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Cape Girardeau Missouri Legal Blog

What property is exempt under Chapter 7 Bankruptcy?

Bankruptcy is one of the strongest tools the law gives individuals and companies to protect themselves. Many people find that they simply cannot meet their monthly payments, and bankruptcy can offer a path to financial freedom.

For a long time, public opinion looked down on people who file bankruptcy, but that view is no longer as common as it once was. Many of us find ourselves in hard times for various reasons, and bankruptcy exists in the law to provide a fresh financial start. If you face debts that you cannot pay, bankruptcy may be a good fit for your needs.

An incorrect maneuver can easily cause motor vehicle accidents

Head-on crashes, rear-end collisions, sideswipes, T-bone impacts and more could occur on the roads. Unfortunately, motor vehicle accidents can lead to serious injuries no matter what form they happen in. In some cases, individuals may think they are doing the right thing when on the road, but they still end up causing a crash.

It was recently reported that a head-on collision took place in Missouri when a driver tried to give a police cruiser more room. Apparently, a 71-year-old man was traveling north when he moved his vehicle to the left to give more space to a police vehicle that was parked on the shoulder of the road. However, this maneuver resulted in the man's vehicle crashing into a vehicle heading south.

Slips, trips and falls can easily cause workplace injuries

For many Missouri residents, walking is an activity that they do every day and do not consider very dangerous. However, when on the job, walking can pose various risks, especially when other hazards are present. In fact, individuals could suffer workplace injuries from slips, trips and falls.

In almost every industry, slip, trip and fall hazards exist. Some issues that could contribute to these types of incidents include poor drainage that results in water on the floor and contaminants on floors, which could come from a variety of sources. Even the walking surfaces in a workplace could contribute to potential accidents, especially if carpet has tears or is loose, cracks or holes have formed in surfaces, or if weather conditions have caused the flooring to become slick from water or ice.

How does bankruptcy handle personal loans?

Money can cause a range of feelings in different people. Some may feel that the amount of money they have means that they are successful, and others may not feel that money is the most important thing in the world. Still, if Missouri residents are struggling with serious debt, the topic of money can make them feel stressed and uneasy. They may have taken personal loans from friends or family in efforts to help their affairs, but they may still be looking into bankruptcy.

Though taking personal loans is an option that could be helpful in some cases, it does not always have the effect that individuals need. As a result, some parties may end up owing money to creditors and to friends and family members who provided them with loans. Because they do not have the ability to pay anyone back, they may wonder whether personal loans are discharged in Chapter 7 bankruptcy.

Motor vehicle accidents involving motorcycles often prove fatal

Some people may not think about motorcyclists being on the roads during winter. However, many bikers brave all types of weather conditions because they enjoy riding their motorcycles. Unfortunately, motor vehicle accidents may be more likely to occur because drivers of larger vehicles are not watching out for motorcycles.

It was recently reported that a crash in Missouri involved a car and a motorcycle. Details indicated that the motorcyclist was traveling north when a vehicle traveling south attempted to make a left turn. The driver of the car turned in front of the motorcycle, which collided with the other vehicle. The incident resulted in the 34-year-old motorcyclist suffering fatal injuries. It was not mentioned whether the driver of the other car suffered any injuries.

Workers' compensation can help after falls, other work accidents

Safety hazards are everywhere. Many Missouri residents may have been going about their day normally only to end up injured while at work. The idea of a workplace accident may seem trivial to some individuals, but really, injury risks exist in all workplaces. If someone is injured on the job, workers' compensation may be needed.

Of the many hazards that exist, slips and falls are among the most prevalent dangers in any workspace. Individuals could trip over cords or objects blocking a corridor or other path, and even if the fall takes place on a same-level surface, serious injuries could still result. If a fall takes place from a height, severe injuries are also likely. As a result, it is important that proper safety equipment is provided to workers and that spaces are kept clear from clutter, spills and other trip or slip hazards.

How much home equity can you protect in a Missouri bankruptcy?

Chapter 7 bankruptcy is the most aggressive and widely known form of individual bankruptcy. In Chapter 7 bankruptcy, an individual must meet certain income limitations and agree to allow the courts to liquidate some of their assets as part of the bankruptcy process.

By seizing and selling some of the individual's assets, the courts help prevent people from accruing substantial assets then filing bankruptcy to avoid the financial obligation to repay creditors. While you might feel comfortable with the courts liquidating recreational vehicles, expensive clothing or valuable collections as a means of repaying your creditors, you may feel much more protective of your home.

The role of the bankruptcy trustee

Pursuing personal bankruptcy can provide a Missourian with the fresh financial start he or she needs and deserves by discharging many debts. However, in order to succeed on a bankruptcy petition, an individual has to closely follow the law. This requires a thorough understanding of the bankruptcy process and the ability to represent one's best interests, when the need arises.

This week we will briefly look at the role of the bankruptcy trustee. When a Chapter 7 bankruptcy petition is filed, the court assigns a trustee who is tasked with overseeing the process. This individual is supposed to be unbiased to ensure that the bankruptcy proceeds in a manner that is fair, and in accordance with the law. To start, the trustee assesses an individual's assets to determine which assets can and should be sold off in order to repay creditors.

The link between personal injury cases and criminal records

Being injured in a car accident caused by someone else's negligence can be frustrating, especially as the accident victim goes through the process of seeking the compensation they need to cover the medical costs and other damages associated with the accident. Those with past run-ins with the law may hesitate to file a personal injury claim, because they are unsure of how their criminal record might play out in court.

Missouri residents can rest assured knowing it is likely their past criminal record may not come out in court at all in a personal injury case. The past can only be brought up if it is directly linked to the case at hand. Therefore, if someone has been hurt at work, their DUI conviction of 15 years ago will most likely have no bearing on the case.

Are workers staying safe outdoors during winter?

Work must go on, regardless of the weather. This means many outdoor employees find themselves exposed to the extreme weather, even as others bundle themselves up and try working from home. The winter season means people are shoveling snow from pathways, clearing snow from roofs, using powered equipment as it snows, repairing downed electricity lines and removing downed trees.

Some employees, like post office or delivery workers, find their work increases during the holiday season, in the peak of cold weather. As a result, all these workers become susceptible to all types of safety hazards, such as hypothermia, dangerous driving conditions and frostbite.

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