Articles Archive

Acquiring Additional Student Loans While in Chapter 13

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



Federal Bankruptcy Law contains a section, 525c.  This section prohibits any government agency from denying a person a government sponsored loan based solely on having filed for bankruptcy.  All of the other reasons that can be applied to such a loan and cause it to be denied are in good shape.  So, a federally sponsored […]

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Activities and Events that Occur at a Pretrial Hearing

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



After a person is arrested and or charged with some particular illegal activity, a pretrial hearing is often scheduled.  A pretrial hearing is a session with the judge that occurs before trial.  There is any number of reasons for a pretrial hearing.   The pretrial hearing is an accused person’s last court appearance for a criminal […]

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ADA Bathroom Sink Height Requirements

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



The United States government has established guidelines and requirements for bathroom facilities in order to protect the rights of the disabled. Imagine if you were in a wheelchair and needed to use a sink that was difficult to reach. What are the ADA Bathroom Sink Height Requirements to make sure facilities are disabled-friendly? History of […]

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Adding A Name To A Property Deed

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



<p>A deed is a legal document by which real property is owned, sold and transferred. Once recorded in a local municipal clerk’s office, a property deed is proof that the person named in owns the land described in the deed and all of the buildings attached to it.</p> <p>A new deed must be prepared, executed […]

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Adjustment of Status for K-1 Visa Holders

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



Marriage-based immigration to the United States is often mentioned as being the most straightforward method for foreign-born fiances and fiancees to become legal residents and later naturalized citizens. When compared to other types of immigrants, it is generally correct to assume that getting a K-1 visa to enter the U.S. as a fiance or fiancee […]

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Advising Clients with Outstanding Arrest Warrants

Written and Fact Checked by The Law Dictionary Staff  



The circumstances surrounding most situations in which an individual is taken into custody typically do not provide either the time or opportunity for police or law enforcement officers to obtain an arrest warrant. Therefore, attorneys might not be familiar with the proper advice to give to clients who have outstanding arrest warrants pending against them.  […]

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After A Bankruptcy Discharge: Improving One’s Credit History

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



Setting the Stage:  The aftermath of a Chapter 7 discharge on a debtor’s respective credit scores is that a debtor will see a 100 to 200 point drop in each of the “big 3” credit score bureaus.  To get the actual bottom line (poor pun) on this, the experts and people with experience say to […]

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After Filing Chapter 7 Bankruptcy, Do I Have to Sign a Reaffirmation Agreement?

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



The short answer is no, you do not have to sign a reaffirmation agreement for any of your debts. It is completely up to you if you want to reaffirm a debt. The main reason for signing a reaffirmation agreement is if you want to keep a secured asset such as a car or home. […]

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After Filing for Bankruptcy Can You Keep Your Checking Account?

Written by Aurora F. and Fact Checked by The Law Dictionary Staff  



Yes … if the bank holding the account allows it. When a person files for bankruptcy, depending on the type of bankruptcy filed, all loan and credit collections must stop. All bank accounts and assets must be identified by the debtor to a court appointed trustee (chapter 7) or court official / judge (chapter 13) […]

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After foreclosure Can the 2nd Mortgage Holder Come After me for the Balance (Colorado)?

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



First, seriously consider hiring a lawyer who knows the foreclosure and multi-mortgage law in the state of Colorado (or, your particular state). Each state varies in some way. Next, in a foreclosure, the holder of the first mortgage gets paid off first (of course), then, if any money from the foreclosure sale is left, it […]

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Am I a 1099 Employee or Is My Boss Doing Something Illegal?

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



The American tax code confers numerous benefits and protections on full-time employees. For instance, full-timers are not responsible for withholding their own taxes or determining the value of their financial obligations to Social Security and Medicare. In addition, full-time employees are generally eligible to receive employer-sponsored health insurance, retirement accounts, life insurance and other fringe […]

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Am I Able to Write Off Health Insurance Premiums for Tax Purposes at the End of the Year?

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



If you're like most American taxpayers, your health insurance premiums represent an enormous "overhead" expense. For many years, the cost of healthcare and health insurance has risen faster than the overall rate of inflation. Meanwhile, the recent passage of the Affordable Care Act has added a new layer of uncertainty to the healthcare market. Many […]

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Annulment Requirements In Texas

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



<p>There are only three ways in which a marriage may end in Texas: Death of one of the spouses, divorce or annulment. The primary difference between a divorce and an annulment is that the law treats parties to a divorce as having been legally married to each other. An annulment terminates the marriage because of […]

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Answering a Summons from a Credit Card Company

Written by S. Arteta and Fact Checked by The Law Dictionary Staff  



Summons are sent by a credit card company or by a collection agency hired by the company for the purpose of collecting outstanding credits. The worse effect of failure to answer to the summons is that the property of the respondent credit card holder may be garnished. This lien equally applies to the wages and […]

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Applying For A California Assistance Dog Tag

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



Service dogs make it possible for people with disabilities to complete the daily tasks of living. In California, it is required for service animals to have an Assistance Dog Tag. Acquiring a tag is a simple process, and doing so ensures that the service animal will be able to accompany their human companion wherever they […]

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Applying For Dual Citizenship In The Philippines

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



According to the Citizenship Retention and Reacquisition Act of 2003, any natural-born Philippine citizen who has become a naturalized citizen of another country may become a dual citizen of both the Philippines and their new country of origin. The process of re-acquiring or retaining citizenship is relatively straightforward. It involves standing before a Philippine Consular […]

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Applying For OCI (Overseas Citizenship Of India)

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



The Indian Diaspora has spread to all corners of the world. Many Persons of Indian Origin (PIO) would like a deeper connection to their homeland even when they have citizenship from other countries. The Indian government has created the Overseas Citizenship of India (OCI) to confer certain citizenship benefits to those of Indian descent living […]

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Are Life Insurance Benefits Taxable?

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



Simply stated, single lump-sum death benefits received from a life insurance policy that was not owned by the deceased is not taxable. One spouse can own a policy that bequeaths death benefits to the surviving spouse without the funds being taxable; but, this is not the case if the named beneficiary is not a surviving […]

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Are the fees I paid my bankruptcy lawyer and trustee tax deductible?

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  



Basic Information Bankruptcy fees paid to lawyers and trustees can be either a tax deduction or not and it will depend on the type of bankruptcy filed, Chapter 7 or 13, and on the items included in the petition. In order to take any bankruptcy expense as a deductible item on your taxes, you will […]

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Are There Any Car Insurance Companies That Only Ask for 3 Years of History for Driving Convictions?

Written by James Hirby and Fact Checked by The Law Dictionary Staff  



If you have a traffic citation or criminal conviction on your driving record, you're probably paying handsomely for your auto insurance. Most insurance companies will ask you to report driving convictions that occurred within five years of your policy's renewal date. These include less-serious offenses like traffic tickets as well as serious transgressions like impaired […]

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