New York State Bankruptcy Exemptions Vs Federal Exemptions

People contemplating bankruptcy always tend to wonder what are they able to keep if they file for bankruptcy. It's an important question that one should think about if they are considering bankruptcy. In New York, a debtor considering bankruptcy will need to decide between claiming property exemptions under state or federal law.

Contrary to what many people believe, there are many assets a person can keep despite filing for bankruptcy. These assets that a person does not have to relinquish to creditors are called exemptions. There are different exemptions that New York State Law provides that are different from Federal Law. A person must decide between state or federal exemptions. You can not mix and match the state and federal exemptions. It must be one or the other.

New York State law allows people in debt to keep a large portion of equity in their homes. Debtors can also opt for a reasonable wildcard exemption under Federal law that can be applied to almost any asset.

Bankruptcy laws are complicated. There are many exemptions and exceptions to rules both on a Federal and State level. Although a person can file for bankruptcy on their own, it's a good idea to consult an experienced bankruptcy lawyer before making any decisions. A bankruptcy attorney can provide experienced advice and better equip a debtor to make the right choices for their own situation. A a person filing without the assistance of a bankruptcy attorney may not know logistics behind the different exemptions.

Here are some examples of assets that can be protected in Chapter 7 and Chapter 13 bankruptcy.

Under New York State Law, a debtor can keep:

a portion of the equity in their home. $150,000 for property in the New York downstate area for a single filing, $300,000 for a joint filing,equity in their vehicle worth up to $4000. If the car is equipped for a disabled person, they can keep $10,000,most household items and other personal property such as furniture, TV, radio, kitchen appliances, clothing, a computer, a cellphone, a wedding ring,$5000 either in a bank account or in cash as long as the homestead exemption is not taken, andmost retirement accounts, pensions, and life insurance.

Under Federal Law, a debtor can keep:

up to $21,625 of the equity in their primary residence home,equity in their vehicle worth up to $3450,most household items and other personal property such as furniture, TV, radio, kitchen appliances, clothing, a computer, a cellphone, a wedding ring,certain retirement accounts such as, pensions, and life insurance, anda wildcard exemption of up to $11,975 ($1,150 of any property plus $10,825 of unused home equity exemption)

Determining what you're able to keep when filing bankruptcy in New York can be complicated. There are many laws and options to choose from when considering state vs federal exemptions. Navigating a bankruptcy filing without an attorney can be a costly mistake. A knowledgeable New York bankruptcy lawyer will better understand the differences between federal and state laws. They will be able to provide experienced advice that can help a debtor better position themselves for financial recovery.

Dylan Panitz writes legal related articles for The Law Offices of David I. Pankin P.C., a Brooklyn bankruptcy lawyer. Visit David Pankin's website for more information about obtaining a bankruptcy in New York.

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Help for Homeowners Facing Foreclosure in WA State - Washington Foreclosure Fairness Act (FFA)

Have you heard about the Washington Foreclosure Fairness Act (FFA)?

If you are a homeowner facing foreclosure on your home in Washington State you may be able to benefit from the Washington Foreclosure Fairness Act or FFA.

The FFA is a Washington State specific legislative Act which provides homeowners facing foreclosure an alternative to foreclosure, short sale or mortgage modification called mortgage mediation.

Included in your "Notice of Pre-Foreclosure Options" letter from your mortgage lender is an option to request a face to face meeting with your mortgage lender or bank to discuss your mortgage foreclosure situation.

The purpose of meeting with your lender is to discuss options for mortgage modification prior to going to mediation. During this process the homeowner can request a mortgage mediation. You cannot request a mortgage mediation on your own, it has to be requested by a HUD Counselor or an attorney. When mortgage mediation is requested it puts a stop to the foreclosure process pending the outcome of the mediation.

When you receive the "Notice of Pre-Foreclosure Options" you have 30 days to respond and request mortgage mediation. If you don't respond within the 30 day window the mortgage holder can proceed and issue a "Notice of Default" which is the next step in the foreclosure process.

The third step in the foreclosure process is the "Notice of Trustee Sale" which can be issued any time 30 days after the "Notice of Default."

Once the "Notice of Trustee Sale" is issued the homeowner forfeits any right to request a mortgage mediation and the home will proceed to foreclosure.

Under the current Washinton Foreclosure Fairness Act - FFA when a mortgage mediation is requested the foreclosure process is stopped until the lender meets with you, your attorney and the mediator. The mediator is usually an attorney or retired judge but may be a mediator approved by the Department of Commerce.

