Claiming Bankruptcy

The Form 22 “means test” is one of the most complicated documents in bankruptcy. Form 22 determines how much, if any, debtors can afford to repay to their creditors after they have decided to claim bankruptcy. If the debtors’ income is under the median for their household size, calculation of Form 22 is not required. Debtors are also exempt from Form 22 if the majority of their debt is non-consumer debt. In those situations, the repayment is determined by their monthly income and reasonable monthly expenses, without consulting Form 22.If a debtor’s gross income is above the median, the Form 22 Means Test must be computed. Form 22 is complicated and very difficult to compute without a working knowledge of how the form works. Generally speaking, Form 22 objectively determines if and how much debtors can afford to repay their creditors. Recent changes in income, large tax refunds, earned income tax credits, and high mortgage and property tax expenses can cause difficulties in calculating Form 22.

This calculation is complex and should be left to a bankruptcy lawyer. Form 22 generates two numbers. The first number is the debtor’s average gross income over the last six full calendar months. Gross income is determined by one’s paycheck, business profit/loss for self-employed debtors, rental income, unemployment benefits, retirement benefits, and generally almost every other source of income. The second number is the allowed deductions. The allowed deductions are based on household size and determined in part by the IRS national standards for household utilities, food, clothing, household supplies, personal care, and the like. They also include deductions for the following items: For more information about Bankruptcy Attorneys San Antonio click here

Mortgage payments and property taxes (if greater than the standard rent allowance).
Healthcare expenses, such as co-pays and prescription costs.
Cost of operation for vehicles, public transportation costs, and an allowance for car payments.
Payroll taxes and involuntary payroll deductions like union dues.
Term life insurance for dependents.
Court order payments (typically the child and spousal support).
Educational expenses for a physically or mentally challenged child.
Childcare expenses, such as babysitting and daycare.
Health insurance, disability insurance, and healthcare savings account.
Support of elderly or disabled individuals.
Some educational expenses for children under 18.

Once the calculation is completed, the difference between the income and deductions must be repaid to GUC over the course of five years. For example, if the gross income averages $5,000 per month and the allowed deductions total $4,700 per month, then the creditors must receive a total of $18,000 ($300 x 60 months). For assistance with the means test, seek proper bankruptcy advice.

Accident Attorneys – Personal Injury Law

At the very least, accidents are traumatic. So much is happening and there is so much you need to do. The Department of Motor Vehicles (DMV) hopes this information will help you. Keep this information in your vehicle just in case you find yourself in an accident.

Man fastening seat belt in car

Were You Wearing Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in at least one traffic accident during their lifetime. The chances of being injured or killed are greater than you might think. About one person in three will be injured or killed in a traffic accident. The best thing to increase your chances of surviving is to always use seat belts. Remember, you must wear both your lap and shoulder belt if the vehicle is equipped with both, even if the vehicle is equipped with airbags.

You and any passenger age six or older or who weighs 60 lbs. or more must wear a seat belt while the car is moving. If not, you may be given a traffic ticket. Also, you will be given the ticket if your passenger is younger than 16. A child passenger restraint system is required for any child under the age of six or who weighs under 60 lbs. Either a seat belt or a child passenger restraint system may be used for each person age six or older or who weighs 60 lbs. or more. 

Here are some additional tips for using a child safety seat:
The back seat is generally the safest place in the car for children 12 years old or younger. 
Babies up to 20 lbs. and about age one should ride in a safety seat secured to the back seat facing the rear of the car. Babies should not be placed facing forward or backward in the front passenger seat if the vehicle has a passenger-side airbag. 
Toddlers over 20 lbs. and about age one should ride in an approved safety seat in the back seat.

Common Causes of Accidents

Some of the common causes of accidents are:

Unsafe speed 
Driving on the wrong side of the road 
Improper turns 
Violation of the right-of-way rules 
Violation of stop signals and signs 
Numbered Traffic Lanes

When news stations report accidents, they refer to numbered traffic lanes. The left lane is the “No.1 lane.” The lane to the right of the No.1 lane is the No.2 lane, then the No.3 lane, etc. Here is an example.

If you hear of an accident, try to avoid driving near the accident. Take another route, if you can. If you must drive near an accident scene, do not slow down or stop to look–you may cause another collision. However, drive carefully and watch for people in the road. Always obey any order from a police officer or fire fighter even if you must ignore normal traffic laws or signs.

When You See An Accident

If you are the first person at an accident scene, pull completely off the road, away from the accident. Emergency personnel must be able to see the accident and stop next to it for easy access to injured persons. Check to see if anyone is injured. Also, search the area for victims who may have been thrown from a vehicle. They may be hidden in grass or bushes. 
Call 9-1-1. If another person stops to help, ask that person to call 9-1-1. The person calling 9-1-1 must be ready to answer questions and provide information, such as the location of the emergency (cross streets, freeway on/off ramp information) and how many people need help (is anyone bleeding, unconscious, or without a pulse). Don’t hang up! Let the emergency dispatcher hang up first. 
If possible, use flares or emergency triangles. However, if there is a gasoline leak or fumes do not use the flares and don’t smoke! 
Help anyone who is not already walking and talking. However, do not move an injured person unless he or she is in a burning vehicle or in other danger. Moving someone incorrectly often makes an injury worse. 
Move the vehicle(s) involved out of the traffic lane if it is not disabled. Turn off the ignition of wrecked autos. Again, don’t smoke! Fire is a great danger. 

