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Monday, September 10, 2007

Bankruptcy: What To Expect If You File For Bankruptcy

First, understand that filing bankruptcy should be a last resort if you have borrowed money and have absolutely no way or repaying it. Filing for bankruptcy will have a negative effect on your credit history for 10 years or longer and may also adversely impacts your quality of life.

If you do declare bankruptcy, here are some things to expect. First, you will need to be prepared to explain to a bankruptcy judge or trustee how you got yourself into such a financial pickle. You will be asked some very tough questions and need to be ready with good answers. It will not be an easy or fun task.

The only credit cards you will probably be allowed to keep are those that were completely paid off before you declared bankruptcy. You will most likely lose all others.

Once you file for bankruptcy, you will have trouble getting a mortgage, a loan, new credit cards, life insurance and even some jobs. This is because there are employers who are skittish about hiring people who have filed for bankruptcy as they feel it demonstrates a lack of restraint or self-discipline.

Some of your debts will not be discharged. This includes child support, student loans and back taxes. So if you think filing for bankruptcy will relieve you of that $12,000 you owe Uncle Sam, think again.

Keep in mind that a bankruptcy will stay on your credit report for at least 10 years. This means that if youre 35, youll be 45 before you can apply for a credit card, a mortgage, a loan or a job without the potential lender or employer seeing that you were once bankrupt.

The good news

Despite what you may have been told, it is possible to get a loan after filing for bankruptcy. It is called a bankruptcy loan and its purpose is to help you get back on your feet and reestablish your finances.

A bankruptcy loan is usually available only after your creditors have been paid and your bankruptcy dismissed. If you filed a Chapter 13 (reorganization) bankruptcy, your creditors must be paid in full before you apply for a large loan. And if you filed a Chapter 7 bankruptcy, you must wait at least two years after the bankruptcy to apply.

The best way is to prove to potential creditors that you are no longer a bad risk is by paying all your bills on time, and showing that you can now handle a credit card. Once you have a track record for paying your bills on time, and have successfully maintained a credit card, you can ask your creditors for reference letters to prove to potential lenders that you have become credit worthy.

You should also know that there are lenders out there who will offer you a loan while you are still in bankruptcy as a way of paying off your creditors. Dont be lured into this. It usually just paves the way for further disaster as you are simply adding debt to debt. As a wise man once said, you just cant borrow your way out of debt.

Going through bankruptcy can be a painful and embarrassing experience. Be sure you consider all possible alternatives before filing. You might find that bankruptcy is easy to get into but very, very difficult to get out of.

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Douglas Hanna has lived in the Denver area for nearly 35 years and is an expert on both Denver and Colorado. He is also the author of more than 120 articles on Denver and Internet marketing.

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8 Things You Should Know About Carrots

In this article I would like to give you the low down on carrots, as they are one of the most under rated vegetables there are.

For those who hate and detest them at all costs I stress that you to look again. You dont have to put up with them as a boiled or steamed vegetable as there are many exciting ways to disguise them to being wonderful addition to your diet.

Up to a few years ago I have to admit that carrots were one of my pet hates, but after tasting my wifes carrot cake I quickly changed my mind. Unfortunately it does have a lot of sugar in it so it is not one for the diet conscious. I will list the recipe on my website and you can try it for yourself. I do know that my children think its wonderful.

In the list below there are eight things you should know about. The first thing that carrots have going for them is that they are rich in Vitamin A. This Vitamin is good for the eyesight especially as you get older as it helps with night vision. Please note no cracks about rabbits and glasses.

Now this next fact surprised me as I didnt realise that they had a good helping of vitamin C which Im sure we all know is one of those vital vitamins we must have for a healthy body.

Moving on carrots contain potassium which is one of those things you need a certain daily intake. Potassium helps to cut down your cholesterol levels, and also helps with muscle control, and things like dry skin and acne is a good example.

The next two things you should know about are that carrots are great for tissue growth, and at the same time your bones will be strengthened so it will help against things like arthritis.

For the last three reasons I suggest that you go out and buy yourself a juicer as carrot juice as a drink or mixed with different fruits is one of the finest things you can have. So for those of you on a diet this juice is ideal. A cup of juiced carrots and fruit can be between 70 and 100 calories per cup depending on which fruit you mix with the carrots.

Another reason for taking carrots as a drink is that depending on which fruit you choose it can be a great antioxidant. And when you work out the pollution, and all the rubbish that is in some of our foods it is vital that we redress the balance.

Last but least is the fact that by juicing your carrots and by mixing in fruits like oranges, apples, bananas, kiwi fruit (try the gold ones), strawberries, blueberries, blackberries, raspberries. I think you find that it is a far superior way than having to take vitamin pills.

