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Disclaimer: The following article meant for reference only, and is not intended to be legal advice. Be sure to consult a lawyer for a full explanation.

The Bankruptcy Abuse Prevention and Consumer Protection Act was became effective on October 17, 2005 (except for a few provisions). This amendment to the Bankruptcy Code is a major revision of the 1978 Bankruptcy Code and deals mainly with consumer bankruptcy. It was passed in response to rising bankruptcy filings and is based on a concept of increased personal responsibility. This article offers a very brief explanation of the “means test” that is designed to dump some debtors out of Chapter 7 and into Chapter 13:

Most debtors would of course prefer to discharge their debts under Chapter 7 rather than pay into Chapter 13. For debtors with the ability to pay, however, this will not be nearly as automatic as before. Under the previous version of the Bankruptcy Code, a finding of “substantial abuse” had to be made before a debtor was barred from Chapter 7 relief. Under the new law, this standard is reduced to “abuse” (one act of abuse is sufficient rather than “substantial” abuse). Abuse is now presumed for debtors deemed to have the means to pay into Chapter 13. This means test applies to debtors net current monthly incomes greater than their state’s median income.

The means test has two prongs:

1. If the debtor’s net monthly income after deductions is at least $166.67, the debtor is presumed to be ineligible for Chapter 7 relief.

2. If the debtor’s net monthly income is at least $100 and the debtor is deemed to have the means to pay at least one-fourth of his/her unsecured debt over 5 years, then the debtor is presumed to be ineligible for Chapter 7 relief.

What all this means is that debtors who file under Chapter 7 will be forced to pay as much as they can under Chapter 13 if they can afford to unless they can prove that they are not abusing the system by filing under Chapter 7 . The word “presumed” simply means that whatever is presumed will be taken as true unless proven otherwise – the burden of proof has switched to the debtor to prove there is no abuse rather than on the government to prove “substantial abuse” as before.

And the best way of being aware of all legal articles that you can incorporate inside your case file is to hire a good lawyer. Though it is an ultimate necessity if you wish to win your case and get the compensation you demanded for in the beginning, but here also, we are trying to make you aware of some of the basic rules and facts that will be really beneficial to you in the process.

The first step is to fill the form that enables you to file a case legally. Almost all states offer free legal forms to all its residents. The very next step, or let’s call it a process, is to make your case as strong as possible. This is because, in the end, your ultimate goal is to win the case. Isn’t it? Be sure to be able to produce all supporting evident and proofs in order to back up all the claims that you file. Ensuring this thing is very important, because, if you would not be able to produce the documentary proofs to support your claims, then any legal help, even by any renowned lawyer would not be of any good to you. Another advice is to be truthful and honest, because in the long run, it is far easier to save a truth than to prove a lie to be a truth and then fight to save it. All the details and evidence you give should be true and concrete.

If your case is against a product launching company, then you should be prepared with the batch number, license number, and manufacturing date of the product, and manufacturer and distributor details. Along with these, the reason and consequences that lead you to filing of this case should also be ready with you in the form of solidified and valid documents. Also it is very much suggested to get and understand the foreclosure laws of your state.

What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.

These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.

The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty. Other times, the jury will say that the accused is guilty.

If the jury does not have a unanimous decision, the judge has no choice but to call for a retrial. Should there by a mistake made in the trial such as the selection of the jury, the judge will say that it is a mistrial and once again, both sides will have to start over and present their case.

There are instances where the criminal defense lawyer and the prosecutor don’t have to settle this matter in court. This may happen as both sides have an agreement and this is approved by the judge.

But how does this all happen? First, a crime has to be committed. Law enforcement authorities will then have to figure out what happen and if they have enough evidence, a suspect is arrested.

The person who is arrested has the right to remain silent during questioning until their lawyer is present. If the person cannot afford one, then a lawyer will be provided so even those who don’t have money will be properly represented.

The sixth amendment in the bill of rights state that anyone who is arrested has the right to a speedy trial and this has to be done where the crime was committed. After being arraigned, the criminal defense lawyer will now conduct an investigation by interviewing witnesses, reviewing police reports and any other evidence that is related to the case.

The suspect that is charged with the crime can only be convicted if the case presented by the district attorney’s office is very convincing. This means that a criminal defense lawyer can get a not guilty verdict by putting holes into the defense of the prosecution. When this happens, the client is freed. Should things go the other away, the criminal defense lawyer can make an appeal to the higher court regarding the lower court’s conviction.

Can anyone become a criminal defense lawyer? A lot of experts say no because unlike other specializations in the practice, some find it very intimidating especially when the client that you have to represent is actually guilty of the crime. But given that you are that person’s attorney, it is your duty to defend the accused to the best of your ability from start to finish.

Given that crime of all sorts and nature occur, some have set up their own law firms that specialize in criminal law. Most who graduate from law school work for the government and are often referred to as “public defenders.”

How much you earn as a criminal defense lawyer varies. This depends mainly who your client is because if you are  defending a millionaire, you can charge a lot for your legal fees while someone who doesn’t earn much will be able to only give how much is in their wallet.