Get the Benefits You Deserve: How to Apply for Social Security Disability – Guest Post

  

Social Security Disability

For those who cannot work due to a disability, Social Security Disability Insurance (SSDI) may provide financial assistance. Even though SSDI is a government benefit program, it requires an application and approval process. This article will help explain how to apply for SSDI benefits and what you can do if your application is denied.

The Application Process

To apply for SSDI benefits, you first need to complete the appropriate forms that are available on the Social Security Administration (SSA) website. The form will ask for basic information about you and your disability, along with documentation from your doctor or other health care provider verifying your disability. Additional documentation may be required depending on individual circumstances. Once all of the necessary paperwork has been submitted, it typically takes up to three months for a decision to be made on your application.

Appealing a Denial

Unfortunately, applications are often denied due to lack of sufficient evidence or incomplete paperwork. If you have been denied benefits, there is an appeal process that can be used in order to get the benefits you deserve. The appeal must be filed within 60 days of receiving notice of denial; if it is not filed within this timeframe, then you must start the entire application process over again. During the appeals process, medical records and other documents may be requested as proof of disability before a decision is made by an administrative law judge.

Seeking Professional Help

Navigating through the application and appeals process can be confusing and difficult without professional help from someone who understands the ins and outs of SSDI claims. An experienced attorney or advocate can provide valuable assistance by helping prepare all necessary paperwork and providing support throughout the entire process—from filing initial applications all the way through appealing denials if needed. In some cases, they may even expedite payments so that those in need receive their benefits faster than waiting on SSA timelines alone.

Securing Social Security Disability (SSDI) benefits can seem like a daunting task; however, with proper preparation and understanding of how to file an application as well as what to do if it’s denied, individuals in need of financial assistance due to disability can get the benefits they deserve faster than ever before with help from legal professionals specializing in these types of cases. With their help, disabled individuals can get back on their feet financially sooner rather than later while ensuring they receive all of their entitled benefits under SSDI law.

What to Do if You Can’t Pay Child Support – Guest Post

  

Can’t Pay Child Support

No matter how hard you work, sometimes life gets in the way and you can’t make your child support payments on time. If this happens to you, it’s important to take action immediately to avoid any legal consequences. Here’s what to do if you can’t pay child support.

Communicate With Your Child Support Office

If you’re struggling to make your child support payments, the first thing you should do is reach out to your state’s child support enforcement office. They may be able to work with you to establish a new payment plan that better suits your current financial situation. In some cases, they may even be able to lower your monthly payments temporarily. However, it’s important to remember that this is only an option if you proactively reach out; if you simply stop making payments without explanation, you could face serious legal repercussions.

Get Current on Payments as Soon as Possible

Even if you can’t afford your full child support payments, it’s important to try and stay current on what you do owe. Every state has different regulations regarding child support, but in most cases, falling behind on payments can result in wage garnishment, seizure of assets, or even jail time. If you’re facing financial hardship, your first step should always be to reach out to the child support office so they’re aware of your situation; this ensures that you won’t be caught off guard if they do take legal action against you.

Seek Professional Help

If you’re struggling to make ends meet and don’t see a way to afford your child support payments, it may be time to seek professional help. A financial advisor can help you create a budget and determine what expenses are non-negotiable so that you can free up some extra cash each month. In some cases, they may even be able to negotiate with your child support office on your behalf. No matter what route you decide to go, taking action sooner rather than later is always in your best interest—both financially and legally. Additionally, you might need to reach out to a family lawyer. Family lawyers can help you navigate the court system, should you need to appear for a ruling.

If you find yourself in a situation where you can’t pay child support, it’s important to take action immediately in order to avoid any legal repercussions. The first step is always to reach out to the child support office and explain your situation; they may be able to work with you to create a new payment plan. Remember that it’s also crucial to stay current on payments as much as possible; falling behind could have serious legal consequences. Finally, if you’re truly struggling to make ends meet, seek professional help so that they can assist you in creating a budget and determine what expenses are non-negotiable. Taking these steps will help ensure that you can maintain compliance with your child support obligations—no matter what life throws your way.

