Certain things you own, or may be entitled to, do not become part of what is known as the "bankruptcy estate", because they are considered "exempt". Exemptions are extremely important since your claim to an exemption may be the deciding factor as to the Chapter of the Bankruptcy Code under which you will file - or whether or not to file at all. For example, if you own a home, all, or a portion of the equity in your home may be considered "exempt" property. If your home has more equity than allowed by the applicable exemption, and you wish to keep your home, then a bankruptcy under Chapter 7 would be out of the question, since in that type of the case, you could not protect your home. Likewise, in a Chapter 13 case, the amount of your monthly Plan payments may be governed by the amount of money that would have been generated had your non-exempt property been taken by a Trustee and sold.

Just what is exempt and what is not exempt is governed by statute. The Bankruptcy statute has a set of exemptions written into it, but many States have more generous exemptions written into their statutes. In some states, someone filing bankruptcy can choose which set of exemptions to use. In others, only the state exemptions are permitted. In still others, only the Federal Bankrutpcy exemptions may be used. Recent changes in the Bankruptcy Code have attempted to limit some of the state exemptions, and that can make a substantial difference in the way a bankruptcy is filed. Until several years ago, for example, a person's homestead was considered exempt property, regardless of the equity. Not so now. But generally speaking, unless these things are promised as collateral for a loan or a line of credit or are antiques, collectibles or particularly valuable, your clothing, household goods and furnishings, TV, stereo, an IRA, an ERISA qualified pension plan, veterans, disability, workers comp or unemployment benefits, a portion of the equity in your car and maybe even some money in the bank will be considered exempt property.

Don't take chances. Our bankruptcy attorneys are constantly monitoring the applicable exemption statutes and will know which exemptions will apply to your case and how to best protect your assets. We will explain your bankruptcy options to you, including how your ability to exempt certain assets will influence your decision to file bankruptcy. Our goal is to get you through the process and secure your discharge without losing the things you need to go on with your life.

Did you know that truck accidents involving large commercial vehicles and semi-tractors account for a fourth of all fatalities in multiple vehicle traffic accidents on the highways in the United States? When you consider the fact that only 3% of all registered vehicles on the roadways are large trucks and 18-wheelers, you can see that the number of accidents is disproportionably high when commercial vehicles are involved.

The larger the vehicle, the greater its propensity for damage is. When a bicycle collides with a subcompact car, the bicyclist has the greatest likelihood for serious injury or death. When a subcompact is involved in an accident with an SUV, the occupants of the subcompact are most likely to suffer serious injury. And so on up the ladder it goes. Large truck accidents often cause the most damage of all. When a large commercial vehicle collides with anything, the damages and injuries can be severe.

Owners and operators of big rigs and other commercial vehicles have a responsibility to keep their vehicles in proper working order, and strap loads tightly. Operators are supposed to conduct an inspection of the vehicle at the end of each workday and keep a log of all parts that aren’t in good working condition. Before they operate the vehicle again, all the parts are supposed to be in working order.

The sad fact is that many commercial drivers are lax in conducting their daily inspections. Many simply write in their logbooks that the inspections were conducted, when in fact they are not. Due to such carelessness, spare tires may fly off, tires in poor condition may burst, insufficient load tie downs may cause trailers to lose their loads, air hoses that operate brakes may be in serious disrepair or perhaps may not even be connected to the trailer.

These and many other problems that the motoring public is not aware of can cause countless serious truck accidents. Some innocent victims suffer fatal or life-altering injuries from loose parts flying off trucks and trailers, dropped loads, and tools crashing through automobile windshields. These are only a few of the problems caused by bungling or slothful truckers.

There are hundreds of CVSA (Commercial Vehicle Safety Administration) certified inspectors around the country, but their numbers are insignificant when compared to the number of commercial vehicles on the highways. There simply are not enough inspectors to catch all the unsafe commercial vehicles, or their drivers, that should not be on the highway.

One of the most significant causes of truck accidents is driver fatigue. The law limits the number of hours a commercial vehicle driver may legally drive in a day or a week. To get around this requirement, many drivers carry two logbooks—one to show police or CVSA inspectors, and one to turn in at work for pay. When two logbooks are used, the hours seldom match. In such cases, the logbook turned in at work is probably more accurate, and will likely show that the driver has exceeded the legal number of driving hours. Most any CVSA inspector is replete with stories of truck drivers who carry more than one logbook. When asked to see the second logbook, some drivers will turn them over to inspectors without even trying to deny their existence.

