Monday, April 1, 2013

Duties and Responsibilities of a Bankruptcy Lawyer

Bankruptcy is a legal state of insolvency of an individual or organization to such an extent that it is not possible to clear all the outstanding debts owed to the creditors. Bankruptcy can be declared by a court of law often initiated by a debtor in a bid to collect what is owed to him/her. In this case, the first party (creditor) either files a petition to declare that he/she is not able to clear the debts through a legal professional lawyer or seek alternative debt relief alternatives that are at his/her disposal. When an individual decides to file for bankruptcy, a bankruptcy lawyer is responsible to take his client through this tedious and complex process that only the lawyer can understand. Therefore, a bankruptcy lawyer has various responsibilities bestowed on him by the client as expected by the law. The following are some of the responsibilities of this professional, but not limited to the following.

Professional Responsibility: Before filling the case, the bankruptcy lawyer will hold a crucial discussion to ascertain the best way forward with his client. This discussion will enable the lawyer assess the situation from a legal and professional viewpoint so that he can recommend the most effective way for the client to follow. After consultation with his client, the bankruptcy lawyer will go ahead and file the case supported by necessary available legal documents. In addition, he will furnish his client with knowledge on how to go about the case after filling and thereafter. Finally, he is responsible for presenting the case on behalf of his client during a court sitting.

Zealous advocacy: A bankruptcy lawyer needs to attend to the case of his client by all means and efforts to ensure the client gets a fair and just outcome. This should be done with devotion and zeal. By use of personality traits like candid speaking and other acquired skills like education and training. This professional is supposed to be a zealous advocate.

Confidentiality: A professional bankruptcy lawyer is entrusted with confidential information by his client. Therefore, all discussions and any other necessary legal and confidential information concerning the case must be kept as confidential as possible. This will ensure that a healthy relationship is kept between the client and the attorney. If such information is divulged to another person, a third party, it can give the opponents an opportunity of exploitation or an upper hand in court.

Financial responsibilities: Bankruptcy cases deal with a lot of financial details, which require that the attorney should have abundant background knowledge on financial matters. The attorney has the responsibility of analyzing the financial status of the client in relation to the laid down rules and regulations in comparison to the bankruptcy step chosen. The bankruptcy lawyer therefore needs to be prepared and be better placed to advise the client on any financial eventuality.

For success, there is no need to mention that a bankruptcy lawyer has to have the most necessary skills. More specifically, he should be able to transact deals with ease, have a quick and smart mind to analyze situations and foresee the eventuality of a chosen plan of action. He must be able to analyze financial information and statements in a mathematical way because bankruptcy involves a lot of financial calculations. The bankruptcy lawyer must be well versed with technical terms relating to the case and background law governing such entities like commercial law and intellectual property law among others. Finally, a strategic decision can be made in a bid to influence the outcome of the case useful to his client.

Why Consider Sending Your Teen to Military Schools?

There are many reasons why parents would consider sending their children to military schools. A lot of them see these schools to be a wonderful place for students to learn self-discipline and aspire for excellence in everything that they do, especially in academics. Some parents have the idea of sending their teens to military school in order to discipline or punish them for being defiant or for getting into trouble. It's better to do your own research and decide for yourself whether a military school would be the best option for your child or not.

Military schools are different from military boot camps in several key aspects. Traditional schools often have a very stringent admissions process and would not admit teens who show no leadership potential, have problems with their attitude and grades, and who don't pass their criteria of a good candidate. This is why military schools are often not the correct or applicable choice for troubled teens. Military schools can be a great stepping stone to a successful college education and has consistently maintained their reputation of producing excellent students. Why is this so?

First, the structure that is promoted in such schools aim to instill discipline in every aspect of students' lives. Whether it's in picking up after themselves or doing their assignments during study period, strong and fair discipline that promotes being responsible for one's self is a key factor in students' success.

Classes and study halls are supervised and consistently attended by students. It encourages allotting a specific time for studying and provides a conducive environment for thinking and doing school work. Since most of these schools have small class sizes, teachers can immediately see which students seem like they are struggling with their lessons and give them extra class work or help them out through peer tutoring or similar efforts.

Then there's also the fact that these schools promote the personal growth of each student. There are many leadership opportunities for students to take, from parades or military exercises to sports and performing arts activities. These schools put a lot of emphasis on being an effective part of a team and how teamwork builds character. In such school, much emphasis is placed on esprit de corp and forming friendships in order to support and encourage one another.