At the mediation the lender will be represented by an attorney but must have a representative of the mortgage company either present or available by phone with the authority to authorize a mortgage modification or other solution. The homeowner is represented by their attorney at the mediation.

The goal of the mediation is to work out a loan modification, timeline for a short sale or other possible alternatives to foreclosure. You do not have to commit to any of the options prior to the mediation and may decide which option works best for you based on the outcome of the mediation.

The mortgage lender is required to be represented at the mediation in order to proceed with foreclosure on your home.

Ten days prior to the mediation both the homeowner and mortgage lender are required to provide certain documentation.

If you are a Washington state resident facing foreclosure on your home and you are wanting to modify your mortgage with your lender and remain in your home then mortgage mediation may be an effective solution for you.

If you have questions regarding the mortgage mediation process and whether or not it is a viable solution for you, contact Advantage Legal Group.

Advantage Legal Group provides Foreclosure Defense Services in Washington State including Mortgage Mediation, Mortgage Modification, Short Sales and Bankruptcy.

Working with an Attorney that is also a licensed real estate broker can provide unique advantages during a foreclosure mediation negotiation or negotiating a short sale with a mortgage lender.

Contact Advantage Legal Group to learn more about the Washington state Foreclosure Fairness Act (FFA) and how this law may benefit you in your mortgage mediation.

Visit: http://www.advantagelegalgroup.com/ or call 425-452-9797

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Documents Which Must Be Filed in Texas State Trial Courts to Preserve Error for Appeal

Preservation of error is more than simply shouting "Objection!" Lawyers must file certain documents in Texas state trial courts to preserve error for appeal. Here are ten of the most important such documents:

1. Special appearance - If your client is not a resident of Texas and has not had "minimum contacts" with Texas, but is nevertheless sued in Texas, you must file a special appearance to contest the court exercising personal jurisdiction over your client. You must file the special appearance before filing an answer, motion, or any other pleading. A special appearance must be verified.

2. Motion to transfer venue - If your client is sued in an improper county, you must file a motion to transfer venue. You must file the motion to transfer venue before or concurrently with the filing of answers, motions, or any other pleading except a special appearance.

3. Motion asserting forum non conveniens - If your client is sued in Texas, but a court outside of Texas has jurisdiction over the case and is a more appropriate forum, you must file a motion asserting forum non conveniens. The Texas Legislature has codified the common law principle of forum non conveniens, but has done so only for personal injury and wrongful death cases. In personal injury or wrongful death cases, you must file the motion no later than 180 days after the deadline to file a motion to transfer venue. For all other types of cases, the common law still applies, and the motion is timely as long as it is filed before trial.

4. Motion for continuance - If your trial setting is on a date before you will have been able to complete discovery, you must file a motion for continuance supported by an affidavit. Among other things, the affidavit must show that the discovery is material and that the movant was diligent in seeking the discovery. Although there is no state-wide deadline to file a motion for continuance, such a deadline may be imposed by local rules. For example, Bexar County civil district court Local Rule 3.18(C) provides that the motion must be filed fourteen days before the trial setting or at the pre-trial conference, whichever comes first.

5. Motion seeking judge's recusal - If the judge should be recused, you must file a motion for recusal. Texas Rule of Civil Procedure 18b(2) lists situations in which a judge should be recused. You must file the motion at least ten days before the hearing or trial from which you would like the judge to be disqualified or recused. When the judge is assigned to the case less than ten days before the date of the hearing or trial which he is scheduled to conduct, you must file the motion ASAP. Similarly, when the basis of recusal is not known until less than ten days before the date of the hearing or trial, you must file the motion ASAP.
The motion must be verified.

6. Motion to remove attorney - If your opposing counsel has a conflict of interest, you must file a motion to have him or her disqualified. You must file the motion without much delay. However, there is no bright-line test for determining how much delay is too much delay.

7. Plea in abatement - If your client is sued by a plaintiff who does not have the capacity to sue, you must file a plea in abatement. Similarly, if your client is sued but does not have the capacity to be sued, you must file a plea in abatement. If your client is sued while a substantially identical case is already pending between your client and the plaintiff, you must file a plea in abatement. Finally, if your client has been sued, but other necessary parties have not been sued, you must file a plea in abatement. You must file the plea without much delay. However, there is no bright-line test for determining how much delay is too much delay. In any case, you must file the plea before your case goes to trial. A plea in abatement must be verified.

