File Bankruptcy Yourself

Beyond having the necessary information, there are documents that are required be provided to the court and to the bankruptcy trustee should you decide to file bankruptcy yourself. The additional items are generally divided into two groups: (1) Items that are absolutely necessary; and (2) items that are strongly recommended to have on file. There are some items that are absolutely necessary. Generally speaking, debtors must provide three items in addition to all the information. These items are:

(1) Paycheck stubs for the last 60 days (for debtors who draw social security benefits, a simple signed statement or affidavit may suffice, depending on the practices of the jurisdiction);

(2) A copy of the debtors’ most recent federal tax return (four years’ tax returns for Chapter 13); and

(3) The debtors must take a pre-filing credit counseling class at least one day prior to filing for bankruptcy.

Most Chicago bankruptcy attorneys will also want the fee paid in full prior to filing, for a variety of reasons.

There are some items that are strongly recommended: the following is a list of things that are recommended to have on hand prior to filing a given bankruptcy case. Some of these items are bankruptcy basics and some of them are case-specific and may be necessary in some situations.

Written market valuations or appraisals for any property that can potentially have equity.
Bank statements for the last few months.
Written appraisals or valuations for vehicles or personal property that may have equity (such as jewelry or antiques).
The first monthly plan payment in a Chapter 13 case, to be forwarded to the Chapter 13 trustee.
Six months of paystubs (to properly calculate Form 22 in means test cases).
HUD or closing statements for all properties sold or transferred within the last four years.
Copies of all lawsuits or court documents filed against the debtor.
The names and contact information for any attorney handling a debtor’s lawsuit or claim for potential money damages (personal injury or workers’ compensation).
Business records and profit/loss statements for self-employed debtors.
Whichever chapter you wind up filing under, make sure that know all of your bankruptcy options. Every case is not one of Chapter 7. Sometimes a case can start out as a Chapter 13 and be later converted to a Chapter 7. If you are filing pro se, the court, the trustee and the clerk’s office will expect that you file with the same skill as if you were represented by counsel. Please visit our website:
More information here:http://www.sanantoniolegalexperts.com or on this website

In criminal cases, a victim of a crime does not sue, but rather the State (plaintiff) sues the person allegedly committing the crime (defendant), and the victim becomes a witness in the case.

What is a criminal case?

A criminal case is one in which the local, state or federal government brings an action (lawsuit) in the name of all of its citizens. The plaintiff is the government agency, and it is acting on behalf of the people. The government is represented in court by the local state attorney or the U.S. attorney, depending upon whether the alleged crime is prosecuted in state court or federal court.

Who are the defendants in a criminal case?

In a criminal case, the accused, also known as a “defendant,” is charged with a crime against society — that is, a violation of the laws regulating our conduct, such as murder, assault, conspiracy, theft, DUI, vandalism, robbery, etc. In addition, less serious conduct such as driving without a license may also violate criminal laws.

How does a criminal case proceed?

In a criminal case, the prosecutor or a grand jury decides whether to start proceedings. If a defendant is found guilty, the punishment can be: fines, reimbursement to victims, attending classes to educate the offender on avoiding similar behavior, attendance at drug or alcohol counseling, probation, jail and/or prison. The punishment depends on the circumstances and the type of crime. In cases involving murder where the state has decided to pursue the death penalty, the punishment could be a death sentence and ultimate execution.

What is the burden of proof in a criminal case?

In criminal cases, because the person charged with a crime (defendant) is presumed to be innocent until proven guilty, the prosecution must prove the case “beyond a reasonable doubt.” This does not mean beyond all possible or speculative doubt, but it does mean the court or jury must have an abiding conviction to a moral certainty of the truth of the charge. Because a person’s liberty and freedom are at stake, the standard for prosecutors proving the case is necessarily a higher burden than the proof required in a civil case.

Who gets to testify in a criminal case?

In criminal cases, the testifying witnesses are just a bit different because a criminal defendant (the accused person) cannot be forced to testify. The accused has the right to remain silent at all stages of the criminal case, from arrest through trial, and also to be represented by an attorney appointed by the court and without charge if the person doesn’t have the means to hire an attorney. In criminal cases, the accused has many rights that defendants in civil cases do not have. Again, this is due in part to the fact that a criminally accused person may lose liberty or freedom and be required to go to jail or prison.

Child Custody & Visitation Rights

Dealing with issues involving custody of children and visitation rights could possibly be the toughest situation both parents face from an emotional and legal viewpoint. When divorcing parents can agree on these problems the end result is always better for the children since it is about cooperation when raising children. Parents of children are going to be working together for a very long time as it is very important to be able to get along and agree on decisions for the children. Having said that, it’s not always possible for both parents to come to an arrangement that everyone is completely comfortable with at all times. If one parent is not prepared to be reasonable, at times they’ll need the family courts of California to settle the disputes.

There are two main forms of custody are physical custody and also legal custody. Legal custody is regarded as the ability to make primary life considerations for the child; these decisions would include education, medical care, extracurricular activities along with religious training. Legal custody is almost always joint, which means both parents get the authority to engage in the considerations of the children and both parents will need to talk about and decisions they decide on for the children.

Physical custody is considered the right to have the child live together with you. Each parent or guardian will be eligible for a certain amount of parenting. The prime physical custodian is the parent that receives the most parenting time. Physical custody can be joint, that means equal, if the parents can consent to splitting the parental time evenly but this arrangement is rarely directed by the court without an agreement of the parties involved.

Visitation rights usually include the other custodian parent receiving weekend visitation rights coupled with holiday and summer parental visitation time. The family courts will certainly provide more parental time whenever partners can come to an agreement to give the parent with visitation rights, more access to the children involved in the divorce.

The Factors Involved with Custody and Visitation Deliberations

When both parents can’t come to an agreement on who gets physical custody and how the visitation rights should be worked out, the family law courts will look at factors like the length of time the children spent with each parent prior to the divorce, what roles each parent participates in the lives of the children and also the conduct of each parent. The courts will want there to be as little change in the child’s life as possible hence the legal courts might want the children to settle with the parent or guardian that has normally been the actual caregiver for the longest period of time, however if this is shown to be detrimental to the well being of the children the courts will provide alternative solutions.

The family law courts will always try to find the best solution for the children involved in the case, even if the decision are only favorable to one parent. The courts will not make judgement on whether they favor the mother or father to retain custody, they will treat each case individually.