Saturday, April 28, 2012

Automatic Stay in Chapter 7 Bankruptcy: What Is and Is Not Stopped

Found on www.prlog.org/ and brought to you by Lawyer Salinas

 

Apr 26, 2012 -
You may have a lot of questions about what happens after bankruptcy. Worries about lawsuits being filed to collect debt may plague you. Some of the more common bankruptcy questions pertain to unemployment benefits, utility services, foreclosures or evictions, loans, taxes, and child support.

To learn more about your rights and how the automatic stay may impact your bankruptcy case, you would benefit from speaking to an attorney who handles this area of the law. There may be Texas bankruptcy exemptions that you aren’t aware of.

Automatic Stay in a Chapter 7 Bankruptcy: What Is Stopped?

An automatic stay can help prevent others from bringing a lawsuit against you when filing for chapter 7 bankruptcy. There may be an attempt to collect payments owed.

Not everything can be stopped in an automatic stay; however, some of the more common emergencies that bankruptcy clients may experience are often stopped.

For instance, if you receive unemployment benefits and were overpaid, the automatic stay can prevent the collection of these funds. The only thing it can’t help with is if you are denied benefits or they are terminated because you are found to be ineligible.

Another emergency that is stopped under automatic stay is when you are facing a disconnection of utility services such as electric, gas, water, and telephone. An automatic stay generally prevents it from happening for at least 20 days.

If you face eviction or a foreclosure, the automatic stay can help. With an eviction, there is still the potential that you ultimately could lose. For instance, if there is already a judgment against you, it may not be stopped. On the other hand, you may be able to stop eviction proceedings for several days or weeks.

In a foreclosure, proceedings will be stopped temporarily. At some point you still could lose your house, but this at least buys you some time.

Finally, your automatic stay can help stop your wages from being garnished due to alimony and/or child support to restore your salary back to its full amount.

Automatic Stay in a Chapter 7 Bankruptcy: What Is Not Stopped?

There are some things that aren’t stopped in an automatic stay. For instance, if you have a loan from a pension, you may find those payments automatically taken from your wages.

Or if you owe taxes, a lien can still be placed against you. You may find your wages or property are eligible to be seized.

Other things that may not be stopped in an automatic stay include previous bankruptcy filings, monies owed from criminal proceedings, and lawsuits pertaining to alimony or child support.

Keep in mind that even with those things that are generally stopped in an automatic stay, creditors may be able to circumvent it. They can request that the stay be lifted, depending on the specific circumstances.

The best way to learn about your rights and how your debts are impacted by a chapter 7 bankruptcy is to seek legal counsel. An attorney, at Warren & Migliaccio, who handles these types of cases, can explain what happens after bankruptcy and answer common bankruptcy questions. Call 1-888-584-9614.


Visit us at: http://wmtxlaw.com/

Cost of Owning and Operating Vehicle in U.S. Increased 1.9 Percent According to AAA's 2012 'Your Driving Costs' Study

Found on www.marketwatch.com/ and brought to you by Car Repair Salinas

 

 

 

 

ORLANDO, Fla., April 27, 2012 /PRNewswire via COMTEX/ -- Increases in gas and tires drive up average costs for sedans to $8,946 yearly, 59.6 cents per mile; SUV costs up to $11,360 yearly, 75.7 cents per mile

AAA released the results of its annual 'Your Driving Costs' study today revealing a 1.9 percent rise in the yearly costs to own and operate a sedan in the U.S. The average costs rose 1.1 cents per mile to 59.6 cents per mile, or $8,946 per year, based upon 15,000 miles of annual driving.

"The average driving cost for 2012 is up due to relatively large increases in fuel and tire costs, and more moderate increases in other areas," said John Nielsen, AAA director of Automotive Engineering and Repair. "Those increases were offset by a decrease in depreciation resulting in an overall increase of 1.9 percent."

The findings of the 2012 'Your Driving Costs' study include:

Based on Driving 15,000 miles annually Small      Medium Sedan Large Sedan Sedan Average SUV 4WD    Minivan Sedan Cost Per Mile                          44.9 cents 58.5 cents   75.5 cents  59.6 cents    75.7 cents 63.4 cents Cost Per Year                          $6,735     $8,780       $11,324     $8,946        $11,360    $9,504

In-depth findings of this year's study, including a breakdown of specific costs by category of vehicle and various annual mileages, are contained in the 'Your Driving Costs' brochure which is available at select local AAA branch offices or may be downloaded at the AAA Newsroom.

