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Rossville Georgia Legal Blog

What does a bankruptcy trustee do?

Many people in Georgia believe that all they need to do to apply for bankruptcy is to file their paperwork. However, there are many more actions they must take to ensure their cases are handled correctly. One of the very first things that must happen when a person files for Chapter 7 or 13 bankruptcy is assigning the case to a trustee. 

A “bankruptcy trustee is a court-appointed individual” who presides over bankruptcy meetings, negotiations and petitions, states The Balance. Bankruptcy trustee duties vary depending on the filer’s circumstances and type of bankruptcy. Some tasks are similar, but there are some key differences that filers should be aware of. 

Driving on a suspended license: What to expect

Driving is a privilege, not a right like many people in the Rossville area believe. When you abuse the privilege, it can be taken away. One of the questions we often receive at Harriss and Hartman Law Firm, P.C., concerns what happens after a person is caught driving on a suspended license. If you are one of them, take a few moments to review the following information and how it may pertain to your situation. 

Driving with a suspended license is a crime. It can result in you receiving a misdemeanor or felony charge. Both types of charges will give you a criminal record that can follow you for the rest of your life. It carries penalties that can interfere with your livelihood and ability to reinstate your driving privileges. Offenders must pay fines, reinstatement fees and satisfy other requirements to have their driving privileges reinstated. 

Understanding why an SSDI claim is denied before filing an appeal

Many individuals suffer from conditions that inhibit their ability to maintain gainful employment. If you have a disability, you could be suffering a lesser quality of life, potentially prompting a need to explore the available outlets for financial relief.

In your search for aid, you might choose to file for Social Security disability benefits. A similar process can be lengthy and intimidating, and if your initial claim results in rejection, you might be feeling somewhat overwhelmed and uncertain of where to turn for answers.

How do I report an unsafe product?

If you buy a product in Georgia, it is reasonable to expect that product will not cause you harm when used as intended. However, there are times when products do cause injuries or illnesses. If you come across a defective or harmful product, you should report it. You can make a report with the Consumer Product Safety Commission.

The CPSC has available on its website a report of harm, which is a report that lets you explain what happened and how a product caused you harm. You will provide quite a bit of information to allow the CPSC to make a complete investigation. You should give information about the product, including label information and details on the manufacturer. Including photographs of the product is encouraged. You will need to provide information about when and where the incident happened and what harm was caused, along with contact information for yourself.

What happens if you are injured but fail the drug test?

In most cases, if you are injured on a Georgia worksite, you will be required to take a drug test. This test can be used to determine if you were at fault in the incident. You probably know that workers' compensation rules are pretty strict. You have to file your report within so many days to get your expenses covered. You may have to undergo an independent medical exam. You have to fill in all the right papers. If you make one misstep it can delay your case or even lead to it being thrown out. So, if you fail a drug test, what will happen to your workers' compensation?

According to the Georgia State Board of Workers' Compensation, your workers' compensation benefits can be denied if you test positive for drugs after an accident. It is considered willful misconduct, which is something not covered under this type of insurance. In other words, your own actions are assumed to have contributed to your accident. You may be tempted to then refuse to take the drug test, thinking you might be able to delay it. However, the law is pretty clear on this point, too. If you refuse to take the drug test, you are automatically assumed to be under the influence, and your benefits are immediately denied.

How can I make my debt more manageable?

You may have a good career and make decent money in Georgia. But that does not make it easier for you to pay your bills. You might have lingering debts from a recent serious illness and have been struggling to catch up on payments. If you find that your debts are not going down and you are losing sleep due to creditor harassment and stress, it may be time for you to consider some options. 

You may be interested in filing for Chapter 7 bankruptcy so you can say goodbye to those debts and start over anew. But bankruptcy should be a last resort. Before you start the paperwork, consider meeting with an attorney. Take some time to review the following ways you may be able to get your debt under control. 

What happens for a first-time DUI charge?

If you have been arrested for a DUI in Georgia and it is your first time, you may be worried and concerned about what happens now. The first thing to understand is a first-time offense is your warning to never drive while intoxicated again. While you will face penalties, they are not anywhere close to what you would face if this was a repeat offense.

The Georgia Department of Driver Services at the scene you must consent to a blood alcohol test or your license will be suspended without any chance for even limited privileges for a year. This is on top of the penalty for the actual drunk driving charges.

When is Chapter 13 the best bankruptcy option for you?

Many people in Georgia experience financial struggles from time to time, but there may come a time that finds you unable to take control of your current situation. From past due credit card bills to missed mortgage payments, you may not be able to keep up with your obligations, and you may face harassment from creditors. When faced with this situation, bankruptcy could be the most beneficial option for you. 

Making the choice to file for bankruptcy is not an easy one to make. If you are at this point, you are likely wondering if Chapter 7 or Chapter 13 is the optimal choice. This decision depends on your individual financial circumstances and the nature of the types of debt you owe. You may find it beneficial to carefully consider the benefits of Chapter 13 bankruptcy.

Can you get Social Security Disability for depression?

Social Security disability benefits are notorious for being difficult to get. This is due to the strict guidelines that must be followed to approve a claim. You must provide all the required information and follow all the right steps or your claim will be denied. You must also have a qualifying condition. According to the Social Security Administration, depression is a qualifying condition in some cases.

It is important to note that you must prove you cannot work and that your depression is a long-term debilitating condition. Depression is categorized under depressive, bipolar and related disorders. You must provide the SSA with medical documentation that you have at least five specific symptoms the SSA requires for proof that you have depression. These symptoms include trouble concentrating, appetite and weight changes, lowered energy levels, lack of interest in activities, mood changes, sleep troubles, feelings of worthlessness or guilt, suicidal thoughts and psychomotor issues. You must also have documented proof that you have trouble with concentrating, adapting or managing yourself, interacting with others or understanding, remembering or applying information or you must have proof your condition is serious and persistent as defined by the SSA.

Understanding the Chapter 7 means test

If you are one of the many in Rossville that is (for whatever reason) struggling with debt, then bankruptcy protection may be your best bet at halting the harassment you are having to deal with from creditors and providing you with a fresh start. A Chapter 7 bankruptcy allows you to discharge many eligible debts and re-establish yourself on firm financial ground. It is for this reason that Chapter 7 is typically the most requested filing option for those considering a personal bankruptcy. However, many clients come to is here at The Harriss and Hartnab Law Firm, P.C. expecting to file for Chapter 7, only to be surprised to learn that they first must pass a means test. 

The Chapter 7 means test is in place to keep people from abusing the protection that this type of case offers. It determines the criteria for whether you qualify to file for Chapter 7 or need to consider other options (such as Chapter 13). The first step in the means is to determine your current monthly income. That is done by taking your average mothly income from the previous five years, and then subtracting your monthly expenses (e.g., your mortgage payment, utility costs). This gives your disposable income, or the money you have to repay your debts.