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Posts Tagged ‘money’

What Are The Benefits Of Structural Settlement For The Liable And Injured Parties?

July 13th, 2010

Structured settlements are becoming increasingly common. These settlements are a way to pay injury damages in a personal injury award.

If you are injured and win your case for damages, you may be awarded a structured settlement rather than a lump sum payment. Lump sum payments were quite common in the past but structured settlements are gaining in popularity.

A structured settlement basically divides up your award. Then, the liable party pays out in scheduled periods, a set amount each payment, until the entire amount is paid. It is almost like when you make a car payment on your car, until you have paid off the entire balance, except in a structured settlement there is no interest paid.

The period of time for a structural settlement can vary. Generally payments are monthly, and are paid out over years. Depending on the monthly sum and the total award amount, the payout term will be shorter or longer. If you have a settlement that is very large, it may pay out over decades even.

Both the injured party and the liable party can benefit from this setup. The injured party often does better when they get their money over time instead of all at once.

When you get a structured settlement instead of a lump sum payout, it can help to ensure that you have money coming in over the full length of time you are still having effects from your injury. You may not know how long this will be, and if you get – and spend – a lump sum settlement, then there is nothing else coming in to cover your medical needs or replace lost income.

It isn’t just the injured party that benefits when damages are awarded via structured settlement. The liable party also benefits. The liable party ends up avoiding a huge tax burden. The tax amount is reduced since the settlement is paid over time.

When you have a personal injury case, a structured settlement may be your best option. It helps to know how these work. Such a settlement can ensure you have income over a long period of time, which can really be a major plus.

Legal Advice

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Financial Aid For College Is Available For All

May 19th, 2010

Financial aid for college comes in a number of different forms: grants, loans and scholarships. Depending on how much help a student needs, he could end up being given student loans that amount to 100 percent of the education cost, alongside his financial aid.

It might seem like the perfect solution, but it’s important to realize that all student loans do need to be paid off. Many students simply don’t like the idea of leaving college with masses of debt. On top of this, there also just isn’t as much financial aid offered to students any more, which leaves them to find it from other sources, however they can.

Student loans can be a lifesaver for individuals who have a gap in the money they need for school and the money they’ve been offered or have available to contribute. However, no one wants to start fresh from college with a bunch of bills to pay right from the start. Most student loans can be deferred temporarily during times of hardship, but they’re debts that won’t disappear. Some types of student loans can’t be dismissed, even as part of a bankruptcy proceeding. In some cases, a default on a student loan can even lead to seizure of the borrower’s tax return.

If you take action to find financial aid for college, then there are ways to avoid getting into debt through student loans. When applying for financial aid, the school may five the student a kit including the scholarships, loans and grants.

When it comes to the best of the financial aid package, grants and scholarships are most desirable. They basically provide free money that never has to be paid back. However, a lot of students will accept the whole package, including the student loan. A better idea would be to carry on searching for ways to replace the loan you’ve been offered to make up the whole cost with financial aid.

Scholarships programs are available for just about everyone: from women and minority groups, to left handed, to those with good grades, and those who have done community service. They are all out there, but many students simply don’t realize, and therefore don’t apply. Doing as much research as possible and applying to as many as possible gives students the very best chance of securing financial aid for college that will cover the complete costs.

Legal Advice

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How to Claim Bankruptcy – a Laymans Guide

May 15th, 2010

One should always first consider alternatives to bankruptcy.

Within 180 days of filing for bankruptcy, the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act makes it law that an individual must get some form of credit counselling.

This counselling is intended to make the individual aware of alternatives to filing for bankruptcy.

The most common bankruptcy types are what are referred to as chapter 7 and chapter 13 bankruptcy.

Chapter 7 bankruptcy involves the selling of almost all of one’s personal posessions, but despite this, it is the most popular option.

With the exception of certain debt, tax bills for example, any debt outstanding after liquidation of assets is cancelled and the debtor is no longer liable for it.

If an individual does not want to be forced to sell all their assets, chapter 13 bankruptcy removes this need altogether, by putting in place a repayment plan, debts being paid in full over a 3 – 5 year period.

To ensure that an applicant is being truthful regarding ability to pay their creditors, the 2005 legislation requires a means test to be completed to demonstrate that repayment is not possible, and that chapter 7 is the only viable option.

Given the complexities of filing for bankruptcy, including deciding the best type of bankruptcy to apply for and filling in the initial legal means test, a lawyer is essential.