What To Do if You’re Injured in a Trucking Accident – Guest Post

  

Injured in a Trucking Accident

While it is not pleasant to think about, being involved in a trucking accident can change your life. Unlike typical vehicle accidents, those involving trucks can end up creating more catastrophic damage. If you have recently been involved in a trucking accident, there are some key steps down below that you will want to take or keep in mind while going forward.

Get Medical Assistance

In the aftermath of a trucking accident, it is imperative that you seek medical assistance if you are injured. It is not recommended to wait until later, as this could harm your case. You could also miss any possible unnoticeable injuries, only making the situation worse. You want to have documented records that you went to a medical professional and received a diagnosis of your injuries sustained from the collision.

Contact the Police

Another important step that you will want to take is to contact the police. This will allow them to not only keep you safe from the surrounding traffic, but they will produce an accident report. This report will include information for you and the other parties involved as well as any evidence that they see at the time of their report that indicates a fault. This will also come in handy if you happen to decide to go the legal route.

Get Witness Information and Statements

Witnesses can be a big component of any trucking accident case. It is best to gather witness information and any statements at the time of the accident. You will want to pass this information on quickly to a local law firm like Nelson Law, LLC. The sooner they will be able to contact these witnesses, the sooner they can document formal statements to assist in your case.

Document the Scene

If possible, you will want to document the scene or contact someone to do so for you. This includes taking pictures of the accident, both vehicles, and the surrounding area. Pay particular attention to any obstacles that were involved in the accident. Document the truck’s condition, company name, DOT number, and license plate number. The more documentation that you gather at the scene, the more your lawyer will have to construct your case with.

Contact an Experienced Lawyer

Due to the catastrophic nature of trucking accidents, you do not want to undergo insurance and compensation claims on your own. Rather, you want to hire an experienced personal injury attorney. You want to find one that regularly handles trucking accident cases, as they will possess the most knowledge about this type of litigation. A good lawyer will be able to collect evidence and deal with the insurance company for you. This is why it is very important to be honest with your lawyer so that they can build a solid case.

Being involved in a trucking accident can be a terrifying experience for anyone. When you are injured as a result, it is imperative that you follow the steps above to ensure your best chance of adequate compensation for the incident.

WHEN TO TAKE LEGAL ACTION AGAINST A CLIENT – Guest Post

   

LEGAL ACTION AGAINST A CLIENT

Much attention is paid to strategies for keeping businesses out of litigation issues, but what happens when it might be time for a business to be the party that initiates legal action?

In any business, client relationships can break down; sometimes, through no fault of its own, a business is not correctly compensated for the work they have supplied and must consider how far it will go to rectify the issue. Bad payers are a problem most companies will face from time to time, and knowing what steps to take can make the ordeal a little easier to manage.

Some clients simply stop paying and communicating, which can be particularly stressful, especially if there’s a large amount owing and the work must be halted. Other times, vendors fail to provide the service or product a business has paid them for, and they, too, can become elusive and difficult to communicate with.

Taking legal action is the last resort, but sometimes there is no alternative; of course, it’s a matter of weighing up the financial pros and cons, but it’s also important to understand at what stage litigation becomes an appropriate option.

Here are the steps to take on the road to taking legal action against a client.

CAREFULLY REVIEW THE CONTRACT

Before you make any moves, it’s imperative that you carefully review the contract agreed between you and the client to ensure that you accurately represent both your and the other party’s responsibilities to the other.

In reviewing the contract, you can be absolutely sure that you have fulfilled your agreed obligations before reaching out to address their failure to do the same. It can be helpful to make a list as you go through the contract and record everything that has and/or has not been fulfilled.

If there is no one ‘contractual document’ to refer to, remember that any written records of agreements (such as emails) regarding expectations, prices, timeframes, etc., can also be used in lieu of an official contract. Of course, having a legal contract in place is ideal, but a chain of (email) correspondence is still useful.

ATTEMPT TO RESOLVE THE SITUATION DIRECTLY

When taking legal action, it’s essential to be able to clearly demonstrate that you have attempted to resolve the matter amicably (and a generous serving of good grace goes a long way, too).

