Despite the Modified CGL Language, Extrinsic Evidence Not Permitted to Determine the Duty to Defend

In July of 2012, in a case involving diversity jurisdiction, the Fifth Circuit Court of Appeals affirmed the use of the "eight-corners" rule in examining an insurance carrier's duty to defend the insured under a commercial general liability policy. The "eight corners" rule requires courts to examine only the pleadings and the liability insurance policy to determine whether a duty to defend the insured exists. Stated another way, the courts are not permitted to examine extrinsic evidence to determine whether a duty to defend exists.

In affirming the "eight corners" rule as a centerpiece of Texas jurisprudence, the Fifth Circuit Court was examining a case that arose out of an underlying automobile accident involving a car owned by one member of a church that was being driven by another during a break for lunch while they were working on the church property. The driver of the other car involved in the accident sued the church for personal injuries.

After the underlying personal injury suit was filed, in a separate lawsuit, the insurance company for the church sued the church in federal court asking for a declaration that it had no duty to defend or indemnify the church under the Commercial General Liability policy it had issued to the church.

Because the CGL Policy in question removed the "false, fraudulent or groundless" language common with most other CGL policies, the insurance company argued that the parties had actually intended to contract around the "eight corners rule." In other words, the insurer argued that the modified language meant that its duty to defend was co-extensive with, rather than independent from its duty to indemnify. The lower court agreed with the insurance company and went beyond the "eight corners" of the insurance policy and the underlying petition by considering the extrinsic evidence presented by the parties.

The Fifth Circuit noted that the Supreme Court of Texas has never held that the "eight-corners" rule (a judge made rule) applies only to policies containing the "false, fraudulent or groundless" language and further noted that Texas has had an "unwavering commitment" to the "eight corners rule." As such, the Fifth Circuit rejected the lower court's examination of the evidence relating to the merits of the underlying case to determine the duty to defend and noted that an examination of that evidence would defeat the very purpose of the "eight corners rule."

Although the Fifth Circuit's 2012 opinion makes it appear that the "eight corners" is an absolute, that is actually not the case. Texas has carved out at least one limited exception to the rule. In an earlier opinion in 2011, the Houston Court of Appeals held that the "eight corners" rule exists for the protection of the insured, and if a defendant claiming additional insured status is actually a total stranger to the insurance policy that would not be entitled to a defense under any set of facts, extrinsic evidence is admissible to prove that fact.

http://www.jonathanallenlaw.com/.

Over the years, I have represented a variety of businesses, ranging from the commercial contractor to the large petrochemical plant, in the resolution of insurance coverage and commercial disputes, as well as construction defect claims and general liability suits brought by contractors and employees. At my website, I write a business litigation blog, complete with movie and television references, and I also write an insurance coverage blog. I invite you to read my blogs and comment on any posts that interest you.

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A Look At A Wrongful Death Claim

A wrongful death claim is a legal cause of action that can be brought about by surviving members of the deceased person's family such as a spouse, child or parent. The purpose behind such a claim is to seek compensation for losses that were incurred when the loved one passed away.

Filing requirements for wrongful death may vary from one state to another. There are however some general guiding principles that all claims must adhere to. Be aware that any number of circumstances can give rise to a case of this sort being filed. Motor vehicle accidents and work related accidents could lead to a claim. The same can be said for medical errors and criminal attacks. Every case is different.

The most difficult wrongful death cases to prove are medical errors because there is expert testimony and other requirements to deal with. The attorney who is hired by the family member of the deceased will have to put in extensive effort to prove his case in court and to be successful at it.

When it comes to motor vehicle accidents, wrongful death claim cases are most often aimed at the driver who was at fault for the incident. This kind of case has the potential to increase the compensation that can be received from the insurance providers involved.

If the lawsuit has to do with an incident that occurred as the result of a criminal attack, it may center on the owner of a property where the attack occurred. It may involve other elements that were at work at the time of the attack as well.

When a death that is work-related takes place, the wrongful death suit is most commonly aimed at the employer. An example of this would be if proper safety measures were not taken or equipment was old and not inspected. Falls or electrocutions are examples of common types of cases that are brought before the courts by family members.

Other claims may involve landlords for those who rented apartments or other homeowners for their negligent acts. If a death occurred in someone's home then the person responsible for the care of the property could be held responsible.

Some cases make it to trial but many of them are settled before they reach that point. The ones that do go through the court system may take a number of years to be resolved. This can be very stressful for the relatives involved in the fight for compensation and justice for a loved one. Claims of this nature are required to be filed within a specific time frame. This means that the sooner you contact a lawyer, the better it will be for you in the long-term and the more effective it will be for the claim you wish to file.

Fighting for a wrongful death san francisco case is a sensitive time for all parties involved. Get the help, discretion and sensitivity you need from http://www.laub.com/.