While it's true that not all schools will require students to participate in military exercises, JROTC and similar activities, most will have a healthy emphasis on physical activities. A lot of them will have facilities for sports and outdoor activities. Many such schools believe that physical activities are good for each child's development and that students can learn valuable lessons while playing sports, such as teamwork, sportsmanship, a drive for excellence and achievement, among others.

These schools have been successful in producing productive members of society who excel in different industries (not just in military careers). However, they're not all the same. It's still best to do your research about them before you send your child to such schools. You can even visit the school and see if your child is a fit to their kind of environment.

Medicare Part D Coverage: What Does Medicare Part D Cover?

Medicare part D is a federal program to help Medicare recipients in the United States to pay for their prescription drugs. This program has been in existence since January 1, 2006. Before that time all Medicare recipients were required to pay for all of their prescription drug costs out of pocket. Any Medicare part A or B recipient is eligible to sign up for part D. The coverage does not come directly from the government. This medicare part D coverage is available through private sources in one of two ways; either a PDP (Prescription Drug Plan) or a Medicare Advantage Plan. The difference between these plans can vary as in the premiums paid or the amount of coverage so it is a good idea to research thoroughly to find the right plan for you.

The general guidelines are as follow: In a Medicare Part D Plan there is a deductible that the recipient must pay before coverage will begin. In 2010 this deductible was $310. After the deductible, the plan will pay 75% of the recipients' prescription drug costs until the initial coverage limit of $2830 out of pocket. After this $2830 limit is reached the beneficiary must pay the full costs of their prescription drugs out of pocket until they reach the catastrophic coverage limit of $4550. Then the beneficiary will pay either 5% of the cost of each prescribed drug or $2.50 for generics or $6.30 for brand-name drugs whichever is greater. This gap between the initial coverage limit and the catastrophic coverage limit is commonly known as the "donut hole". Every year this cycle starts all over again.

There are many ways in which medicare recipients can close this gap in coverage. Medicare recipients may qualify for subsidized medicare part D coverage if their income is under 150% of federal poverty guidelines. Under the subsidized plan, all or part of the premium and prescription costs can be paid for by the federal government. Someone not eligible for the subsidy can purchase a "medigap" plan which is designed to provide supplemental drug coverage for any period of time during the year in which beneficiaries are without prescription coverage. This supplemental coverage will pay for part or all of prescription costs during this time period.

Writing The All-Important College Application Essay

The application essay is the most crucial piece of writing the student will submit to the colleges, and, if not done impressively, it will also be their last. In most cases, it is the college's first actual exposure to the student, and first impressions have a habit of lasting. A memorable essay contains all the student's Kodak moments interlaced with some less than blissful adventures to create the necessary drama in the writing.

Students must begin by choosing the right topic, meaning the right topic for them, and one that will be well received by the admissions committees. The subject matter chosen and its degree of difficulty say volumes to the school about the character of the author. As the quality of the essay is dependent on the student's ability to respond to the subject matter, making the correct choice is absolutely essential.

Students should select a most thought-provoking and stimulating subject to write about, and it helps greatly to view the task as a "we dare you to compete for the privilege of attending our school" challenge from the college. In other words, if there's a literary masterpiece inside the student crying out to be written and read, this would be a good time to unleash it!

Students writing about their favorite anything should be passionate about it. It's not enough just to say you love something or someone. It must be explained why in no uncertain terms. If writing about how a particular relative was admired by the student above all others, then how that person influenced the student's life, how the student apprenticed that person or fashioned their lives in their light should be factored in.

Students often write about themselves as the subject matter is well known to them and requires no research. However, as this is certainly not the road less traveled, a necessary and serious effort is sorely needed to make the journey stand out amongst all the other students doing the same. Be it overcoming adversity or how the past summer was spent, the writing should be uniquely appealing to the reader and not the same old, same old. However, the essay should not be overwritten.

One of my students wrote about being molested when she was eight years old. She wisely chose not to go into the horror in her accounting of it, but rather focused on how she overcame being victimized. The essay was most compelling and was well received. She is now pursuing a medical career at a very prestigious West Coast university.

Students should avoid writing too vividly about any traumatizing experience. The essay can be gripping but not horrifying. Remember, the object here is to write an essay that captures the reader's imagination and begs to be read in its entirety. Highly controversial subjects such as abortion are best avoided.

One of my honor students wrote a "Pro Life" essay and expressed her views with such intensity that reading it left me with the impression that she might be viewed as a danger to others with strong "pro choice" convictions! At first, when I advised her to rewrite it, she flat out refused. I explained that she was losing site of her goal - to be accepted to the college and not to win points on her take of the anti-abortion issue. She finally realized the wisdom of my words when I reminded her that after she was accepted, she could protest and exercise her freedom of speech in any way she chose, but first, she had to get into the school.

