Individuals usually file bankruptcy under Chapter 7 or Chapter 13 of the Federal bankruptcy code. A Chapter 7 bankruptcy is often called a liquidation bankruptcy, because debtors may have to sell some assets to repay part of the debt. Certain assets, called non-exempt assets, are used to repay part of the debt, while the debtor is allowed to keep exempt assets (such as clothing, household goods, and personal effects). However, most of the debt is cancelled, or “discharged”. Debts that are discharged, such as credit card debts, are usually relieved 90 days after filing the bankruptcy paperwork. Debts that cannot be cancelled include child support payments, student loans, some taxes, and secured debts such as car loans and home mortgages.

Chapter 13 bankruptcy is often called the wage earner’s plan or reorganization bankruptcy. Under this plan, debtors keep their property, and use their income to repay all or some of their debt. Repayments must begin within 30 days after filing. Some debts, called priority debts, must be paid in full, and include obligations such as child support, wages owed to employees, and some taxes. Individuals must also make regular payments to secured debts such as car loans and home mortgages. Other debts, however, may be cancelled. If there is disposable income left over after making the required payments, it will be applied to unsecured debts such as credit cards and medical bills. However, the debtor may not have to repay all of the debt, but must show use of remaining money to try to pay off some of the debt. Under Chapter 13, the individual must commit to a three- to five-year repayment plan, after which the remaining debt is discharged.

With both kinds of bankruptcy, when an individual files, an Order for Relief, also called an automatic stay, is issued. This prevents creditors from garnishing wages, or trying to have money from bank accounts or property used for repayment of debt. Also with both kinds, the court appoints a trustee to oversee the division of assets. The trustee examines financial papers, and searches for any non-exempt property that can be sold to repay creditors. The trustee also oversees creditors meetings, in which the debtor is asked questions, under oath, about the bankruptcy and the documents filed. The creditors meeting is held at the courthouse, usually only lasts a couple of minutes, and is seldom actually attended by the creditors.

While filing for bankruptcy should be a last resort, if you are in over your head in debt it may be worth consulting a bankruptcy attorney to see what your options are.

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Playing dominoes? Have you checked the calendar? In Alabama, a law stated that it is illegal to play dominoes on a Sunday. California guarantees sunshine to the masses, but a woman is not allowed to drive in a housecoat. Women in Florida may be fined for falling asleep under a hair dryer. Florida also makes it illegal for men to be seen publicly in any kind of strapless gown - something that a lot of people may be quite thankful for!

While in Kansas, please refrain from shooting rabbits from a motorboat - this is illegal. Liquor stores in Indiana looking to extend their business to teatotalling customers may find themselves out of luck - it’s illegal for them to sell soft drinks or milk. In the state of Michigan, watch your language! You may not swear in front of women and children. In New York, a license must be purchased before hanging clothes on a clothesline, and just in case you didn’t know - the penalty for jumping off of a building is death.

North Dakota residents beware - it is illegal to lie down and fall asleep with your shoes on! While in Ohio, watch your whale fishing - it is illegal to fish for whales on Sunday. Are there even whales in Ohio? Drivers in Texas - where are your windshield wipers? You don’t need a windshield, but it is illegal to drive without the wipers! And while you’re at it, it is illegal to milk another person’s cow. Texas criminals must also give their intended victims twenty-four hours’ notice, either orally or written, to explain the nature of the crime to be committed. Criminals aren’t exactly known to uphold the law in the first place!

It isn’t just the United States with unusual and hilarious laws. In Australia, it is illegal for children to purchase cigarettes, but not to smoke them. Tarot and other forms of psychic readings are illegal as well, as these are considered forms of witchcraft. English television viewers wishing to use a television must first apply for a license. It is also illegal in England to leave baggage unattended. And should you pick up abandoned baggage in England, you’re also breaking the law. In France, between the hours of 8 AM and 8 PM, seventy percent of the music played on the radio must be composed by French composers. In Thailand, it is illegal to leave the house without wearing underwear, and in order to drive a car, you must wear a shirt. And don’t you dare throw chewed bubble gum on the sidewalk. If you’re caught, it is a $600 fine. You can be jailed if this fine is not paid.

There are so many other ridiculous laws that were once on the books - and some that still are! It certainly makes one want to look over all the laws in their state! You could be breaking the law and not even know it!

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Megan’s law was named after Megan Kanka, a seven-year-old New Jersey girl who was brutally raped and murdered by someone who was known to be a child molester, and who had moved across the street from the Kanka’s without their knowledge of his background.

Following the tragedy, many people, including Megan’s grieving parents, lobbied to have a law passed which mandated that the current address and other information about convicted sex offenders must be made available to the public. The reasoning was that if the Kanka’s had been aware that their neighbor across the street was a convicted child molester, they might have been able to save Megan from her terrible fate.

In fact, under the law at that time, the police department, even knowing about the child molester’s history, was legally unable to disclose that information to those who lived in his neighborhood. Megan’s Law has changed that paradigm.

The Federal aspect of these laws requires that anyone convicted of child molestation (and certain other sex crimes) register as a sex offender with the local law enforcement agency of any place to which they move. Before they are released from custody they are advised and notified in writing of their obligation to register their whereabouts. That information is also forward to the U.S. Department of Justice, where it is added to a database. The Megan’s Law database is one of the resources available online through various state Megan’s Law portals.

There are now hundreds of thousands of convicted sex offenders registered under Megan’s Law; California has more than 63,000 alone.
Megan’s Law has survived legal challenges over invasion of privacy, based on the fact that the government has an over-riding interest in keeping children safe from known sex offenders.

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Black’s Law Dictionary gets its title from its founder and original publisher, Henry Campbell Black. Henry Campbell Black was an American constitutional scholar, and a founder of the National Association for Constitutional Government, which was organized “to expound and defend the principles of Constitutional Government.”

That first edition published in 1891 had the impressive title of “A Dictionary of Law: Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern”. It was unique in that it included case citations for the legal terms, which, to the dismay of many, were removed in the 7th Edition.

Black’s Law Dictionary is now over 100 years old, and on its 8th Edition.

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When drafting a contract, the contract drafter has to fully understand not only what the contract is trying to accomplish in the first instance, when the contract is signed and in place, but also has to anticipate the different ways in which the contract could be challenged in the event of a lawsuit. Lawsuits involving contracts most typically arise either because the contract has been breached (or one or both parties to the contract perceive that it has been breached), or because because of some defect in the contract. In either case, the skilled contract drafter will anticipate all of the arguements an attorney may make in court against the contract and the drafter’s client, and attempt to provide for every contingency.

In fact, most often the attorneys who are the very best at contract drafting are those attorneys who also have experience in litigation, as they know how to think like a litigator, and anticipate what weaknesses in the contract a litigation attorney may attack in court. If you are looking to have a contract drafted, it is advisable to find an attorney who does have some background in litigation themselves.

One always hopes that a contract will not end up being breached, and will not end up in court. The best way to avoid that is to have the contract drafted by someone who knows what things are likely to cause the contract to end up in dispute, and knows how to draft the contract to avoid such a dispute or, if such a dispute is unavoidable, to ensure that their client has the best possible position going in to court.

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