"Some driving costs fluctuate at different times during the year, such as what we have experienced with fuel prices since the middle of February," explained Nielsen. "However, AAA's use of a consistent methodology for its study allows an accurate comparison of driving costs from year to year, and the figures can reliably be used to compare different categories of vehicles."

Nielsen continued, "AAA understands that high fuel prices are a real concern for consumers, and those in the market for a new vehicle may want to be cautious and determine projected operational costs based on varying levels of fuels costs. To assist consumers in determining their individual driving costs, the AAA 'Your Driving Costs' brochure contains a worksheet that can be filled out and personalized for a specific area, driver and vehicle.

Fuel Costs Up 14.8 PercentThe cost of fuel had the largest percentage increase from 2011 to 2012, rising 14.8 percent to 14.2 cents per mile on average for sedan owners. The average cost of regular grade fuel (used by most of the study vehicles) rose 16.6 percent, from $2.880 to $3.357 per gallon. Several vehicles included in the 'Your Driving Costs' study had increases in fuel economy, resulting in the overall average fuel cost increase being slightly less. The fuel costs in the 2012 study were calculated using the national average price for regular, unleaded gasoline during the fourth quarter of 2011.

Tire Costs Up 4.2 PercentThe cost of tires ranks second highest among the factors that rose from 2011 to 2012, increasing by 4.2 percent to one cent per mile on average for sedan owners. The rise in cost can be attributed to higher costs for natural rubber, and the increased cost of oil used in tire production and transportation from factory to distributors across the country. A collateral factor is a trend for manufactures to equip new cars with premium-grade tires rather than mid-grade tires.

Depreciation Drops 4.9 Percent Depreciation costs were up slightly in 2011, but for 2012 the trend has reversed with depreciation falling across the board by nearly five percent. This change may be a consequence of reduced new car sales over the past few years, which has resulted in a relative shortage of good used cars on the market, driving up their value. This is good news for those in the resale market as their vehicles will retain a greater portion of their purchase cost.

Maintenance Costs Up 0.7 PercentMaintenance costs are slightly higher in the 2012 'Your Driving Costs' study with an increase of 0.7 percent to 4.47 cents per mile on average for sedans. Factors contributing to the increase include higher prices for oil and more manufacturers now requiring synthetic or synthetic-blend motor oils. Although the use of these oils often comes with extended service intervals, the higher cost of the oil combined with increased maintenance operations at each service (which adds to the time required) can combine to increase overall vehicle maintenance costs.

Insurance Costs Up 3.4 PercentAverage insurance costs for sedans rose 3.4 percent (or $33) to $1001 yearly. Insurance rates vary widely by driver and driving record, issuing company and geographical region. AAA insurance cost estimates are based on a low-risk driver with a clean driving record. For 2012, this group saw a small increase that offset a decrease experienced in 2011. Quotes from five AAA clubs and insurance companies representing seven states showed across the board increases for all sedan sizes, with large cars having the biggest increase.

62nd Year of 'Your Driving Costs' StudyAAA has published 'Your Driving Costs' since 1950. That year, driving a car 10,000 miles per year cost 9 cents per mile, and gasoline sold for 27 cents per gallon.

Driving Costs are also affected by how well your vehicle runs. Performing regular maintenance not only ensures fuel-efficient operation but can help prevent costly vehicle repairs that can add to your total ownership cost. For more information on ways to keep your vehicle in top condition read the owner's manual and visit AAA.com for vehicle care information, automated maintenance reminders and repair facility locator tools.

The 'Your Driving Costs' study analyzes the cost to own and operate a vehicle in the U.S. Variable operating costs considered in the study include fuel, maintenance and tires. Fuel costs are based on $3.357 per gallon (average price of gas for October 2011-December 2011/AAA Fuel Gauge Report) and Environmental Protection Agency fuel-economy ratings weighted 60 percent city, 40 percent highway driving. Fixed ownership costs factored into the results include insurance, license and registration fees, taxes, depreciation and finance charges. These ownership costs are assumed to be on a purchase of a new vehicle, depreciated over five years. Finance charges are based on five year loan at six percent interest with a 10 percent down payment. Your actual operating costs may vary. Refer to page three of AAA's 2012 'Your Driving Costs' brochure for a list of vehicles and assumptions used in the study.

To conduct its study, AAA's auto buying and repair experts compiled detailed driving costs for small, medium, and large sedans. Driving costs in each category are based on the average costs for five top-selling models selected by AAA. By size category, they are:

Small Sedan - Chevrolet Cruze, Ford Focus, Honda Civic, Nissan Sentra and Toyota Corolla.

