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How To Stop Wage Garnishment

Friday, March 4, 2016

One of the most difficult things about being in debt is the ability of creditors to garnish the wages of the debtors. It hardly seems fair; in addition to hounding you at unreasonable times and threatening lawsuits, they can simply take the money you've earned before you even receive it. Unfortunately, it is legal for them to do. The question of how to stop wage garnishment in Seattle is as much a legal one as a practical one, and the answer is filing for bankruptcy.

There is an undeserved stigma attached to bankruptcy, but it should never be discounted because of that. The truth is that if you are seriously considering filing, you probably should have filed some time ago. While it is not the ultimate solution for everyone, it is a good solution for people with unmanageable debt, and if your wages are being garnished, it is likely that your debt is currently unmanageable.

bankruptcy


Types of Bankruptcy
Before you decide to file, you should know that there are 2 types of bankruptcy available to private individuals. Chapter 7, the most obvious type, is a way of erasing most debt by liquidating the majority of your assets in return for discharge. It does not include student loans or debts to the IRS or other government agencies, but it is otherwise complete erasure. Chapter 13 is less well-known; it is a rearrangement of debt that consolidates each debt the debtor owes. The debtor is then required to pay a single monthly payment to a trustee, who then distributes that amongst the creditors. This differs from other types of debt consolidation by calculating the monthly payment using the amount of disposable income, or the money left over after the debtor has paid for the necessities like rent and groceries, instead of requiring the debtor to pay a predetermined amount per month regardless of his or her income.

The Automatic Stay
When a person files for bankruptcy, the automatic stay goes into effect. This is a very useful part of the process that stops all harassment and wage garnishment by creditors. In fact, once the automatic stay has begun, any type of harassment or garnishment is considered illegal by the courts. A stay allows the debtor to get his or her bearings and begin the necessary calculations, gathering of assets, and other preparations while going through the bankruptcy process.

If you want to stop wage garnishment and get on top of your debt at the same time, your best bet is to go through the necessary steps to file for bankruptcy. Not only will you get out from under the oppressive weight of debt, but you will be able to relax for a few moments without worrying about what your creditors might do to you.

Benefits and Drawbacks of Bankruptcy
While most of the effects of bankruptcy are undeniably positive, there are some definite drawbacks. Firstly, filing a 7 will require a liquidation of your assets. You are probably not going to lose your house or your vehicle, as there are certain exemptions to ensure quality of life, but superfluous assets will be lost. Secondly, a bankruptcy will leave evidence on your credit for years. This will not necessarily disqualify you from things that require credit checks, especially later on, but you should be ready to deal with that. Finally, you may still have to deal with student loans or debt to the IRS, which can still be frustrating. Ultimately, though, if you ask anyone knowledgeable how to stop wage garnishment in Seattle, they will tell you that bankruptcy is your best option for getting out from under the crushing weight of debt.

Business Law, Legal Decision Opinion

Tuesday, March 31, 2015

The consideration of ethical and legal issues in the business world is mandatory in recent times. This is on the concept of increased competition in the business arena as well as increased awareness of the consumer on quality and execution of ethics. In this phenomenon, it's necessary for any business entity to ensure adherence to the set business and legal laws. This will not only establish favorable environment for business but also a good image for the business entity. Many businesses are usually involved in various situations which are perceived to be illegal or unethical. Just like any other entity, the business should be responsible for its actions. Precisely, the bankruptcy case of the General Motors in 2009 is very interesting. In this regard, this paper will analyze and profoundly discuss the legal and ethical issue involved in the General Motors's bankruptcy case and giving personal opinion on the decision on the case (Cross 234).

Business Law, Legal Decision Opinion
Legal Decision Opinion
The bankruptcy case involving GM and its creditors in the year 2009 has been hotly debated in the public arena. The case was legally justified in regards to the U.S Bankruptcy code. There were many misappropriations in the conduct of the company regarding the assets of the company. The issue of the 363 sale was very illegal; whereby the company unscrupulously transferred the entity to NGMCO, Inc. the ideas and decisions to the above action was unlawful. This is in consideration that, the creditor's interests were not considered. In the business setup, it's the responsibility of the business to ensure protection of its shareholders or the general public who have interest in the company (Womack 1)

The aspect of business being a legal entity ensures that the company is responsible of any consequences. With this regard, general motors had the obligation of bearing its burden. The concept of transferring its debts to other entities is unlawful. In this case, the decision on the liquidation of the company was very justified. This is in accordance with the interests of the creditors who have a larger stake in the company. It should be noted that, the rights of the creditors had to be prioritized; whereby the misfortunes facing the company should not have been maliciously transferred to the creditors. Based on this phenomenon, the decision to liquidate the company so as to pay the creditors was legally justified (Seglin 79).

