Law Blog!

Bankruptcy is defined as a legally declared inability of an individual or an organization to pay its creditors. Therefore, the bankruptcy/ debts law provides a development plan that allows debtor to resolve his/ her debts by division of all the assets amongst his creditors.

Bankruptcy/ debts come under Bankruptcy and Insolvency act and are applicable to businesses and individuals. It is a federal law therefore, a federal agency is responsible for ensuring that all the legal process is carried our in a fair and orderly manner.

Some major parts of the law are:

Duties of trustees

Trustees are made in order to keep a track of all the actions and carry them in a proper manner. Some of the duties of the trustee in bankruptcy are to:

Review the file for any fraudulent preferences or reviewable transactions

Chair meetings of creditors

Sell any non-exempt assets

Object to the bankrupt’s discharge

Distribute funds to creditors

Creditors’ meetings

Trustee calls the first meeting of creditors for the following purposes:

To consider the affairs of the bankrupt

To affirm the appointment of the trustee or substitute another in place thereof

To appoint inspectors

To give such directions to the trustee as the creditors may see fit with reference to the administration of the estate.

Consumer proposals

A person is free to file a consumer proposal as an alternative to bankruptcy. It is a kind of negotiated settlement between debtor and creditors. Some major points of the proposal include:

• A typical proposal involves that debtor will make monthly payments for maximum five years and pay back all the debt to creditor.

• The creditors have 45 days to accept or reject the proposal

• Such kind of proposal can only be made with debts exceeds $5,000 but are less than $75,000

Divorces are a stressful experience for everyone including the divorce lawyers. IN this article we will discuss the important Aspects of Minnesota Divorce Laws that one must have an idea bout. There are two types of Minnesota Divorces. Absolute divorce and limited divorce. The former is a judicial termination of marriage based on marital misconduct or other types of causes that have cropped up after marriage is legalized. Here after divorce both the people are considered single again. Limited divorce laws are different in each state. They are commonly called separation decree. Here the right to live together is terminated but marriage is not dissolved and status of both parties remains unchanged.

The first important aspect is that to apply for divorce in Minnesota courts it is compulsory that one of the spouses must have been a resident of Minnesota for at least 180 days immediately before the petition for dissolution of marriage has been filed.

Legal Grounds for Divorce in Minnesota could either be `No Fault Divorce’ which includes living separate and apart for 180 days, visible and obvious marital discord affecting the attitude of 1 or both of the spouses toward the marriage adversely. Then there is General Divorce: where irrevocable breakdown of the marriage is the only ground for dissolution of marriage under Minnesota Divorce laws.

The grounds for a legal separation in Minnesota are that the divorce will be granted if the court finds that the spouses really need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed as mentioned in the beginning. According to Minnesota Divorce Laws the petition may be brought by both husband and wife jointly as Co-Petitioners. This procedure eliminates the need for service of process or the use of a summons etc.

Another important aspect of Minnesota divorce laws include divorce mediation or counseling requirements which means mediation in the divorce may be ordered in cases where custody of children is also contested. Exceptions are where history of spousal abuse or physical or sexual child abuse is being found or suspected.

Then there is property issue which is a crucial aspect of Minnesota Divorce Laws appropriately termed as Divorce Property Distribution. Minnesota is an “equitable distribution” state and so is the law related to divorce. Each spouse retains his or her non-marital property, like, Property bought before the marriage, gifts and inheritances, and property exchanged for such non-marital property.

Then there are other aspects like Alimony and Spousal Support, Spouse’s Name after Divorce, Child Custody after Divorce, issues related to Child Support after Divorce etc. Each aspect related to Minnesota divorce laws covers the issue in detail.

Every day at least one potential client asks me, “What can you do for me?”  It is natural enough.  A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges.  Before they make that expenditure they want to know what they are getting for their money.  Usually when we spend money we get something tangible in return.  Unfortunately, hiring a lawyer is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation.  Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor.  If the lawyer could promise a certain result the implication would be that justice is for sale.  In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant.   Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a lawyer can say things like, “Assuming everything you say is true, based on my experience this is probably what is going to happen.”  However, potential clients should be wary of statements like this.  Everyone is biased towards themselves, and all the more so when the stakes are high.  Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does.  As a result often neither the prosecutor nor the court will end up accepting the potential client’s version of events as the whole truth.  Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court.  So most often, when a lawyer says, “assuming everything you say is true, this or that will happen,” the client hears, “if you hire me, then the result will be this or that.”

Well, if one should not hire a lawyer based on a predicted result, on what basis should the client hire a criminal defense lawyer?  First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc.  Also, you should meet with your potential lawyer and base your decision on personal rapport.  Ask yourself does this lawyer seem honest, ethical and competent?  Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests?  These are the questions one should ask themselves rather than what is this person promising to do for me.