To read more articles of this nature, or to find out about Medical, or Alternative Medicine please go to the following website.

http://www.find-the-info.com

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What is Medical Malpractice?

Medical malpractice occurs when an injury is caused by a doctors deviation from the ordinary standard of care. If your doctor fails to treat your injuries or health condition correctly or fails to properly diagnose it in the first place, and that, in turn, causes new or aggravated injuries, you may have a medical malpractice claim.

Your physician or medical practitioner may have committed medical malpractice if he or she:

Delayed or failed to properly diagnose your health condition or disease
Failed to give the appropriate applicable treatment for your health condition
Treated you negligently, causing you harm
Injured you during a surgical procedure
Prescribed the wrong medicines or medical devices

Medical malpractice claims may be filed against:

Physicians (Including Surgeons and Non-Surgeons)
Nurses
Hospitals
Surgery Centers
Clinics
Chiropractors
Dentists

While medical malpractice often involves surgical procedures, such as wrong site surgery, wrong patient surgery, or leaving medical tools or supplies inside the body; it can also involve non-surgical diagnosis and treatments. A common claim for medical malpractice involves obstetrical malpractice, when the baby in injured during labor or delivery.

Informed consent is another important part of practicing medicine today. Even if your doctor performed your procedure correctly, if you were harmed by the procedure and your physician did not fully inform you of the risks, your doctor may be held liable.

If your physician performed an unnecessary surgical procedure because of a misdiagnosis, you may be able to recover damages through a medical malpractice claim. It is important to note that if you were not hurt by your medical practitioners mistake you have no damages and cannot receive compensation for medical malpractice.

If you think you may have a medical malpractice claim, you should speak to a qualified medical malpractice lawyer immediately so that you may collect and preserve all of the necessary medical records and information with your lawyers help.

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Don't Believe It When They Say You Can Beat Polygraph

There are numerous articles all over the Internet regarding the reliability of polygraph and how to beat the system. I have reviewed many of these articles and it appears to me that most of these so-called experts havent a clue about polygraph. It amazes me that someone who has no training in polygraph can try to educate people on how it doesnt work or how you can beat the system. Just because you have a law degree, claim to be in law enforcement or have a doctorate under your belt doesnt make you an expert in polygraph or gives you the right to abolish it.

I hold two degrees in Criminal Justice and a diploma from the Department of Defense Polygraph Institute. I would never presume to write something about the intricacies of civil law. I do know that the putting on a judicial robe gives some people the impression that they know everything. However, I did stay at a Holiday Inn Express once myself.

Most of the other articles are put forth by people who know as much about polygraph as my little Yorkie. There are those who have received polygraph training and hold themselves out to be experts on how to train people to beat polygraph. They know in this day and age that polygraph examiners are constantly receiving training on various counter measure attempts, which are mostly rather juvenile and ineffective. They also teach methods that almost all polygraph examiners have equipment to detect now. So, if you are one of those folks considering purchasing information on how to defeat the polygraph, go ahead and buy it. Your chances are rather slim that any of it will actually work. And when you get caught, it will be further evidence that youre simply a liar.

And to the lawyers, judges and MBAs who write about polygraph with no formal training - I wont believe anything you write on brain surgery either.

For more information on polygraph, its effectiveness and how it works go to www.alabamapolygraph.com.

Neil Rucker is a licensed polygraph examiner with over 35 years experience in the field.

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NDAs - Review Checklist

NDAs (non-disclosure and confidentiality agreements) are documents commonly used to prevent unauthorized use of business information.

Disclosing important information to prospective customers, suppliers or investors is a common business dilemma, because:

- The disclosing party fears being ripped off - that the information will be used without compensation.

- The receiving party fears that it may have similar work underway and does not want to be accused of pirating someone's ideas.

What should you look for before signing a NDA?

1. Who are the parties?

The agreement should clearly identify the name, entity, address, and jurisdiction of the parties.

2. Is the agreement mutual?

Does the agreement cover both parties or does it only cover disclosures by one party?

3. What is the purpose of the agreement?

The agreement should specify the purpose of the disclosure. Is it background information for the purpose of developing a business relationship? Is it part of another agreement?

4. What information is covered?

Confidential information is usually broadly defined to include any and all information whether oral or in writing. It is important that information be marked confidential and that oral disclosures are reduced to writing and marked confidential in a timely manner.

5. What information is excluded?

NDAs exclude information that was already known prior to the date of the agreement if documented in written records; in the public domain; rightfully received from another source; or developed independent of this disclosure as evidenced by written records.

6. What safeguards are required?

The agreement should specify procedures for protecting the confidential information. It should state under what circumstances it can be disclosed to employees or other parties.

7. What is the term of the agreement?

How long is the agreement effective? Is it one year? Three years? Or, is it of indefinite duration?

