The Scarsdale Daily Voice

Scarsdale, New York

Going Bankrupt and Dealing with the Consequences

September 21st, 2019

It’s not easy to file for bankruptcy. However, it is often the best thing to do. Declaring bankruptcy can allow you to gain a fresh start, something we’ve all needed at one point in time.

One thing to consider when declaring bankruptcy is whether or not you’re fully equipped to deal with all of the aftermath. More often than not, declaring bankruptcy solves more problems than it creates. That being said, you should still be prepared for whatever consequences may come your way.

The most common consequence associated with declaring bankruptcy is a damaged credit score and a loss of assets. However, these don’t always happen. Each bankruptcy case is highly varied and I’ve found it’s best to find an accountant or lawyer who can help you create the best plan for your situation.

Another issue with filing bankruptcy is harassment from creditors. If you’re unable to repay loans immediately, these creditors tend to make nonstop calls and send mail your way.

While most of them won’t resort to harassment, it’s true that some creditors take it too far with the contact. Additionally, some of them resort to defamation of character and other forms of harassment in their endeavors to be paid back.

How to Deal with Harassment from Creditors

If you’re dealing with a lot of harassment from creditors, you can quickly begin to feel overwhelmed. Constant calls and the ever-present threat of financial ruin can cause even the best of us to panic. The first step to getting yourself out of this hole is to understand just what constitutes harassment.

Common Forms of Harassment

Although it’s certainly annoying to deal with creditors, not all of their actions constitute harassment. The most common forms of harassment include defamation, reduction of a credit score, and financial injury. There are two acts, the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, put in place to avoid these types of situations, but they are commonly violated by creditors.

Before you claim defamation, though, make sure that you know for sure that you’re experiencing it. The statements against your character must be false, communicated to a third party without your consent, negligent on the part of the creditor, and you must have experienced some form of harm as a result of the statements.

Granted, none of these are particularly hard to prove, but it’s still good to have a solid account of everything that you have experienced.

If you feel as though you are experiencing any of the above forms of harassment, I highly recommend getting in contact with a lawyer like those at Greenway Law, LLC who can fight on your behalf.

Going bankrupt shouldn’t leave you in such dire straits, but if you are, there are ways to get yourself back on track. Getting a lawyer to help you get things sorted out is just the first step of many that you’ll need to take if you want to have a fresh start.

Finding a Divorce Lawyer

May 4th, 2013

Going through a divorce can be very complicated and confusing process for those thinking about divorce or those actually involved in one. And as time passes and you get further and further into legal proceedings, you might find yourself facing certain payments you do not fully understand. Alimony is just one of many things that can come up during the process of divorce. Alimony can come in several forms, including both permanent and temporary alimony payments.

Temporary alimony is monthly support fees one partner pays to the other party while the divorce is still pending. These payments are given to various reasons deemed acceptable by a divorce court, such as, but not limited to:

  1. The other spouse has no job or is not earning a living that can support himself or herself during the ongoing divorce trial
  2. Help in paying the fees brought about by the divorce, such as lawyers and other legal fees
  3. Living expense or house payments, until the other party has adjusted to his or her new lifestyle

Just like most issues in your divorce, such as child custody or division of property, these fees can be agreed upon by both parties, or they are otherwise be mandated by court through litigation. In order to get a fair amount or monetary support, a divorce lawyer can look into some conditions, such how much one partner earns, their age, health conditions and disabilities, and other concerns. Once these things have been cleared and both parties have come to an agreement, or when the court makes a decision on payments, these payments will usually be made until the final decision regarding the divorce has been given and a final decision is made regarding permanent alimony payments.

In the event that one partner has neglected or denied paying temporary alimony, they can be held legally liable, since a temporary alimony order is equal to a court order. Take note, though, that there are certain life events that can change a recipient’s right to receive both temporary or permanent alimony, and these agreements can be changed with approval from the court.

How to Handle a Wrongful Death Lawsuit

March 1st, 2013

Suffering the loss of a loved one can be a devastating experience regardless of the circumstances. However, it can be doubly painful to know that the cause of their death was negligence or the carelessness of others. Filing a wrongful death lawsuit is one way to help deal with the financial troubles as well as the emotional trauma that the death has caused to a family. A wrongful death lawyer would help in assisting you in getting the necessary compensation.

Not everyone can file for a wrongful death suit. As any wrongful death lawyer can tell you, only certain people have the right to file for compensation for a wrongful death suit, such as:

  1. Immediate family members – namely the parents, spouses, children, and legally acknowledged adopted children. They are the most accepted claimants for wrongful death suits, accepted by every state.
  2. Distant family members – brothers, sisters, and even grandparents are allowed in some states to file wrongful death suits.
  3. Financial dependents – some states allow people who are affected by the death to file for a wrongful death suit (even if they are not married or blood-relatives) if they can prove the death has caused them financial strain.
  4. Parents of a deceased child – for instances where medical malpractice caused the death of a newborn child, parents can file a wrongful death suit against the medical professional or the hospital itself.

While trying to cope with the consequences of a loved one’s loss, the last thing most people want to think about is financial issues. However, particularly when the cause of such a tragic loss was another person’s irresponsible behavior, it may be necessary to consider these things in order to get the compensation necessary to pay for funeral costs, medical bills, and other consequences of a loved one’s loss.

There is a lot to prepare after a loved one’s death, which are difficult in and of themselves. Funeral preparations, informing the deceased’s friends and family, going through his or her belongings, finding a new home for pets, and other post-death things that need to be tended to can take a lot out of a person, so adding a lawsuit on top of it can be unfathomable. However, the lawsuit should be begun as soon as possible, as there is only a limited time to file.