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Considering Credit Counseling

3 Considerations Regarding Credit Counseling and Bankruptcy

In 2005, the bankruptcy law in the United States added several requirements for Chapter 7 bankruptcy filers. Through a law known as the Bankruptcy Abuse Prevention and Consumer Protection Act, debtors seeking Chapter 7 bankruptcy protection are now expected to fulfill two new requirements. The first is to pass a means test, gauging the debtor's income against the state average and assessing the resulting ability to pay one's debts. The other is going through credit counseling before filing for bankruptcy.

If you are facing overwhelming debt, you may benefit from filing for bankruptcy. It is highly suggested that you get in contact immediately with an experienced and knowledgeable bankruptcy attorney to explore your options and get on the path to financial freedom.

Different Points of Concern

The provisions of BAPCPA establish certain exceptions for the credit counseling requirement. The following will help you to determine whether these may apply to your situation.

You Have to Go Through Credit Counseling for Chapter 7 or 13 Bankruptcy

The aim of the 2005 legislation was to reduce the perceived abuse of Chapter 7 bankruptcy, or liquidation bankruptcy. However, the requirement for credit counseling stands for both Chapter 7 and 13 bankruptcy cases. A person needs to file proof of credit counseling within 180 days of filing for bankruptcy.

Active Military Personnel May Be Exempt

There are two major exemptions for credit counseling. One is allowed for military service members currently deployed in an active deployment zone. Once a military service member becomes an active part of a live operation in the field, they are considered exempt during that time to file a credit counseling certificate.

Physically and Mentally Disabled Debtors May Be Exempt

The other major exemption is available for the disabled. This is, in part, because some disabled debtors may not benefit from counseling. After all, many of these debtors needed to take out so many loans and other financial obligations for treatment, which is not generally a cost that can be negotiated or brought down.

If you are facing difficult financial troubles you need to seek credit counseling immediately. There is hope for you and help out there. With millions of people filing bankruptcy each year, you are not alone.

If your debt has grown out of control and you need a powerful solution to handle those obligations, bankruptcy may be the right choice for you.

Contact a Joliet Bankruptcy Attorney today for help filing for Chapter 7, Chapter 13 or exploring your financial options. No matter how serious your debt problems are, you can solve your problems and re-establish your peace of mind. Contact the Joliet bankruptcy attorneys at the Law Offices of Stuart B. Handelman today at 815-722-2201 for more information about our services, to discuss your situation, and to schedule a free consultation.

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Perceived Conditions Imposed When Invoking the Appraisal Clause Are Usually Just Clarifications

A common complaint by policyholders is that insurance companies, when invoking the contractually appraisal process, attempt to impose conditions to the appraisal that are not contained in the precise wording of the appraisal clause. One author cited a case where a Virginia Court held that the insurer waived its right to appraisal by imposing conditions on the process that were not contained in the policy.

As I have noted in prior articles, the Supreme Court of Texas has unequivocally held that it cannot envision a circumstance where a party's right to appraisal can be waived, especially when both parties are entitled to invoke the process. In response to the policyholder's complaint that insurers attempt to impose "conditions" on appraisal that are not present in the policy, these perceived "conditions" are usually only a clarification of what the appraisal process was meant to be in the first place.

In most appraisal clauses, there is a requirement that the amount of the loss be itemized (as opposed to a broad form award). However, the insurance policies rarely detail exactly what itemization means. In that regard, and in the correspondence from the insurance carrier invoking the clause, it is not uncommon for the carrier to emphasize that the appraisers are required to itemize the amount of the loss in detail and shall provide a line-by-line itemized breakdown of the amount of the damage (e.g. by room and by construction trade).

Without itemization, the appraisal process can become an exercise in frutility where the insurance carrier, at the conclusion of the process, is unable to discern the amount of the loss for that portion of the damages that is covered (e.g. windstorm causing interior leaks) versus that portion of the damages that is not covered (e.g. wind driven rain or surface water). In other words, the carrier, having properly invoked the contractual appraiser process to determine the disputed amount of the loss, is unable to determine what payment is owes pursuant to the insurance contract.

Again, waiver is a near impossible hurdle to clear in arguing that an insurer has waived its right to appraisal. In Texas, a policyholder's remedy for an appraisal process that goes beyond the appraisal clause or does not go far enough is to contest its enforcement after the fact. If the insurer attempts to enforce an appraisal award based on conditions that are not envisioned by the appraisal clause, then a policyholder should articulate the reason that the perceived conditions are not actually clarifications of the appraisal process itself.

http://www.jonathanallenlaw.com/.
Jonathan C. Allen

Over the years, I have represented a variety of businesses, ranging from the commercial contractor to the large petrochemical plant, in the resolution of insurance coverage and commercial disputes, as well as construction defect claims and general liability suits brought by contractors and employees. At my website, I write a business litigation blog, complete with movie and television references, and I also write an insurance coverage blog. I invite you to read my blogs and comment on any posts that interest you.

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Having a Car Accident Attorney Help You Through a Problem

When you discuss your case with a good car accident attorney, you're taking the right the answer to getting justice. A skilled legal professional should be able to place you at ease and take the appropriate steps to construct your case and perhaps obtain a favorable decision.