When you reach out in an attempt to resolve the situation amicably, you are demonstrating good faith and reasonable intent should a court ever review the case. In the best-case scenario, however, your attempt to reach out directly will bring the matter to a satisfactory close without the need to take it to court.

Finding out why the client is refusing to pay can provide invaluable information that can help you to solve the issue amicably. Perhaps they are suffering unexpected financial hardship, and an agreeable payment plan can be established, or maybe they are unhappy with your work, and their complaints are rectifiable.

Reach out respectfully – always in writing to maintain a clearly documented trail of correspondence – and demonstrate your willingness to be mutually reasonable. You may be surprised to discover that the issue is more easily fixed than you thought. Otherwise, it’s time to take the next step.

ISSUE A FINAL DEMAND

If no reasonable solution can be reached and the client continues to refuse payment, the next step is to have your lawyer send them a demand letter. A demand letter (also known as a formal or final demand) is a letter issuing a final warning of your intent to begin legal proceedings. A demand letter is often the first thing a judge will want to see that you have issued should you file a formal legal complaint.

A demand letter should clearly outline the amount owed, the date the payment was due to be paid, and advise of the legal action you intend to take if they continue to refuse to pay. Sometimes, a strongly worded demand letter highlighting the intent to initiate legal action is all it takes for a bad payer to cough up or commit to a payment plan to avoid court proceedings.

SUE VIA SMALL CLAIMS COURT

If the final demand letter proves fruitless, it’s time to consider suing the client in small claims court. The maximum amount that you can sue for differs between states; in Kansas, it’s $4,000, while in Missouri, the maximum is $5,000. Small claims courts are designed to facilitate quick and easy resolutions to relatively small disputes, avoiding the greater costs and time it takes to pursue legal matters in civil court. It may not be necessary to engage an attorney for a small claims matter, and verdicts are typically quickly returned after the hearing.

SUE VIA CIVIL COURT

It isn’t common to see a debt-related case handled via civil court, as the costs and risks of going to trial are usually enough of a deterrent to both parties. Nevertheless, the amount owing and the nature of the dispute may call for a County or District Court to solve. If the dispute goes this far, it will be necessary to engage with an attorney to help navigate the complexities of civil case procedures and ensure the best possible outcome.

THE BOTTOM LINE

Legal action should always be considered the last resort for obvious reasons. The time, cost, and stress involved in taking legal action should be avoided if possible, and no matter how watertight you’re sure your case is, the process of going to court can dish up some surprising turns that can prove it to be far less clear-cut than anticipated.

That said, if you have no choice but to pursue legal action, investing in expert advice from legal professionals can save you a great deal of time and money in the long run.

5 Reasons To Hire A Lawyer For Criminal Defense – Guest Post

  

Hire A Lawyer For Criminal Defense

When you face criminal charges, you need to be sure you are doing all you can to protect yourself and your future. One of the biggest mistakes you could make is neglecting to seek legal counsel. Here are five reasons why you shouldn’t go it alone, even if your charges are “minor”, and why hiring a criminal defense attorney is necessary when facing criminal charges.

  1. They Know The Local Judicial System 

One of the most important reasons to hire an attorney is that they know how the process works. Attorneys have been to court countless times, have navigated and studied the law, and understand how to build a solid defense. Representing yourself could put you at risk of an unfair result due to a lack of understanding of the process and what’s required. And, as important as knowing the system, they know the local players and the playing field. Individual courthouses are often their own little kingdoms and each handles matters somewhat differently. Also, prosecutors are individuals. They have patterns in how they handle cases and it’s vital to have knowledge of the individual courthouse and prosecutor.

  1. They Have Had Similar Cases

You could hire any attorney to handle your case, but only when you choose a criminal defense attorney can you be sure that the attorney you choose has dealt with cases similar to yours in the past. An experienced attorney has walked this road before with others, and they can guide you through the process with knowledge and understanding of how to get the best possible outcome.