If you have been involved in any kind of truck accident with a big rig or other large truck, be sure you check with a reliable attorney to help you collect any damages you deserve. The commercial enterprise may be liable for damages you aren’t aware of.

In the early history of the United States, just as today, residents of Maryland and each of the other 13 original colonies wanted to remain independent of each other by following their own conscience and enacting their own laws. Therefore, Maryland law is distinct in wording from that of other states. However, much of the time, Maryland statutes are remarkably similar in intent to those of other states.

For example, in regards to driving while under the influence of intoxicating liquor, Maryland law states that a person driving with an alcohol concentration of .05 milligrams of alcohol per deciliters of blood or less is “presumed not under the influence of alcohol.” If the alcohol concentration is more than .05 but less than .07, the “fact may not give rise to any presumption that the person was or was not under the influence of alcohol.”  A person driving with an alcohol concentration of at least .07 but less than .08 “shall be prima facie evidence that the person was driving while impaired by alcohol.” If the person has a concentration of .08 or more, “the person shall be considered under the influence of alcohol.”

In Arizona, on the other hand, a .05 alcohol concentration “may be presumed that the defendant was not under the influence of intoxicating liquor.” When the concentration is in excess of .05 but less than .08 “that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor.” If the concentration is .08 or higher “it may be presumed that the defendant was under the influence of intoxicating liquor.”

Notice how the wording changes slightly. However, even nuances such as the words “shall be considered” used in Maryland, and the words “may be presumed” in Arizona can give rise to all kinds of legal arguments in either state. That is one reason you should hire a good lawyer if you are the accident victim of a driver who was driving under the influence of alcohol or drugs.

Maryland law can have such subtleties included in all of its criminal, tort and traffic laws. Auto accidents, truck accidents and motorcycle accidents are some of the most common events following which injured victims most need a good personal injury lawyer to represent them. When another driver is at fault and causes the death or serious injury of you or a member of your family, the insurance company of that driver will likely want to settle quickly, for much less than you deserve.

Check with a good personal injury lawyer before you sign any papers with an insurance company. It could make quite a difference in your life, especially if you have long-term injuries that could threaten your ability to remain fully employed.

Auto accidents are the leading preventable causes of deaths in the United States. They are also one of the leading preventable causes of injuries. Causal agents for traffic accidents include alcohol and drug consumption, drowsiness, talking on cell phones, eating, and myriad other distractions. People who are distracted while driving are liable for the deaths and injuries they cause.

There are several common injuries in auto accidents suffered by victims. Some of these include whiplash, back injuries, head injuries, and numbness and tingling in the extremities. Some of the symptoms of these injuries are:

• A whiplash injury involves an injury to the neck. It not only causes extreme discomfort but also can reduce the range of movement in the neck. The most common type of accident involving whiplash is a rear end vehicular collision. It can cause the victim’s head to whip violently backward and forward. A major problem with whiplash is that it is difficult to treat effectively. The pain from a whiplash injury may also not appear immediately, but may arise some days after the accident.
• Spinal injuries may include fractures, but often are misalignments in the spine that can cause nerve damage and other serious problems such as harm to discs and ligaments. Nerve pressure increases due to stress on the spine. Such pressure on the spine, if not treated or relieved, can lead to other long-term medical problems. If the spinal cord is damaged, full or partial paralysis may result.
• Head injuries—these can range from mild concussions, to fractures, to serious brain damage. Quick diagnosis and treatment is essential for the possible prevention of some long-term effects. The effects and pain from head injuries can vary widely from person to person, and can be temporary or permanent. Head injuries may permanently affect the victim’s vision, among other things. Side impact collisions account for a large percentage of head injuries sustained in auto accidents.
• Numbness and tingling in the extremities can occur from a variety of injuries to the body, including spinal damage. The numbness can become more than just a nuisance. It can continue for years, and victims may lose strength of grip, and may have trouble holding things without dropping them. In extreme cases, it can cause disabilities that could even threaten the victim’s employment.
• Damage to internal organs may have permanent effects on a victim’s life. Organs can be damaged by severe trauma or broken bones. Organ damage may require surgery, and can cause lifelong problems.

These are just a few of the serious troubles that can arise following a motor vehicle accident. If you or a loved one is involved in an injury accident, contact a competent personal injury attorney to help you learn all your options before settling with an insurance company. Remember, injuries can have long lasting effects of which you may not immediately be aware.