Selecting an Attorney and Building a Case
Once you meet your car accident attorney the very first time, keep in mind that the 1st meeting is concerning first impressions. Find a lawyer who has confidence but not over eagerness.

Ask some general legal counsel as to what steps to have with regards to your case and your legal representative could discuss precisely what is feasible and what is not. Discussing your case for the first time could be the starting point in shedding light in your available choices.

After you plan to take their legal services, the legal professional will most likely obtain details on the circumstances encompassing your car accident. Supply a complete narration of what happened, other parties in it, and contact information of everybody involved, including witnesses. A part of the conversation would give full attention to technical details like your automobile registration information plus the make and types of all vehicles involved in the mishap. Other pertinent information might incorporate your recollection on the climate conditions along with the status of the road during the incident.

The accident lawyer will ask about info about cases of over speeding, negligence, driving under the influence, along with other possible factors that could have contributed to the accident.

Once all the information has been collected, your lawyer for personal injuries can conduct their very own inspection. They're going to probably ask for the expert opinion of authorities in the industry such as mechanics, crash investigators, forensic experts, as well as health workers, as a way to gain insight on who was at fault. At the same time, the attorney would be corroborating information with witnesses to be able to look at the expert's opinions.

Once things are in order, your lawyer's next thing will probably be filing the essential claims on your behalf. Good lawyers include images of the scene of the accident, together with reports from the experts corroborating your evidence.

Slip and fall accidents frequently do not go well for the person involved because of the risky nature of the vehicle. However, a good lawyer would be able to make a winnable case depending on the merits. An extremely experienced lawyer for personal injuries may handle your case even in front of insurance lawyers or representatives, who may possibly make an effort to wiggle out of paying you what exactly is yours by right.

For those who have been involved in a vehicle accident that led to injuries, a trusted lawyer for personal injuries is what you need to file for a fair claim. A superb accident lawyer must have the necessary experience and a good history of successful cases in court or in settlement meetings. They must have the necessary credentials as authorities in their field to be able to help improve likelihood of getting justice.

Mary White is a respected legal mind knowledgeable in the intricacies of the laws surrounding vehicular and personal injuries.

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Questions A Chapter 7 Bankruptcy Attorney Can Answer For You

If you've decided to discharge your debt, you undoubtedly have a lot of questions about the process before you. A chapter 7 bankruptcy attorney can answer these questions for you and help you move forward. Filing can be an important step in regaining your financial freedom, but it isn't a step to be taken lightly. It isn't one to be done without the help of legal counsel. Done correctly, however, it can make an enormous difference in your life. Here are some of the questions a good lawyer can answer for you.

Can I file?

This will be one of the first questions you'll need answered by a chapter 7 bankruptcy attorney. Not everyone is eligible to have his debt discharged in this manner. Some may be able to look into chapter 13. Others may need to find a way to handle their debt in an alternative fashion. While it's not difficult to make some preliminary inquiries into your eligibility, you won't know for certain until you get in front of a lawyer. Your place of residence, previous filings (if any), your income, and the amount of your debt will all play a role in making the determination.

Of what importance is my credit report?

If you go before a chapter 7 bankruptcy attorney, he will most likely want to pull up a copy of your credit report before making any decisions. This is the best way to get a clear and full picture of your debt situation. If you do move forward with filing, you'll want to make sure that all of the eligible debt is removed from the report. Filing does have its disadvantages, after all. You don't want to take the credit score hit without getting the maximum benefit from the process.

Can it take care of all of my outstanding bills?

When someone chooses to file, they often think it will erase all of their debt. Sometimes, this is the case. Sometimes it isn't. Get together with a lawyer and take a close look at all of your creditors. You may find that some of your debt is ineligible for discharge. Some of the categories that do not qualify for discharge include child support, back taxes, and student loans. Criminal fines will also not be covered. If the majority of your debt comes from one or more of these categories, you may need to find another way to handle your financial situation.

If you're trying to find the right chapter 7 bankruptcy attorney Charlotte, you probably have a lot of questions and anxiety. Get those questions answered by the wonderful staff at http://www.bankruptcyattorneyatlaw.com/.

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What Is A Partition?

One of the more interesting legal tools I've used is called a partition. Simply put, a partition legally splits an asset or property amongst owners who are in a disagreement on how to handle it.

Let me explain with a couple of examples.

Travis and Nicole are an unmarried couple who purchased a house together 4 years ago. Now that they have broken up, they have to deal with the house. Nicole wants to move out and sell the place, but Travis doesn't want to. Can Nicole get her money from the house?

Gregory's Mom just passed away, leaving the old house in the country to him and his two brothers. Gregory lives in town and has no interest in the place, but he still wants his fair share of the inheritance. Unfortunately, his brothers seem content to live in the house rent-free. Can Gregory receive his portion of the inheritance by selling his share of the old country house?