  1. You May Save Money

Yes, attorneys cost money, but when you hire an attorney with the right knowledge to handle your specific type of case, you usually end up saving money. Not only do you position yourself for the best possible scenario for your case, but you may also avoid months of delays and unintended consequences due to an inexperienced legal team, or you’re handling your case as a layperson. If you are able to get a favorable result, you may be able to keep your job, minimize the impact of any record on your future, especially jobs and housing, and protect your assets. This is possible with the right legal representation.

  1. They Arm You With Knowledge 

Going to court for a criminal case can bring up intense emotions. Your criminal defense attorney can help you manage those emotions by providing education about what to expect and what you can do to position yourself for the best outcome. When you know the realities of the legal system and the court process, and you have an experienced hand guiding you to navigate the system, you will be less likely to give in to these challenging emotions and make an error in judgment that could make things worse both in court and outside of court. You will know what you can do to minimize the impact of the case on your life, and you will have more peace of mind as a result.

  1. You Have Access To More Resources

Building a criminal defense involves properly investigating the evidence, reviewing documents, speaking to witnesses, and sometimes the work of experts, to piece together what really happened and what accusations can be proven. Your legal team knows who to turn to investigate and analyze evidence, and they have the knowledge to determine the best way to defend you against the charges. They can also guide you as to whether or not you should plea bargain for the best possible outcome or take the case to trial. These resources and analysis help find the best way forward in a case like yours, and you will simply not have the same guidance without a criminal defense attorney.

When criminal accusations are brought against you, you need the right help to keep those charges from turning your life upside down. Heading into court to face criminal charges alone, or with an inexperienced attorney, puts you at a significant disadvantage. An experienced, skilled criminal defense attorney will help you get the best possible outcome during one of the most difficult times in your life.

What Are the Legal Protections for Nurses – Guest Post

  

Legal Protections for Nurses

Nursing is a revered profession in which most workers are perceived as being trustworthy. Despite this, some nurses do get into legal trouble on occasion either due to their own fault or, as is more often the case, due to patients or family members who are unhappy with their medical care. While more laws could certainly be put into place federally as well as at the state level to further protect nurses from legal concerns, some protections are already in place.

The Nurses’ Bill of Rights

The Nurses’ Bill of Rights (NPA) has been put into place by the American Nurses Association and contains seven rights that all nurses have while working. While the NPA is not technically law, some laws have been created by states as well as the federal government to protect certain rights. The NPA exists to show the type of environment and work situations required for nurses to practice safely and effectively both for themselves as well as their patients.

Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)

One specific law, which is currently only accepted by fewer than half the states, is the Uniform Emergency Volunteer Health Practitioners Act. This act protects nurses who are providing emergency medical services across state lines. This is a good faith act that allows nurses to practice without approval from a specific state’s Board of Nursing in emergency situations.

Nurse Practice Acts (NPA)

In addition, each state has a Nurse Practice Act, which specifies what types of environments are appropriate for nurses. For example, nurses must practice in environments that allow them to follow their professional standards, provide ethical care, and remain safe. A nurse license defense attorney can help nurses navigate difficult environmental situations when employers refuse to make appropriate changes.

National Labor Relations Act

According to the Nurses’ Bill of Rights, nurses have the right to negotiate with their employers in regard to their jobs. Whether nurses are part of a union or not, the National Labor Relations Act protects these workers as they negotiate pay, benefits, and other important subjects. Both unions and employers are forbidden from interfering with each other or with employees on these matters.

Besides these specific laws, nurses are also protected by the policies of their workplaces as well as by the state Board of Nursing. This is why it is vital to regularly read through these policies and understand what they both require and protect. However, keep in mind that there will be times when one must work with a defense attorney to refute lawsuits or other false claims.

Don’t Get Taken for a Ride: What To Do if You Believe You’ve Bought a Lemon – Guest Post

  

Don’t Get Taken for a Ride

Throughout life, you are going to be buying many items. One common purchase for most to make is a vehicle. Unfortunately, sometimes you may be sold a lemon that does not perform as it should. Knowing how to address this problem can make all of the difference in how you financially recoup from the expenditure. Down below we will give you some tips on what to do if you have been sold a faulty vehicle.