Medium Sedan - Chevrolet Impala, Ford Fusion, Honda Accord, Nissan Altima and Toyota Camry.

Large Sedan - Buick Lucerne, Chrysler 300, Ford Taurus, Nissan Maxima and Toyota Avalon.

Though not part of the AAA composite average, SUV and minivan information is also included in 'Your Driving Costs' to help buyers estimate operating costs for these types of vehicles. Selected models include:

SUVs - Chevrolet Traverse, Ford Explorer, Jeep Grand Cherokee, Nissan Pathfinder and Toyota 4Runner.

Minivans - Dodge Grand Caravan, Kia Sedona, Honda Odyssey, Nissan Quest and Toyota Sienna.

As North America's largest motoring and leisure travel organization, AAA provides more than 53 million members with travel, insurance, financial and automotive-related services. Since its founding in 1902, the not-for-profit, fully tax-paying AAA has been a leader and advocate for the safety and security of all travelers. AAA clubs can be visited on the Internet at AAA.com.

AAA news releases, high-resolution images, broadcast-quality video, fact sheets and podcasts are available on the AAA NewsRoom at newsroom.aaa.com.

Stay connected with AAA on the web via:

Twitter.com/AAAautoTwitter.com/AAAnewsYouTube.com/AAAFacebook.com/AAAfanpageFacebook.com/AutoSkills

 

SOURCE AAA

Copyright (C) 2012 PR Newswire. All rights reserved  

 

Saturday, April 7, 2012

Child Custody Issues: Tips For Being Civil With Your Ex after Divorce

Found on www.prlog.org/ and brought to you by Lawyer Salinas

 

Apr 05, 2012 -
If you're a parent, your divorce will have an impact on your child. Even if your divorce is a reasonably friendly one, there will be many changes happening in the family and home, particularly changes that come with Virginia child custody decisions. While life after divorce isn't always easy, you're not helpless to control the outcome.

Most parents feel anxious and guilty about the possible effects of their divorce on their children, and will do whatever it takes to help their kids adjust to this difficult time. One of the best steps you can take to minimize the negative effects of divorce on your kids is to try and remain civil with their father. While you and you ex-husband might have your issues, it's best to try and cooperate with him so that you can effectively parent your children together.

Life after Divorce: Tips For Managing Your Relationship With Your Ex

The following tips may help you better manage your relationship with your ex-husband.

•   As a parent getting back on track after divorce, watching your words will be one of your top priorities. Divorce can be an emotionally rocky experience that can bring out some highly charged feelings. It can sometimes be difficult not to rip into your ex or vent about him to your friends. The trick is to not do either of these things in front of your kids.

•   Your children need to feel valued and loved by both parents. They also need to know that it's OK for them to love both parents. Because of that, a parent shouldn't show jealousy or try to turn their kids against the other parent. This can sabotage your Virginia child custody plan as well as your relationships with your children.

•   It's also wise to limit the amount of information you give your children about the divorce. Even older kids are still kids, and it isn't fair to burden them with details of you and your ex's trials.

•   Focusing on the positive can be a vital part of helping your family get through divorce and adjusting to Virginia child custody arrangements. Everyone has positive attributes so try to focus attention on the things that make each family member special and unique.

•   It's best to form an amicable relationship with your ex as soon as possible. While the emotional healing following the divorce won't likely be immediate, your effort to be civil should. This will help you and your kids avoid the drama and stress of arguments, anxiety and division in the family.

•   While you should do what you can to be a good co-parent after divorce, you should remember to take good care of yourself and your own emotional needs as well. Your ex might not always be cooperative with you despite your efforts to reach out to him. When this happens, it's his mistake and not yours. Don't stress out over what you can't change.

Try and keep the wellbeing of your children in mind. Remember your goals and hopes for your kids and let those aspirations guide you to make the right decisions. If necessary, seek family counseling to help you, your children and your ex (if he chooses to participate)

adjust to the new living arrangements and move on to a full life after divorce.

Contacting a Virginia Child Custody Attorney

At Hofheimer/Ferrebee, we understand that the health and happiness of your children is your #1 concern. We will work with you to address any fears and anxieties you may have about your children’s future. Our women’s-only divorce attorneys will guide you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children.

To learn more about your Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.

Find us at: http://www.virginiadivorceattorney.com/reports/what-ever ... and http://www.monthlydivorceseminars.com/


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The attorneys of Hofheimer/Ferrebee P. C., have met with, counseled and successfully represented thousands of women in their divorces.