One way that both of these situations can be resolved is through a partition.

A partition is a lawsuit that a co-owner can begin to require the other co-owner(s) to divide the property or (if it can't be reasonably cut up) then the court may require the co-owners to sell the property and divide the proceeds.

The contents of this article are for information only and are not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

Bill Peterson is a Minnesota Estate Planning Attorney and can help you with a Minnesota Estate Plan. For more information, please visit http://www.mnestateplan.com/ or call toll free at 1-888-910-5297.

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Who Is An Expert?

Some weeks ago a man had a consultation with me concerning his issue which involved dealings with a federal government agency which investigates discrimination in housing. However, the person decided he wanted to have another consultation with someone who was an "expert" on his issue, and he had been provided that person's number by a friend.

This experience got me thinking about what constitutes "expert" status. The media (print, television, radio, the Internet and various social media like Linked In) provide us with self-serving testimony by persons who want us to do business with them, and state they are experts in certain fields. If one is a bus passenger or finds oneself alongside or behind a bus, one can view large photos of lawyers who proclaim that they are experts in certain fields of law. If one listens to the major local radio news station, one can hear about doctors who work at medical facilities who are experts in joint replacement surgery. If one views television station news and morning broadcasts one will see many self-proclaimed experts in all sorts of fields like beauty, fashion, food, gardening, decorating, politics, etc. Some of these self-proclaimed experts appear to be barely out of college.

So, I have come to the opinion that anyone can declare him/herself an "expert" these days, as there really isn't a guideline or a requirement for that designation. Some of my recent experiences with legal experts are as follows:

• A fellow lawyer who practices worker's compensation law, and is a sole practitioner, told me that he inherited a case from another law firm, one of the largest in the area, who had settled part of the case for the client, and forgot to include language which ultimately cost the client over $30,000 in benefits. Yet the larger firm is considered to have "expert" status.
• Some lawyers I know have been called as guest commentators on television news shows because they have declared themselves experts on real estate or other areas of the law, when their practical experience regarding these areas is quite minimal.
• Some of the most prominent personal injury firms in the area readily declare themselves experts because they have tried and won or settled 1 or 2 cases on a particular issue.
• A lawyer who knew nothing about a certain area of the law, and I know this because he called me to pick my brain about the matter, accepted a high profile case and got his name and his client's name splashed all over the media. The end result did not turn out well for the client.

It is highly unlikely in the legal field that lawyers will sue the same defendant over the same fact circumstances, unless it is a highly specialized area of the law. Although lawyers may encounter some similarities in their cases, there are many variables which enter into each case. So, take the designation of someone who is a self-proclaimed expert with a grain of salt, because these days self-promotion is the rule. Also, bear in mind that an expert may not have experience in other areas of the law which may impact on the particular fact situation.

Faye Riva Cohen, Esquire
Law Office of Faye Riva Cohen, P.C.
2047 Locust Street
Philadelphia, PA 19103
P: 215-563-7776
F: 215-563-9996
E: frc@fayerivacohen.com
U: http://www.fayerivacohen.com/

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The Truck Accident Attorney and Mistakes to Avoid

A case against a negligent driver doesn't start when you walk into the office of a truck accident attorney. It starts the moment the crash happens and everything from that moment forward may very well be imperative to your chances of success in court. If the crash was severe, you probably have very little memory of the immediate minutes following the incident. You were likely more concerned about getting medical attention than building a lawsuit. But, this is something you should begin thinking about before you hire a lawyer. If you make enough mistakes, there may not be much of a case to build.

Agree to Nothing

It's very common for the opposing insurance company to try and get you to agree to provide a statement of some kind to the adjuster. They will phrase this in terms of, "The quicker we get this done, the faster you can get paid," which sounds good to someone who is wondering where the money for bills is going to come from. This is taking a short-term reward for a long-term loss, however. It may very well be that the money they are offering you is as much as you're ever going to get. You won't know that until you have a nice long chat with a truck accident attorney, though. Until then, mum's the word.

Admitting Fault

This is a scenario that any truck accident attorney who has been around for more than a year has seen multiple times. A client comes in and lays out his case. It's a good one, but the other party was not the only participant at fault in the crash. This doesn't really matter as much as the client thinks it does, of course. Car crashes often share blame. The question is who is mostly at fault in the scenario. The lawyer won't be concerned with some shared fault, but they will be concerned if the client has already admitted some degree of fault to the police or insurance company. This could easily be a case-sinker, especially if the client took on more blame than was really his to take.

Waiting Too Long

You don't have the rest of your life to decide whether or not you want to file suit. Every state has statute of limitation laws that apply to cases like this. In your state, that may be five years or it may be six months. The point is that you shouldn't wait around too long if you think you might want to file a lawsuit. Contact a truck accident attorney as soon as possible and discuss your options.

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Reforms Can Still Preserve Social Security

With a dose of determination and innovation, we can reform Social Security.