Also, once a lawyer is acting for you, “automatic stay” comes into effect. This means that creditors can no longer approach you for money. All creditors have to deal through your lawyer.

One of the first things you have to do is supply a list of both debts and personal asets to the court. You will then be recorded answering a series of questions, on oath, at what is called a “Creditors Meeting” where the truth behind your financial submission is verified.

The court decides, in a chapter 7 filing, the assets to be sold and the proceeds distributed amongst your creditors, any remaining debt is then written off and you are no longer liable, resulting in a clean financial slate.

If, after the means test, it is shown that an individual is in a position where full repayment of debt can be made over a 3- 5 year period, a chapter 13 filing is made and a repayment plan introduced.

Under chapter 7, bankruptcy is discharged and notice issued a few days after the 60th day after the Meeting of Creditors, as long as no petitions have been made to the court challenging the discharge. Any challenges must be made not before the 60th day. Under chapter 13, the bankruptcy is discharged and notice issued some 30-60 days after verified completion of the repayment plan.

Legal Advice

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File Bankruptcy Without a Lawyer – Money Saved?

May 11th, 2010

Is it a good idea to file bankruptcy without a lawyer? As the economic gloom continues and more people file for bankruptcy, many feel a lawyer is an unnecessary expense.

It’s true that lawyers are not cheap. However, bankruptcy is one of the single most important steps one can take, and with the complications and pitfalls, declaring yourself bankrupt without the support and guidance of a lawyer is unthinkable.

Bankruptcy law is daunting – a lawyer will take you through it by the hand and guide you in all aspects, not least of which is finding the best chapter for you to file under.

Chapter 7 is often the preferred choice as, despite having all your assets sold, you are left debt free (some debt cannot be written off) as opposed to chapter 13 bankruptcy, which is essentially a repayment plan over three to five years.

Before determining what chapter one should file bankruptcy under, the BAPCPA bought in a compulsory means test in 2005, intended to weed out those who could afford to repay in full, and force them into a chapter 13 filing.

The means test is just one example of how important a lawyer’s guiding hand can be.

You need to find a mid-sized law firm so that you always deal direct with your lawyer, not a paralegal, common in large firms. This is because your relationship with your lawyer is of the utmost importance, and there should be a free flow of questions and answers between the two of you.

An average fee is about $1800, but this can vary. Try and find a lawyer who charges a flat fee rather than a fee based on the amount of debt you have, or an hourly rate.

You will be very grateful for a lawyer’s assistance when it comes to the “Meeting of Creditors”.

Before the meeting you will need to draw up a list of creditors with details of how much is owed. You must also produce documented evidence of all your assets and their value, and any income you receive.

The purpose of the Meeting of Creditors is to examine your financial details and determine what chapter of bankruptcy you should file under – a lawyers help is invaluable for this.

A lawyer is also able to give you sundry advice on less obvious things. For example you should not use a credit card for anything at all once bankruptcy is filed, as you are effectively spending money you know you cannot repay.

Bankruptcy is complex, and a lawyer is a vital investment.

Legal Advice

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What Students Need To Know Prior To Borrowing Money

April 24th, 2010

Before you look at borrowing money in the shape of a student loan, have a look at what is available in the shape of savings or other non-loan areas first.

Is the establishment where you are going to learn accredited? Are you going to be studying part time or full time? Are you going to be studying for a scholarship?

A good idea could be to work out how much you may actually need for each semester. Obviously there are the books and equipment to pay for. Then there is the food and clothing costs. Are there going to be any traveling to and from the campus costs? Or do you intend staying on campus? All these considerations need to be looked at before you can complete your process.

You must have received a letter of acceptance from your educational institution before you even consider the prospect of any loan or grant; once you get this letter it may be prudent to visit their own financial aid office.

A second step would be to fill in a (FAFSA) form once you have received your acceptance letter. FAFSA stands for financial application for student aid. Most of the financial aid offices will help you fill the form out correctly, and they will also forward it to the correct address.

Whilst this is in the process of being dealt with, you could check out any scholarships of grants that may be available. Again you may call on the assistance of the financial aid offices for this.

With you FAFSA filled in, the next step is an SAR. This stands for student aid report. This will be generated with your FAFSA and this could be used in conjunction with any grants or scholarships or other financial awards to help determine the loan amounts that you may need to borrow.

If you do decide to work whilst you are in learning, the institutions that lend money will decide on the amount that will be available to you in subsequent semesters.

Legal Advice

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