Identifying a Lemon

By common definition, a lemon is a tangible item that has a persistent defect that significantly impairs its use, safety, or value. A lemon can be any product that you purchase. However, most individuals end up with a vehicle that is coined to be a lemon. According to the Lemon Law, after a reasonable number of attempts for it trying to be saved to be a functioning vehicle, the warrantor of the vehicle must allow the consumer to get a full refund or replacement free of charge.

Hire an Attorney

If you are dealing with a lemon vehicle, one of the best things that you can do is talk with a defective product law office. They can assist you in determining what you need to do to receive a replacement or refund. Attorneys know both federal and state laws regarding lemon products and will be better able to assist you in building up a case to rule in your favor. If you give them all the information they request they will be able to best help you in the long run.

Keep Track of Service Records

Because the warrantor must have been given multiple attempts to fix the defect before a vehicle is deemed a lemon, it is imperative that you keep track of service records. You need to show proof that you have had this persisting defect and that your warranty center attempted to fix the problem on multiple occasions to no avail. It is highly recommended that you keep the records of these fixes on either a notepad or keep all the billing information in a secure place.

File a Claim With the Automaker or Dealer

The next thing that you will need to do if you were sold a lemon is to file a claim with the automaker or the dealership that sold it to you. This should include the reasons behind your claim and any evidence that you have about it. Typically, it is easiest to have your attorney draw up and send the claim as they are more familiar with what exactly needs to be included to get real results for your situation.

Unfortunately, no matter how much you try to avoid doing so, you may end up buying a lemon vehicle. When this happens, it can be extremely frustrating and overwhelming to deal with alone. Fortunately, by following the four steps that we addressed above, you can successfully work toward getting a full refund or replacement for your lemon with very much ease than a headache.

7 Best DUI Law In Louisville – Guest Post

  

DUI Law In Louisville

Do you want to know about the DUI law in Louisville? If yes, then you must follow the guidelines of this complete article to get the correct insight into it. Drinking and driving is a serious offense in any country of the world.

Different states and different countries have different types of penalty rules regarding it. You need to know and undergo the rules of the state, which can help you to meet your objectives with ease.

Louisville DUI attorney can guide you in this regard with ease. You need to know the facts well before making your choices in the correct end. You must not make things work in the erroneous direction while meeting your objectives.

Best DUI Laws In Louisville

There are several best DUI laws in Louisville that you must know at your end if you want to reach your objectives with ease. You need to know the facts well before you get trapped in the eyes of the law in Louisville.

1. Under 21 Years Of Age

Drivers who are below the age of 21 years of age are deemed to be considered as less under the influence of 0.20 breath of blood in the alcohol level. You need to know the facts well to meet your objectives with ease.

Once you are under the age bracket of it, then the severity of the punishment is also less. But your license for driving the car will be canceled by the authorities forever. You must stay careful of this fact while you drive under the influence of DUI.

Read Also: Can Lawyers Have Tattoos On Their Hands?

2. Overspeeding   

Overspeeding is another serious crime under the DUI law in Louisville. If the driver Overspeed the car beyond the 30mph speed limit, then they will be punished for this crime.

The first punishment is they have to pay a $200 – 500 fine, and in extreme cases, they may be sent to jail for 2-30 days. You can contact a general practice law firm in this regard. You must not evade the law of the state.

It can result in harsh consequences in your life. You need to know the facts well before making your choices appropriately. Figure out things that can boost your chances of meeting the DUI law rules with ease.

3. Limited Access Highway 

You may have this question in your mind is it illegal to have underglow on your car? The wrong way of driving on the limited access highway can make things more complicated for you. If you enter the no-entry zone without permission, then things can turn worse for you.

You have to undergo 90-day Alcohol or substance abuse program. You must consider these facts at your end while meeting your target with ease. Ensure that the scope of errors must be as less as possible.

4. Death Due To Serious Injury   

Death of the victim under the influence of DUI and serious physical injury is one of the serious consequences of DUI victims for which they have to bear the heavy penalty. If the convict is found with an alcohol level of 0.18 within 2 hours, then they will be charged severely for this case.