The recent Post and Courier editorial "Social Security insecurity" makes some important points-that Congress must reform Social Security (SS) soon to ensure its long-term solvency, and yet the current Congress is so polarized it is unlikely to make the compromises necessary to achieve such reform.

But the dire description of the solvency problem-that the retirement fund will be empty by 2037 and the disability fund kaput by 2017-may suggest to some that the system is beyond repair. It's right to raise the alarm for urgent action by Congress, but we should be careful not to suggest that we are incapable of solving the problem.

Many are under the impression that if the SS trust funds were exhausted all benefits would suddenly stop, but this is a misconception. SS is a pay-as-you-go system whereby today's benefits are paid with today's SS taxes.

For many years, Social Security built up a large trust fund by taking in more in taxes than it paid out in benefits in order to have enough to pay for the baby boomers to retire. As a result, the SS taxes collected today are no longer enough to pay all of the benefits, requiring SS to draw on the retirement trust fund.

If Congress did nothing to reform the system, SS taxes would still be enough to pay 77 percent of scheduled benefits in 2037 when the trust fund is expected to be exhausted.

If Congress decided to fund the SS deficit through tax increases on current workers and employers with no reduction of benefits, it would have to increase the SS tax by 2.22 percent under the current contribution formula. For the average worker who in 2011 earned $43,518, that would mean an annual tax increase of $483 for the wage earner and the same amount for the employer.

This is not to say that hitting American workers and their employers with a 2.22 percent tax increase is OK-because it's not.

The point is that bringing SS back into long-term actuarial balance is not an impossible task, particularly if action is taken soon and if both tax increases and benefit cuts are part of the equation. Even if tax increases are required, there are numerous options for increasing revenue without imposing higher payroll taxes on middle class and low income workers who are already struggling to make ends meet.

The biggest obstacle to achieving long-term solvency of the SS system may be our inability to look beyond tax-rate increases or benefit cuts as the only possible solutions. We should recognize that the recovery of both our economy and the wages of the middle class could drastically change the calculus of SS reform.

Social Security is funded by taxes on wages earned by ordinary American workers -- not on stock dividends and capital gains, which are the primary sources of income for our wealthiest citizens. Our highest wage earners pay no SS taxes on earnings over $110,100.

As currently designed, the burden of SS taxes falls squarely on the shoulders of the middle class whose real wages have declined over recent decades and who are now suffering from high unemployment.

If our economy recovers, the unemployed return to work, and middle class wages begin to rise as they did after World War II, Social Security could generate enough revenue to significantly reduce the projected deficits.

Growing our economy and restoring the prosperity of the middle class may have a bigger impact on SS solvency than enacting benefit cuts and tax rate increases-neither of which Americans want or should endure unless absolutely necessary.

We should continue to sound the alarm for Social Security reform. But we should also make it clear that reform is neither an impossible nor an improbable task.

Rather than give in to resignation, we instead should rely on those quintessential American traits-determination and innovation-to meet the challenges ahead.

Robertson Wendt from The Law Offices of Robertson Wendt. Visit us today at http://robertsonwendt.com/.

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Understanding Your Post Conviction Appeal

In many situations, there is hope through a post conviction appeal. For many men and women, going through a trial is a long and tiring process. If the outcome is not a good one, many people just give up believing they have no other option for improving their lives and getting their voice heard. Yet, this is not necessarily the case. Many individuals to win appeals and when they do, they can get better results. The key to success is finding a professional you can trust to work with you through this process.

What Is It?

A post conviction appeal most often takes place after a person's case has gone through the criminal trial process. If the individual is found guilty in the case, that individual has the right to file a motion with the higher court. This process provides an opportunity for individuals to get their case in front of a judge and potentially a new trial court depending on the outcome of the process. However, it is not just up to a judge to determine you are not guilty.

It's Not About Guilt

The appellate court, which hears these requests, will make a decision about whether a new trial is warranted based on if there were errors in the previous trial. In other words, this is not based on whether or not the judge thought you were innocent or not. Rather, it is about showing that your attorney, the other attorney, the judge, or someone else in the case made significant mistakes during the case that affected the outcome of your trial. It may be possible to get a retrial if mistakes were made.

How It Works

If you believe that your case deserves such a hearing, you should work with an attorney to get your case in front of the appellate court. This may be done on numerous grounds. If an error is made, that could be one option. If there is new evidence in the case, this can also trigger an opportunity for a new trial. The process begins once you file a notice of appeal and a brief that outlines the reasoning behind it. Then, a hearing is set and your attorney and the prosecution make arguments in front of a judge.

In many cases, this does lead to a new trial. That will happen if the appellate court finds there is reason to overturn the case and remand it to a lower court for a new trial. This does not always happen. To ensure you get a post conviction appeal, work with an attorney who has extensive experience in this area of the law. Doing so could help you to prove your case.

Confidence in your post conviction appeal albuquerque can be a difficult task. Finding out your options is easy after visiting http://www.justappeals.net/.