8. What are the termination provisions?

How is the agreement terminated? How is the confidential information handled in the event of termination? Is it destroyed? Returned? How will it be accounted for?

9. What does it say about intellectual property rights?

Usually, NDAs specify that neither party acquires any intellectual property rights under the agreement, other than the limited rights to carry out the specified purpose. The agreement should say, No right or license, express or implied, is granted in connection with any Confidential Information disclosed pursuant to this Agreement and No commercial use is allowed without prior written consent.

10. Does it address similar work in progress?

Sometimes NDAs say that each party acknowledges that the other is developing and acquiring similar technology and that nothing in this agreement precludes the receiving party from developing similar technology without obligation to the discloser provided it does not use the disclosers confidential information.

11. Does it address derivative work?

Sometimes NDAs say that in the event that either party develops new information or data as a result of the work carried out, that party shall have the right to use or publish that new information, with the prior written consent of the other party.

12. Is the existence of the agreement confidential?

Sometimes the agreement specifies that neither party shall make any public announcement or disclosure of this agreement without the prior written consent of the other party.

13. Are there any warranties?

Usually a NDA says that the disclosing party is authorized to make the disclosure, but that there are no other warranties.

14. What happens in the event of breach?

NDAs frequently call for injunctive relief in addition to any and all remedies at law. This means that a party can seek a court order prohibiting use of its information in violation of the agreement. Unfortunately, for most business disputes, going to court is not an effective remedy because it is costly and the outcome is unpredictable. For business disputes, mediation and arbitration before a neutral party experienced in business matters is a faster and more cost effective way to resolve disputes.

15. Governing laws and jurisdiction?

If both parties are located in the same state, the choice of law and the location for the dispute resolution proceeding is easy. Frequently, however, the parties are located in difference states or countries and hence it can be contentious which law applies. To prevent one party from having the home court advantage, I recommend a mutually inconvenient location that is business friendly such as Delaware or the Netherlands.

In conclusion, how confidential information is disclosed is important. Sufficient information needs to be disclosed to persuade the other party to proceed. Disclosing too much information without protection is risky. Disclosing too little information precludes the business relationship from progressing. Used effectively, NDAs protect information and facilitate business transactions. Used ineffectively, NDAs can confuse ownership rights and restrict business opportunities.

Jean Sifleet is a practical and experienced business attorney whose career spans many years in large multi-national corporations and includes three successful entrepreneurial ventures. Jean has extensive experience in dealing with intellectual property matters in the large and small companies and as a small business owner. She has authored numerous books and publications on avoiding legal pitfalls in doing business. This article is excerpted from her new book, Advantage IP Profit from Your Great Ideas (Infinity 2005). For more information, Jean's website is http://www.smartfast.com.

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How Massachusetts General Law 93A Affects Online Businesses

Massachusetts General Law 93A, titled Regulation of Business Practices for Consumers Protection, is designed to protect those consumers who would otherwise be unaware of their legal rights. Mass. Gen. Law 93A. As it was originally drafted, 93A did not create a private right to sue, an issue which was quickly addressed by the legislature, and now both consumers and businesses can use 93A as a basis for enforcing their rights through private law suit. Unlike some other states, the Massachusetts consumer protection statute provides for an express, rather than an implied, right to sue for businesses who feel they have been victim of a deceptive or unfair act. It is often easy to spot a consumer protection issue with standard businesses, such as: bait and switch advertising, failure to disclose defects, price-fixing, faulty warranty claims and un-bargained for return/refund policies. It becomes much more difficult to determine when a consumer protection claim based upon Mass. Gen. Law 93A exists when the business involved is only involved in electronic commerce, and especially when that business is not located within the state.

When evaluating a potential consumer protection claim, it is necessary to keep in mind that the required elements are different for a business and a consumer. A consumer must follow certain procedural and substantive requirements outlined in section 9 of the act. Among other elements, section 9 requires a 30 day demand letter, a showing that they are in fact a consumer, an unfair or deceptive practice, and a showing of damages.

Businesses, especially online businesses, differ substantially in their required elements. Section 11 sets out the requirements for a business 93A claim, and requires that a business show:

  1. That they are a "business" [involved in the conduct of any trade or commerce];
  2. That the defendant engaged in an "unfair method of competition" or the defendant's actions were "unfair" or "deceptive;"
  3. That these actions occurred primarily and substantially within Massachusetts (the burden is on the defendant to disprove this presumption as a defense); and
  4. That these actions resulted in a loss to the business plaintiff of money or property, real or personal, for money damages to issue; or
  5. That these actions "may have the effect of causing such loss of money or property.

