Cape Girardeau Missouri Legal Blog

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.

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.

Chapter 13 Bankruptcy is one way for Missouri residents to get control over their finances. However, if people are not careful, the holiday season can overwhelm debtors once again. Understanding the limitations of a financial situation is very important to remain financially strong during the holidays.

First of all, Chapter 13 bankruptcy revolves around a debtor's disposable income. This means the debtor has disclosed all sources of income and bonuses to the court, including Social Security payments and interest on savings and investments. In addition to this, all expenses must also be disclosed. Disposable income is the money a person has left at the end of the month after covering all reasonable expenses. For many, this income could be used for buying gifts and planning trips during holidays, but for debtors, it means making court-ordered payments from that income for three to five years. But, does this mean that people need to give up celebrating for this time? Not necessarily.

When holding someone accountable for causing a personal injury, there are certain legal principles that come into play and must be proven before someone can be held legally liable for their actions. "Negligence" is one such legal doctrine, allowing Missouri residents to hold someone accountable for careless behavior that caused injury.

A negligence case must prove certain elements. The plaintiff, who is the injured party, must prove four items in order to demonstrate negligence. The first element is a "duty." Duty refers to a legal duty of care owed by the defendant, who is the person or party accused of negligence, to the plaintiff. The relationship between the two parties can create a legal duty, or the situation can. For example, a doctor may owe a patient a duty of care, whereas a motorist owes a reasonable standard of care to others on the road.