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Bankruptcy And The Frozen Bank Account: Keep Your Money On Deposit Safe

When deposit account holders write a check or make a withdrawal, they may believe that they are accessing their own money, but that is not precisely true, for important reasons. What is actually happening is that the account holder is making demand upon the bank to pay over sums up to the amount on deposit. Viewed in this light, the bank balance really represents a debt owed by the bank to the account holder. Banks hold plenty of cash, but if every deposit holder were to withdraw all their funds at the same time the banks may not have enough to satisfy all these demands. Recognizing that banks can't maintain such 100% liquidity, the law has developed this debtor/creditor approach to deposit accounts.

This approach becomes vitally important when viewed under the doctrine of setoff (also called offset). Setoff happens when two people or entities owe each other debts. Instead of requiring one side to pay the other and then collect the money back, either of the debtor/creditors can simply say "you don't have to pay me all you owe; I'm setting off what I owe against your debt to me." The other party usually can't protest when the right of setoff is being exercised if the right is built into the transaction or under the law.

The classic setoff relationship is when a depositor owes money to their bank, under a mortgage, credit card or line of credit. When that happens, if the depositor is in default under the debt, under the right of setoff the bank can seize any money in the bank account and apply the funds taken to reduce the debt. This right of setoff will usually happen without any warning or notice to the account holder.

It doesn't take much imagination to see that when the bank exercises its setoff rights the result is usually great inconvenience or hardship to the account holder. If there's a default the depositor is usually insolvent or facing other financial distress. Losing access to cash on deposit may mean that other bills or necessary expenses can't be paid. Even though these results may seem severe, the bank is completely within its rights to exercise this setoff. This is why clients seeking financial advice must be mindful to inform their advisors that they are holding money in banks who are their creditors. It is also why banks will exercise their setoff rights promptly if they believe their customers may be getting ready to prefer other creditors with the cash on deposit.

Debtors cannot seek protection from their banks by filing for bankruptcy. The Bankruptcy Code specifically preserves setoff rights and the US Supreme Court has ruled unanimously that applying an administrative freeze to prepare for setoff does not violate the automatic stay in bankruptcy. As a result, immediately upon learning of the bankruptcy filing by an account holder, a bank may administratively freeze a bank account. Under the debtor/creditor approach to bank accounts, this means that the bank will refuse to honor an account holder's demand for payment of a check or withdrawal of funds. This refusal to pay on a debt is not by itself considered a setoff. That won't happen until the bank files a motion for relief from the automatic stay and the bankruptcy court grants that motion. Once that happens, the bank will make a book entry by (1) reducing the amount considered on deposit and (2) applying that amount to reduce the debt owed to the bank. At that time, the funds are forever removed from the reach of the account holder.

Insolvent debtors need to understand the perils of leaving money on deposit with their creditor banks. They should expect that a bank can and will exercise their setoff rights and deprive them access to their cash, usually at a time they can least afford it.

On the other hand, banks and credit unions should anticipate that their debtor customers will seek legal advice that will result in depletion of their bank accounts to defeat their setoff rights. The best way to protect these rights is to closely monitor customers' payment patterns to better understand whether a pattern of late payments is developing. If so, an early exercise of setoff rights may preserve a collection opportunity that may soon be lost forever.

Ronald J. Drescher is an attorney practicing bankruptcy and creditor's rights in Maryland, Delaware, Virginia, Pennsylvania and California.

Please visit our website:

http://www.drescherlaw.com/

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The Foreclosure Law Help You Need

Foreclosure law is complex, to say the least. All you know is that you do not want to lose your home. You have put a lot of money and heart into this place and you want to keep it. Is it possible? What can be done? Those who are facing the potential of losing their property may find that there is legal help available to them that they did not know about. There are options in many cases. Consider what may be possible.

Legally Stop the Process

One reason to turn to an attorney when it comes to foreclosure law is because the attorneys can help you to find loopholes and limits that can allow you to stop the process altogether. If the lender did not take the right steps or there was a missing notification sent to you, then it may be possible to simply stop the process. Let the attorneys help you to find a way to stop this proceeding, but to do so you need to give them time.

Consider Modifications and Amendments

What do you need to get caught up on your loan payments? If you have no way to make payments, it is unlikely you can save your home. If you do, but you need help being caught up, allow an attorney to help you to get the loan modification or amendments you need. Sometimes, lenders will agree to add the missed payments to the end of the loan, lengthening it but helping you to get caught up.

Selling It

Sometimes, the best thing you can do to protect your credit is to sell your home. If you can sell it fast enough at a price that is worthwhile, you may even be able to use those funds to purchase a new home. You may also be able to refinance your loan with a new lender if you can afford to pay the closing costs. If this does not work, a short sale may be an option. Here, the lender agrees to accept less than what is owed on the home to sell it to buyers. The process may be long, but it can help you to get out from under the debt.

Want to Get Your Home Back?