You may be sentenced to Jail for 30-120 days and 12-18 months of license suspension of your car. You need to know the facts well before making your choices currently. You must not make things more complicated for yourself.

5. Level Of Alchohol In The Body   

If the level of alcohol is more in your body is beyond 0.18, and it has resulted in a severe car accident, then things can turn worse for you. You may have to spend 48 hours to 30 days in community labor.

On the otherhand, if you are proven guilty, then you may be sentenced to jail for 5 years, and you have to pay full compensation to the victim and the victim’s family for the loss suffered.

6. Refusal To Submit Testing  

In some cases, the convict refuses to submit the testing report of the alcohol consumption. In such a scenario, also they may be taken into immediate custody for not cooperating with the law.

You have to understand the reality before making your choices in the right end. Ensure that the scope of errors is less. The more you can think positively in this regard, the better you can achieve your objectives.

7. Transporting Passengers In Underage

Now, if your age is below 12 years and you are transporting passengers from one place to another, then the guardian of the driver will be held responsible for it.

Now, if you are a recognized lawyer and want to know can lawyer have hand tattoos, then you do not need to worry about it. There is no problem with it.

Final Take Away

Hence, if you want to avoid heavy penalties in Louisville, then you must seek the assistance of the best lawyer who can help you to meet your objectives with ease. Try to figure out the perfect solution that can make things work well in your favor.

You can share your comments, views, and opinions in the comment box to meet your objectives with ease. Try to figure out things that can boost the chances of proving your point in court. You must avoid making things too complicated.

Now, if the severity of your case is less, you can seek the help of a general practice law firm to meet your requirements with ease.

AUTHOR BIO:

Miranda Shaffer is a passionate blogger. She loves to share her thoughts, ideas, and experiences with the world through blogging. Miranda Shaffer is associated with Global Magazine, 7 Best Things, Lawyers Note, Idream Agency, Okey Magazine, Small Business Journals, Money Outlined, Top Preference, Big Jar News, Get Me Seen, Global Business Diary, Universal Australia, Uae Universe.

How to Become a Legal Guardian – Guest Post

   

Become a Legal Guardian

If you want to become the primary caretaker of a minor or an adult who isn’t able to care for themselves, you can go through the legal process that’s necessary to become a legal guardian. There are some differences in the process of establishing guardianship over a minor versus an adult, but each type of guardianship involves some common steps that you should know.

Submit the Required Forms

You’ll need to fill out and submit specific forms to start the legal process of becoming a guardian. These forms will likely be available for download on the state judicial branch website. A petition to become a guardian along with a form that specifies your understanding of the responsibilities of being a guardian should be signed and submitted to a local courthouse. You’ll also need to fill out a notice of hearing form to schedule a court date so that a judge can decide if you’re a suitable guardian.

Prove That the Person Needs a Guardian

For a minor child, it’s usually easy to prove that they need guardianship if their parents have died or are proven to be unsuitable caretakers, but proving that an adult needs guardianship can sometimes be more challenging. For an adult, you may need to keep records of observable behaviors within the past few months to demonstrate that the person isn’t capable of self-care. Medical records and statements from other professionals can also help prove that an adult needs guardianship. A guardianship attorney can help you collect any proof that you need to support your claim.

Attend the Court Hearing

After the required forms have been submitted, you’ll be given a court date if these forms have been approved. During your hearing, you should be prepared to answer questions about your capabilities of being a guardian. The child or adult who needs guardianship may be present, and the judge will likely call on the individual to provide testimony if they’re able. For guardianship of a child, you should be prepared to bring the child’s birth certificate and the parent’s death certificates (if applicable). If you’re requesting guardianship for a child who’s over the age of 14, the child’s preference for who should be their guardian will also be taken into consideration by the judge.

By following the proper protocol to establish guardianship, you can avoid certain setbacks that may delay the process. Your lawyer can tell you more about what you’ll need to do to become a legal guardian and attend your court hearing to assist you.

What are the consequences of filing for bankruptcy – Guest Post

   

consequences of filing for bankruptcy

If you or your business is in debt, you’ve probably been weighing up your options to find a solution.