The decision to pay all creditors by liquidating the company was very helpful to the creditors. This is so because; the company's limited liability would only lead to violation of the creditors interests. In business legal arena, the rights and interests of the creditors, customers and other stakeholders are the main priority. Based on the case of General motors, the fete of the creditors was at jeopardy; thus calling for intervention. The court ruling was a big relief to the creditors whose plight had been doomed following the company's unscrupulous dealings. Most precisely the 363 sale was very malicious and unacceptable thus calling for legal actions (Cross 234).

From another perspective, the limited liability of companies is a very dangerous concept especially to the creditors, suppliers or customers. With this in mind, the concept of limited liability protects the business in the case of misconducts at the expense of other stakeholder. In this situation, the legal systems should be stead fast in ensuring all the rights of the various parties to a company are protected. The issues of fairness in making legal decisions should be the guiding principles (Seglin 79).

Additionally, the court ruling was very correct, since justice was accorded to the appropriate entities. For instances, many of the creditors were at risk of losing their facility rights if legal interventions were not meant. It's evident that, the company had various long term loans from different entities which it was liable to pay. In this case, the change of the company's entity would see all the creditors lose their share in the company. Further, the legal laws regarding loan and security agreements as well suppliers' rights were adequately consulted in the ruling (Womack 1)

In the aspect of business ethics, the case decision was justified. This is following the repeated unethical practices being executed by the company on its creditors and other entities. In relation with this aspect, the company's move to change its entity with out consultation of key stakeholders was unethical. This phenomenon justifies the decision on the case as ethical since justice was concisely executed. The interests of the general public were also considered through the case decision since fairness was executed (Cross 234).

Conclusion

Ultimately, it can be concluded that, the practice of ethics and legal abidance in the business context is vital. As witnessed in the General Motors case, justice was accorded sufficiently. Through this case, a living example was set to other companies to follow suit and maintain ethics and legal issues in business. Finally, it should be observed that, practice of ethics and legal issues is a key pillar to business success.

Weird Laws Around the States

Thursday, March 19, 2015

Traveling in the Unites States can be difficult at times. Though it seems like you are traveling inside your country, it is a whole different story when you cross the state border lines. Each state has different laws and some of them can be outrageous while others you really have to keep your head up for. Some laws might prohibit something that is legal your state. It is a good idea to do your homework and see the different laws for each state and save yourself the trouble. Here are some you should look out for.

Weird Laws Around the States
crazy laws in America
 In Alabama, it is illegal to wear a fake moustache that causes laughter in church, you may not have an ice cream cone in your back pocket at anytime and masks may not be worn in public. So if you are going to Alabama, make sure not to take any fake moustaches and masks since you wont be able to use them. In Minnesota, it is illegal to sleep naked and a person may not cross state lines with a duck atop his head. So when you check into a hotel in Minnesota, make sure have something on in your bed, or who knows what will happen.

Well, those are just some states you might go to once in a while, but how about states with major tourist attractions? In California, it is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale, so while this law protects other animals, whales are left out. In Hawaii, all residents may be fined as a result of not owning a boat, but what if you can't afford it? In Nevada, it is still legal to hang someone for shooting your dog on your property, so don't get angry at someone's dog.
In New York, it is illegal to wear slippers after 10:00PM and a fine of $25 can be levied for flirting and again, a person may not walk around on Sundays with an ice cream cone in his/her pocket. It seems like a lot of states enforce the no ice cream in your pocket law so when in doubt, don't put your ice cream in your pocket. In Washington, all lollipops are banned while in Pennsylvania, any motorist driving along a country road at night must stop every mile and send up a rocket signal, wait 10 minutes for the road to be cleared of livestock, and continue, so make sure you carry around a lot of rocket signals when you are driving in Pennsylvania.

Though these laws sound ridiculous and seem like a practical joke, these laws are actually written in the book and may be kept enforced if needed to. So make sure you do a lot of research before traveling and don't forget if you are moving to Texas, the entire Encyclopedia Britannica is banned because it contains a formula for making beer at home, so lighten up your load and watch out.
 

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