In some states and in some cases, it is possible to use the laws of that area to get your home back even after foreclosing actions are taken. Work with a legal team that specializes in foreclosure law to find out if you can get your home back.

If you're looking for a Stuart FL foreclosure law specialist to help you keep your home, consider the skilled and experienced attorneys at http://www.treasurecoastforeclosurelawyers.com/.

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How to Prevent Foreclosures

No homeowners enjoy being threatened with foreclosures. When some people think of this subject, they begin to get disheartened and discouraged. This is especially true for those who are in the process of having their home taken away from them. Because of the unfortunate nature of these situations, some people shy away from buying homes altogether. They would rather rent a home or an apartment instead. Although there is nothing wrong with renting space, people shouldn't allow their fears of having their property taken away force them to rent if they really don't want to. All they have to do is face their fears and do everything in their power to prevent this type of thing from happening.

The first thing someone could do to avoid foreclosures is to make sure they choose a home that is safely within their price range. Many times people become overly excited about the prospect of owning a new home. Therefore, they try to find something that fits every single one of their desires. Unfortunately, for some people the "perfect" home ends up being at the top of their budget.

For instance, imagine a couple approved for a $250,000 home loan. After finding out about their loan approval, they go out and search for a home that is basically the same price of the loan that they have been approved for. This isn't a wise decision. They haven't given themselves any financial breathing room. What happens if one of them ends up losing their job? What happens when another unexpected expense arises? The best bet would have been to purchase a home that cost $200,000 or even $175,000. Depending on the area they are looking in, they can find a great home within these price ranges.

Another way to prevent foreclosures is for homeowners to be financially stable before purchasing a home. Being financially stable doesn't necessarily have anything to do with how much money they pull in every month. It has more to do with how much money they have stashed away in places like savings accounts. Having just $10,000 put away could be a great help. This would come in handy if they were to ever run into financial woes that caused them to be short on their home payments.

There's more to purchasing a home than being approved for a loan and going out on a thorough search. Making wise and responsible decisions before the home is purchased will go a long way in preventing foreclosures.

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Hire A Personal Injury Attorney To Fight Insurance Companies

A personal injury attorney is a professional with the ability to help you to fight off insurance companies. Often, if an individual is involved in an accident, the insurance company steps in to provide the liability protection necessary to ensure the individual is not made to suffer as the result of someone else's negligence. However, the job of an insurance company's agent is to keep costs low. This may mean not providing you with a fair settlement for your claim. That is when you need a legal professional on your side to help you through the process.

Don't Settle Outright

Often, an insurance company will encourage you to settle a claim right away. After all, you want to get your car repaired and your medical bills taken care of. Why not settle right away? The problem is, it can take months for you to realize all of the loss you have suffered as a result of this incident. If you do not take the time to wait for all of these costs to be realized, you could lose money.

Some of the most common losses not accounted for on initial claims include lost time at work, lost mobility or function, pain and suffering, and long-term disability or medical care. Before you make this mistake, work with a personal injury attorney to find out what is really an option for you. Often, you can get the funds you need upfront and get additional funds if you need them, but this requires proper legal structuring.

Bullied Into Submission

Sometimes, agents can make you feel like you have to take the offer they are giving you or you will miss out. While there are statutes of limitation in most types of cases like this, they are often a year or more away. However, your claim settlement amount should not be based on the length of time it takes to file the claim or agree to the terms. Work with a lawyer to ensure you get a fair settlement that covers your costs.

Going to Court

In some cases, it can take going to court to prove your case. With the aid of a lawyer, you will not have any trouble getting the type of help you need. The lawyer will work with you to determine if this is necessary. They will show you how to proceed if it is.

Can you afford not to hire a personal injury attorney? With the insurance companies having high-powered attorneys working for them, you do not want to miss out simply because of your lack of experience. The right lawyers can help ensure you get the results you want and help you deserve.

When looking for a Teaneck NJ personal injury attorney to help you get the compensation you deserve, consider scheduling a consultation with the trusted professionals at http://www.arijacobsonlaw.com/.

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Commercial Property And Security Of Tenure

If you are considering a lease of commercial property, one of the conditions that is often imposed by a landlord is a request to "opt out" of the protection given under Part 2 of the Landlord and Tenant Act 1954. When this Act was first passed it was not possible for your landlord to ask you to opt out, but following a change in the law this was amended to allow an opt out but only with the permission of the Court.

Now, however, further changes have been made to the law with the result that the only alert you may receive to the fact that your landlord is removing the protection is a "health warning" contained in the formal notice your landlord serves on you. Opting out of Part 2 protection has massive significance for tenants and is a hugely important step. It is therefore one you should only agree to with full knowledge of the protection that you are signing away.

Under Part 2 you are given "security of tenure" of your commercial lease. Put simply, if you have a five year lease then when it ends your landlord must grant you a new lease on similar terms. You can then continue your business in the same location. There are provisions that will allow your landlord to remove you, including breaches of the lease, non-payment of rent or your landlord needing to redevelop the premises. Unless your landlord is able to prove these circumstances exist, however, your security of tenure is assured.