Involved In An Accident?

If you are involved in an accident—STOP. If you don’t stop, you may be convicted of “hit and run” and could be severely punished. Also, someone could be injured and need your help. You must show your driver’s license, registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to any peace officer. If your evidence of financial responsibility is insurance, you must provide the company name and address as well as the policy number to avoid a citation and $250 fine.

You or your insurance agent, broker, or legal representative must make the following reports:

If someone is killed or injured, report the accident to the police or highway patrol within 24 hours of the accident.

 
Also, report the accident to the DMV, if there is more than $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed. The accident report form (SR 1) is available at DMV or highway patrol offices. The SR 1 report is required in addition to any other report made to the police, highway patrol, or your insurance company. 
If you hit a parked vehicle or other property, try to find the owner. Identify yourself before you leave. If you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle you are driving) in the vehicle or securely attached to it. Report the accident without delay to the city police or, in unincorporated areas, to the highway patrol. 
If you kill or injure an animal, pull over to the side of the road and stop. Try to find the owner. If you can’t find the owner, call the nearest humane society or call the police or highway patrol. Do not try to move an injured animal and never leave an injured animal to die. 

How Much Insurance?

You must be financially responsible for your actions whenever you drive and for all motor vehicles you own. If not, you are driving illegally. Most drivers choose to have an automobile liability insurance policy as proof of financial responsibility. If you have an accident not covered by your insurance, your license will be suspended. If the driver is not identified, the owner of the motor vehicle involved will have his or her license suspended.

The minimum amount your insurance must cover is:

$30,000 for a single death or injury. 
$60,000 for death or injury to more than one person. 
$25,000 for property damage caused by one accident. 

DMV Accident Reporting

Each driver or the driver’s insurance agent, broker, or legal representative must make a report to the DMV if someone is killed or injured (no matter how minor the injury) or property damage is over $750. This report is required whether you caused the accident or not and even if the accident occurred on private property. Report the accident within 10 days on the SR 1. You can get this form from any DMV or highway patrol office. You can also download it from DMV’s web site (wwwTXDMV.gov).

Using the information you give in the accident report, DMV may ask the insurance company to verify that you had coverage in effect at the time of the accident. If you did not have the proper insurance coverage, your driving privilege will be suspended for one year. To get your license back, you will need to provide proof of financial responsibility and maintain it for the next three years.

Every accident reported to DMV by law enforcement will show on your driving record unless the reporting officer says another person was at fault. Every accident reported by you, or another party in the accident, will show on your record if any vehicle involved has over $750 in damage or if anyone is injured or dies. It does not matter who caused the accident. The law says DMV must keep this record.

Accident Recap
The following information will help you complete the SR 1 form. (Keep it in your glove box.) Do not use this information to replace the SR 1 form.

Your insurance company name/policy # 
Date & Time of Accident 
Location of accident 

NOTE: You must give your current address and show these documents to any peace officer or person involved in this accident:

Your driver license 
Your registration card 
Evidence of financial responsibility 
Your insurance company name/policy # 
You must give your current address 

Other driver information:

Driver’s date of birth 
Driver’s DL #/State 
Driver’s name & address 
Driver’s license plate #/State 
Driver’s insurance company name 
Policy # and expiration date 
Policy holder’s name & address 
Vehicle owner’s name & address 
Injuries or property damage 

Contact our Accident Lawyers if you have ever experienced a personal injury and think others are at fault for the accident. 

Traumatic brain injury is one of the most devastating conditions a family must deal with. If you or loved one has been injured in a catastrophic truck or car crash, it is critical that you receive the medical care you need now and down the road.

At the Law Offices we have ample experience with head injuries and brain damage accidents. We devote our entire practice to personal injury, and only personal injury. When you need a skilled lawyer, contact a Las Vegas brain injury attorney at our firm.

Serious Injuries Warrant Serious Counsel

Because the brain controls all motor and thinking functions, it is important to care for all head injuries promptly, even those you might consider minor. When the brain is bruised, it swells, which leads to increased pressure and potential additional injury.

Even minor traumatic brain injuries, also called concussion, lead to headaches, confusion and problems balancing. When medical professionals diagnose moderate to severe traumatic brain injury or TBI, symptoms often include vomiting, convulsions and headaches that don’t go away.

If a loved one has suffered TBI, a Las Vegas brain injury attorney can help. Our primary goal is to help you win the compensation you need for the following:

• Present and future medical care costs, including surgery and prescription medications
• Rehabilitation and therapy to relearn motor skills
• Job training and life skills training
• Adaptive equipment for your home

Our attorneys can help you or your loved one get the medical care and support needed at this critical time. We have access to a professional life care planner, who can help you work with doctors to create a comprehensive care plan, and provide expert testimony. Our attorneys also negotiate hard with insurance companies to make sure you get what you need. If that fails, we protect your rights in court, and fight hard.

Contact a Las Vegas Brain Injury Attorney

We accept cases on contingency. That means that you don’t pay any attorney fees unless we win money damages for you. We believe you have the right to hold the negligent party responsible, and we will pull out all the stops to pursue litigation when necessary.

Free Consultations

Contact us today for your free consultation.