments due under my Chapter 13 bankruptcy plan. What can I do?

On occasion, changed circumstances (e.g., divorce, unemployment, illness) will affect your ability to make plan payments. If you have been hit with hard times, notify your attorney immediately. If your problem is temporary, the trustee may give some leeway in meeting your payment commitment, such as reducing your payments or extending the repayment period. If it looks severe or long-lasting, the court may:

(1) modify the plan to deal with your changed circumstances; or

(2) discharge the rest of your debts on the basis of hardship; or

(3) convert to a Chapter 7 liquidation case; or

(4) dismiss your Chapter 13 case, which means you’ll owe what you owed before filing for Chapter 13, less any payments; or

(5) suspend payments.

(Reviewed 11.14.08)

Continue reading “I can’t make the payments due under my Chapter 13 bankruptcy plan. What can I do?”

Accutane Side Effects and Risks

Accutane Warning Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

Accutane Side Effects and Risks

Accutane, a synthetic form of vitamin A with the generic name isotretinoin, has been the subject of numerous warnings by both the FDA (Food and Drug Administration) and consumer advocacy groups.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
The FDA first required the manufacturer of Accutane to increase warnings about the danger of birth defects as a result of using Accutane in 1983.
In the August 12, 2005 announcement the FDA said it had also approved new warnings for risks of depression and psychiatric problems. The FDA had already issued a MedWatch warning on November 1, 2002 saying that “aggressive and/or violent behaviors have been added to the list of events that Accutane may cause.” The first warnings about possible psychiatric Accutane side effects were made in 1985.
More recently Accutane has been linked to incidents of severe pancreatitis and inflammatory bowel disease, sometimes requiring surgical removal of some organs. Current Accutane warnings include all of these conditions and side effects.
If you are thinking about using Accutane be sure talk to your health care provider about all the possible side effects and learn about possible symptoms of side effects so that you and your health care provider can monitor your health. If you or a loved one have been injured or a family member died as a result of taking Accutane, you may be able to recover damages. See Hiring An Accutane Attorney and Lawyer for information about finding someone to evaluate your case.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane, see Drug Overview: Accutane Side Effects and Claims.
For more information about Accutane side effects, see Accutane Side Effects – Inflammatory Bowel Disease, Suicide & Birth Defects .
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

Read more for related video clips.

Continue reading “Accutane Side Effects and Risks”

What is involved in the bankruptcy process?

involved process consumer bankruptcy

What is involved in the bankruptcy process?

Before you can file either Chapter 7 or 13, you must pass muster under a “means test”. The means test identifies those debtors who have the financial capacity to pay a significant portion of their bills to creditors. It involves comparing the debtor’s income to the median income of the state where the debtor is located. If the debtor’s income is higher, another set of calculations (based on ratios of debt to income) will identify whether he or she can file a Chapter 7 liquidation or Chapter 13 repayment case.

No matter where you are located, there is a bundle of paperwork requirements. A bankruptcy case begins with the filing of a petition and several forms with the bankruptcy court in your area. The forms contain lists of all your assets, debts, income, expenditures, as well as other personal background and financial information. In addition, you must file a certificate of credit counseling, tax returns (or transcripts) for the recent tax year; tax returns filed with the IRS while your bankruptcy case is open; copies of pay stubs or other proof of income received 60 days prior to filing; statement of currently monthly income and any reasonably anticipated changes in income or expenses after filing.

In a Chapter 7 (liquidation) case, the court will appoint a trustee to represent the interests of your creditors. A month or so after filing, you must attend a so-called “meeting of creditors” with the trustee to answer questions regarding your assets, debts, and so forth. Despite the name, creditors rarely attend these meetings. After the meeting, the trustee sells (“liquidates”) the property that can be taken from you, takes the cash and splits it among your creditors. At the end of liquidating your property, the court schedules a final hearing and discharges your debts. The effect of this is that you no longer legally owe your creditors and they are forbidden from trying to collect any unpaid percentage.

A Chapter 13 (wage earner) case begins by filing the same papers as under a Chapter 7. In addition, you must file a workable plan for repaying your debts with the bankruptcy court, which will approve the plan. You start sending payments directly to the chapter 13 trustee shortly after filing. The trustee then pays your creditors according to the terms of the court-approved plan. When you have repaid your creditors according to the plan, a court hearing will be held and you will be discharged. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect.

Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test.

(Reviewed 11.14.08)

Continue reading “What is involved in the bankruptcy process?”