There are a number of options out there, including bankruptcy. Declaring yourself bankrupt may be a way to be released from certain debts, however, there are a number of consequences which may affect you, and these consequences could affect you for quite some time.

So, if you find yourself drowning in debt, before you make any major decisions, it’s important you understand the consequences of making the decision to declare bankruptcy.

In this piece, we’re going to discuss what bankruptcy is, what actually happens when you declare bankruptcy and what the consequences of bankruptcy.

What is bankruptcy?

Bankruptcy, also referred to as declaring bankruptcy is a process where a person is legally declared as being unable to pay their debts. The individuals who are declared bankrupt give up their assets and the rights to control their own finances.

How does someone become bankrupt?

Bankruptcy can happen either by voluntarily entering into bankruptcy or by receiving a bankruptcy notice and proceedings.

When you cannot pay your debts, you can choose to become bankrupt voluntarily. This type of bankruptcy is referred to as a debtor’s petition and you must be insolvent, where you are unable to pay your debts when they are due. To voluntarily enter into bankruptcy you need to complete a bankruptcy application form which will be assessed by the Australian Financial Security Authority. If the application is approved, then a trustee is appointed to manage your debts and finances.

If you receive a bankruptcy notice, this means that your creditors – the people you owe money – have decided to take action against you. Your creditors can issue a bankruptcy notice against you if they believe that you are unable to pay your debts. If you do not respond to the bankruptcy notice, the creditors are able to commence proceedings, which includes issuing a bankruptcy petition to the court. Similar to when you enter into bankruptcy voluntarily, if a court sides with the creditors, then an order may be made where a trustee will be appointed to manage your debts and finances.

Are there any benefits to declaring bankruptcy?

Bankruptcy is often seen as a negative, and while there are serious consequences that must be taken into account, there are also some benefits of bankruptcy too.

The first major benefit is that you are released from most kinds of debt, which can remove a portion of stress from your life and provide you with an opportunity to be able to start afresh. Being released from these debts usually means that you’ll no longer face creditors chasing you for their money. Depending on the level of debt that you’re in, you could experience harassment from creditors.

You also avoid further legal proceedings in most instances. If legal proceedings have commenced, then these will continue through your trustee.

What are the consequences of becoming bankrupt?

There are a number of consequences to declaring or becoming bankrupt. Some of these are longer lasting than others. These can impact various areas of your life and include:

Types of debts you can be released from

While being declared bankrupt does release you from most debts, there are exceptions to this. If you have any penalties or fines imposed by a court, you will be required to pay them. If you pay child support or spousal maintenance, you will likely still be required to make these payments. You aren’t released from HECS or Fee-Help debts, nor unliquidated debts. When you’re working through the bankruptcy process, it’s a good idea to work with an experienced bankruptcy lawyer who can provide clarity over the types of debts that you may be released from.

Employment

Being declared bankrupt can mean that if you work in a job where you are earning over a certain threshold, you may have money deducted from your wage.

When it comes to your employment, you may face restrictions on the types of industries you can work in. And you can be restricted in the types of roles you can work in as well. For example, you will likely be restricted from being able to be a company director. This restriction could be temporary or permanent.

Starting your own business and running it yourself can be put in jeopardy if you are declared bankrupt.

Travel Restrictions

You may not be able to travel internationally if you are declared bankrupt. Usually, a person who has been declared bankrupt needs the permission of the trustee to be able to travel overseas. It is considered a crime to do so without this permission.

Access to Credit in the Future

Your ability to borrow money from creditors may be inhibited as you will be required to disclose your recent financial history to lenders. You may be further restricted in the amount that you can borrow from creditors as well.

Should you declare bankruptcy?

Whether you should declare bankruptcy or not is not a decision to be taken lightly. Declaring bankruptcy has serious consequences, however, it can also offer significant release.

Before making any decision about your financial future, it’s important to understand the consequences and all of your options. This is where the help of an experienced bankruptcy lawyer can help you.

Their expertise allows them to assess your unique circumstances and provide you with your various options so you can make an informed decision about your future.

Don’t make any rash decisions when it comes to your finances and your future, seek legal advice today.