By signing an opt out of Part 2 when you take on the lease, you give away this security. The result of this is that when your lease ends, your landlord is perfectly entitled to ask you to leave the premises. If your business has been built on being in a specific location then moving will be financially detrimental to you. Alternatively your landlord could instead insist you pay a much higher rent for the grant of a new lease, knowing that if you do not you will lose out financially. The opt out gives your landlord the upper hand when negotiations for a new lease take place.

So as can be seen you should never agree to opt out of Part 2 protection lightly and certainly not without fully understanding its effect. At the very least you should not 'give away' this protection, and it is always worth negotiating a more favourable lease or rental if your landlord insists that he or she will not give you Part 2 protection.

Are you are looking for expert commercial property solicitors in hull? Talk to Myer Wolff Solicitors In Hull. Ashley Easterbrook is a partner in the firm's private client department.

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Significance of Hiring the Services of an Accident Attorney

All of us are aware of the fact that life is quite whimsical and you never know what is going to happen next. At any moment of your life, you may meet some mishap and a car accident is one of them. If you meet with an unfortunate car accident, it may cause you physical, mental and financial loss. In case you meet with an accident due to the negligence of a second party, then it's your legal right to get the due compensation. But getting your due compensation is not as easy as it sounds because of the legal complications involved in it. So, it is always better if you hire the services of an efficient and professional car accident attorney, who have created a niche for him in the market.

He will be able to represent you quite well in the court of law given that they are specialized in dealing with complex legal procedures involved. Hiring these services will aid you to get the compensation which you are entitled to receive. Whilst dealing with your case in the court, you are required to consider some of the things beforehand. At first, it is quite vital that you maintain photos of the injuries, the damages your vehicle have received, the records in hospital and most importantly the names and contact details of all the witnesses. Maintaining track of these aspects will help you a lot to get due advantages in the court of the law.

You must have noticed that the number of accidents involving cars is increasing at a fast rate and you are required to take care of many things in the court to win the case. It is always beneficial to hire the services of an experienced car accident attorney, even if you have to shell out some extra amount of money. They will be able to give you much better services as compared to a lawyer who is a fresher and inexperienced in this field. Taking their services may be somewhat costly but its worth it for sure. One more added benefit of these accident attorneys is that, in case if you do not get a settlement or other compensation, you need to pay to your car accident attorney.

A qualified and capable will help you get compensations for the damages which have happened, whether it is physical, monetary and emotional. You deserve settlements for your medical bills, the amount of salary you have lost during the improvement procedure, property damage which involves repairing or replacement of your car parts.

A knowledgeable and proficient car accident lawyer will constantly try their best fight for you in the court, and attain success in getting the compensation that you deserve. Because of the reason there are many car accident lawyer, you may get confused about whom services to hire. So, in such a case asking for referrals from the people who have the past experience in hiring a lawyer will be beneficial for you.

Liever,Hymen & Potter has a team of professional and qualified Wrongful Death PA which offer very good services to the clients. Hire its services and avail the advantages.

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Where To Find Public Divorce Records

Offline Sources Of Public Divorce Records

'Happily ever after' isn't always the case with marriages, and when divorce occurs, it's important to have a it officially documented. State government offices, court houses, and sometimes health departments, maintain and issue public divorce records. Exactly where to find these documents will depend on the state, but typically all courthouses in the county where the dissolution of marriage was granted will have the record on file.

The level of public access to divorce information is affected by state laws. Basically, a state is either "open records" or "closed records" in who can access a divorce file. In "closed records" states, usually only the persons named on the documents and their immediate families can access a particular record. Of course, authorized agencies and legal representatives will also usually be granted access, although they may have to supply a valid reason for requiring the information and/or the signed release of one of the persons named on the dissolution of marriage document. Also, "closed records" in many of these states are "opened" after a specified number of years, usually 50. In "open records" states, typically anyone is allowed to view a public record including those of divorce unless it is sealed by the court or restricted under security or juvenile protection.

Online Sources Of Public Divorce Records

Online access of public divorce records is popular today as there is then no need to go to a courthouse or state office in person or to deal with lengthy mail order waits. But, it is crucial to be wary of where to find them online. Only a professional records provider's website should be accessed in order to receive accurate record searches. Some information provider search sites advertise that everything is free, but do actually charge for their services -- so, don't be fooled. When looking for divorce records online, a professional records provider with informative details about how to do a record search should be sought out.

Since the laws regarding the request and viewing of public records differ widely between the different states including those pertaining to divorce, a professional records provider should have the required information needed to find a record in a particular state. The search form on the website should be simple and secure, yet designed for searching accuracy. Although where you turn to in accessing information on people's divorce history is crucial, it is also important that the correct spelling of both names on the dissolution of marriage document be spelled correctly to ensure accurate results.

If you want to know Where To Find Divorce Records, you can find official accurate record information at Public Divorce Records.

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