8. Special exceptions - If your client is sued and the plaintiff's petition is so general as to fail to give you "fair notice" of the facts and the legal theories under which the plaintiff seeks to recover, you must file special exceptions to this defect. You must file the special exceptions before the jury charge is given. In a non-jury case, you must file the special exceptions before the court signs its judgment.

9. Request for findings of fact and conclusions of law - In a situation in which a judge has served as finder of fact, and has ruled against you, you should request findings of fact and conclusions of law. Your request must be filed within twenty days of the date the judgment was signed. If you do not timely file a request, the court of appeals will infer all findings against you. The trial court should file its findings and conclusions within twenty days of your request. If the trial court fails to do so, you must file a notice of past due findings and conclusions within thirty days of the date you filed your initial request. If the trial court files findings and conclusions, but they do not address all of the issues you believe necessary, you must, within ten days of the court's entering the initial findings and conclusions, file a request for additional findings and conclusions.

10. Motion for new trial - If you lose at trial, and there was factually insufficient evidence to support the jury's finding of liability or award of damages, you must file a motion for new trial. You must file the motion within thirty days of the date the judgment was signed. When you file the motion, you must pay a $15 fee.

Chad Ruback is the youngest appellate attorney ever to have been named one of "The Best Lawyers in Dallas" by D Magazine. Chad's rapid success can be attributed to the fact that he has limited his practice to handling appeals and trial court motions likely to be at issue on appeal.

Since the time that Chad completed his service as a briefing attorney at the Fort Worth Court of Appeals, he has been amassing experience representing both plaintiffs and defendants on appeal, regardless of whether they won or lost at trial. He has also dedicated himself to drafting trial court motions with an eye to winning at trial... and having those wins be upheld on appeal.

Chad has served as president of the 2,400-member Dallas Association of Young Lawyers and on the board of directors of the 10,000-member Dallas Bar Association.

Chad Ruback, Appellate Lawyer
8117 Preston Road, Suite 300
Dallas, Texas 75225
(214) 522-4243
http://www.appeal.pro/
http://news.appeal.pro/

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Right to Trim Overhanging Branches From a Neighboring Yard in Washington State

John faces a familiar problem for many residents of Washington, the aptly named Evergreen State. He, like many homeowners, strongly dislikes his neighbor's gigantic encroaching tree. Branches jut out and envelop John's yard in darkness. Sap and sharp twigs litter both sides of the boundary line. He asked his neighbor to trim the overhanging limbs, but the neighbor vehemently said "no." Now John wants to know whether he can take matters into his own hands and trim the intruding branches regardless of his neighbor's refusal.

Though conventional wisdom and persuasive authorities say he can; few, if any, primary legal authorities in Washington directly address the topic. The most relevant precedential legal authority in Washington appears to be Gostina v. Ryland, a ninety-year-old opinion that provides conflicting answers in its dicta. At one point, the Gostina Court states the plaintiffs "certainly" had the right to cut "the branches that overhung their premises at the line." However, elsewhere in the decision, the Court cited with approval an English case that cautioned against self-help tree trimming. A quoted portion of the English case reads: "persons should not take the law into their own hands, but follow the advice of Lord Hale, and apply to a court of justice."

Secondary legal authorities indicate courts from most of the United States favor self-help trimming of intruding branches. "The common judicial concern has been that neighbors should resolve their disputes among themselves, and that allowing judicially imposed remedies would result in clogging the courts." It thus appears, trimming of invading branches is usually lawful in U.S. jurisdictions, unless the trimming kills the tree. Recently, in Maier v. Giske, Division I of Washington's Court of Appeals recited an uncontested set of legal conclusions which were in harmony with the law from other U.S. jurisdictions. In Maier, plaintiffs "were entitled to cut back branches that overhung their property," but the trimming became timber trespass when it effectively killed the tree.

The weight of these persuasive authorities suggests self-help trimming of encroaching limbs is lawful in Washington. But there is also good reason to hesitate before trimming. Washington's law is not certain, and overzealous trimming could lead to a timber trespass suit for treble damages and attorneys' fees. That means wrongful trimming of a mature, decorate tree could lead to a judgment far exceeding ten thousand dollars.

The size of a potential adverse judgment should lead real estate attorneys in Washington State to at least think twice before recommending ladders and shears to clients. Good ol' fashion diplomacy between neighbors may still be financially preferable despite an initial impasse. And salvaging neighborly relations often proves invaluable in the long run anyhow.

Genesis Law Firm, PLLC; 2918 Colby Avenue # 211, Everett WA 98201; 425-212-1789 (local); 866-631-0028 (toll free); http://www.genesislawfirm.com/

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