Mass. Gen. Law 93A Because of the openness of the internet, and the anonymity involved, it can be extremely difficult to demonstrate that a certain method was either unfair or deceptive. More difficult, especially in the context of an online business, is demonstrating that a certain act has the effect of causing damages or loss. Since online transactions vary in amount and since the market is continually expanding, it can be extremely difficult to demonstrate actual loss, or even potential for loss. Since each element must be present before filing a claim, the prudent advocate will research the facts of the case prior to initiating a 93A claim. Without the properly pled elements, most judges will discard with the case at the first possible opportunity.

In addition, online businesses present unique jurisdictional issues that may confuse the use of 93A for consumer protection purposes. In order for there to be any hope of applying 93A to an online business, the unfair or deceptive act must have primarily or substantially occurred within the Commonwealth of Massachusetts. When neither the deceptive/unfair act, nor the harm takes place in MA, a consumer protection claim will be barred based upon 93A, even if the victim is a Massachusetts resident or business. In the recent Massachusetts Superior Court case of Fillmore v. Leasecomm Corp., the judge dismissed a consumer protection claim brought by a Massachusetts company against a California company because the allegedly deceptive sales tactics and the unfair contracts were all consummated in California. Fillmore v. Leasecomm Corp., 18 Mass. L. Rptr. 560, 2004 WL 3091642 (Mass. Super. Ct. Nov. 15, 2004). In Fillmore, the plaintiffs pleadings failed the center of gravity test applied for jurisdictional purposes, and the claim was therefore dismissed. When deciding whether or not to file a consumer protection claim in Massachusetts, it is best first to look at the act, the harm and the jurisdiction. The more that occurred within Massachusetts jurisdiction, the more likely the claim will be allowed to proceed. However, Massachusetts courts do find in favor of Massachusetts companies when all the elements, including the jurisdictional ones are met. If a contract was to be performed in Massachusetts, and the damages took place in Massachusetts, then the jurisdictional element will be met and the court will find for the claimant, as the Massachusetts appeals court did in Auto Shine Car Wash Sys. v. Nice 'n Clean Car Wash, Inc. In Auto Shine, the parties frequently met in Massachusetts, and the misrepresentation originated in Massachusetts. The court held in favor of the plaintiff for double damages, as there was a willful and knowing violation of Mass. Gen. Laws ch. 93A 58 Mass. App. Ct. 685 (Mass. Appeals Ct. 2003).

Filing a consumer protection claim presents a substantially increased level of evidence and jurisdiction requirements when your client is a business. Beware of the consequences and potential wasted time you may use when filing a claim without having every element met. Simply because Massachusetts provides for an express right for businesses to file claims, doe not mean that judges will be willing to overlook even the smallest discrepancies in the pleading requirements.

This article was written by Nicholas J. Deleault, Pierce Law Center 07 and Attorney Michael Goldstein of the law firm Goldstien and Clegg LLC, a Massachusetts cyberlaw firm.

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LASIK Malpractice

LASIK, pronounced LAY-sik, is actually an acronym for LAser in SItu Keratomileusis. It is a type of refractive surgery procedure in which the cornea of the eye is reshaped to alter its optical ability. This is being done to correct myopia, astigmatism, and hyperopia,

LASIK malpractice occurs when the surgeon does not perform the procedure right and results to a damage in the eye or both eyes of the patient. Complications during the surgery can lead to patient complaining of LASIK malpractice.

In refractive surgery, there are a few complications the surgeon should anticipate and explain to the patient. Awareness of these complications can help the patient make an informed decision if he wants to continue the procedure or not. Such complications range from problems that are quite negligible to bothersome, the worst case scenario being losing an eye. But since the procedures of refractive surgery are always being refined over and over again, the occurrence of the worst case scenario has actually decreased to almost being nonexistent. However, even small problems continue to disturb some unfortunate patients.

One complication of refractive surgery or LASIK is regarding the formation of cataract in the crystalline lens of the eye. They make the lens so foggy that light can no longer pass through to reach the cornea, thus making you temporarily blind. While a cataract can be cured by performing lens implant, this requires additional eye surgery which means having additional risks of infection and damage.

Another complication of LASIK is involved in the correction of high amounts of myopia (the scarring of the central cornea) where the laser in the surgery is focused. This scarring serves as a filter of the light passing through the central cornea and, due to the formation of clouds and haze, vision is reduced. The glare and halos that patients usually complain about are also caused by this light diffusion.

Finally, the epithelial growth into the cornea stroma is another serious complication of LASIK, producing significant vision problems. This happens when the epithelium lining the front of the cornea begins to develop into the stroma area and gradually invades it.

These complications are what eye surgeons should prevent so that they will not be alleged for malpractice.

Malpractice provides detailed information on Malpractice, Medical Malpractice, Medical Malpractice Attorney, Dental Malpractice and more. Malpractice is affiliated with Whistleblower Protection Acts.

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