Students must keep their eye on the prize and never lose sight of the main objective - getting an admission ticket!

My all-time favorite essay question is the University of Pennsylvania's, "You've just written your 300 page autobiography. Tell us what's on page 217?" I advise students who choose this essay to go back in time five or six years (about a third of their life), recall where they were and what they were doing in that time period, and then begin writing about it.

A most effective and creative approach is to begin the page in the middle of a sentence, preferably ending the thought by leaving the reader in a quandary, i.e. "...because that's the way it was arranged." Remember that this is page 217 from your autobiography. Open any autobiography, or any book for that matter, to page 217. It probably won't start with a fresh sentence or a new paragraph. It is also important to leave the reader hanging at the end of the page, i.e. "...As he ran into the street, the car continued to..."

I often critique essays for students I counsel, but never write the essay for them. I cannot advise strongly enough against employing the services of a professional essay service or writer! Not only is this first degree cheating, but the risk/reward ratio isn't worth it. The admissions committees and the application readers are neither stupid nor naïve, and they're on to that scam. Students should never take the chance of throwing their futures away for the want of a better paper! If you're qualified to get into college, than you're talented enough to write your own essay.

Some years ago, a wealthy family who chose not to take my advice in this regard, did just that. They apparently felt it would be the sure-fire way for their son to get into an exclusive East Coast school. He had good grades, good SAT I scores and would have otherwise been acceptable, but his writing skills were, at best, slightly below average. So, they hired a professional, and their son was accepted to his college of choice.

After the third week in English Comp, his teacher couldn't believe that someone with his limited writing skills could have ever been accepted. The professor went to the admissions office and reviewed the student's application and essays. His suspicions were confirmed after reading the three much too professionally written essays that were in his file. He concluded that none of them could have been authored by the student.

The young man was summoned to the Dean's office and confronted with the evidence. Left with no choice, he reluctantly confessed that his parents had hired a professional to do his essay writing. Consequently, he was given the option to immediately withdraw from classes - or be expelled for the fraud he had perpetrated on the school.

Students should also avoid the much too popular topics that everyone else usually writes about such as, How the death of a loved one or a pet had a profound affect on their life, or How growing up in an Italian neighborhood was difficult because they were from a different ethnic background. Growing up in the ghetto or in a refugee camp is a far better topic, because if you did, then you actually did overcome a life-challenging situation - and that will make a far more impressive essay.

Always be sure to adhere to the requirements of the essay. If a 300 to 500 word essay is asked for, don't write 501 words! Schools often do a word count if they suspect an essay is over the limit, and students should always (I said always) follow the instructions!

Making Riven Yorkstone Paving: A Traditional Yorkshire Skill

Traditional stonemason skills are alive and well in West Yorkshire. Stone cutters known as 'delvers' continue to create the yorkstone flags which have been used for over a century to pave most of the major towns and cities in the UK. Yorkstone is a natural sandstone quarried in Yorkshire which makes stone paving of very high quality.

Making traditional riven yorkstone paving

Riven paving has a naturally rough surface because it is hand split, or 'riven', from large flagstone paving blocks. The blocks are formed in sedimentary layers called strata or beds which allows the stone to be split with hand tools. Flagstone blocks are hand-riven by a delver into riven yorkstone flags for paving using only a traditional hammer and chisel.

Sizes of yorkstone flags

Yorkstone paving stones are usually made in random sizes due to the natural shape of the flagstone blocks. However the flagstones can also be cut or 'gauged' in specific widths and lengths to create custom paving patterns. Standard yorkstone flags are usually 40mm - 60mm in thickness but can easily be cut to any thickness required.

How yorkstone paving is graded

Yorkstone riven paving is usually graded: the top grade and the most expensive is a hard stone in a sandy yellow colour with dressed or fettled edges and gauged widths and lengths; the lowest and cheapest grade is the softer brown 'self-faced' paving with sawn edges and random widths and lengths. The term self-faced comes from the way the paving is easily peeled from very loose natural beds. The loose beds are much easier to rive apart than the harder layered beds of the fettled flags.

Laminated paving should be avoided when looking for yorkstone paving flagstones. Laminating stone flags can split on their own or have very loose beds that look open. The loose beds are likely to split when the paving stone dries out. Laminated flagstones come from soft silty layers that have not compressed enough or from blocks damaged by frost before they have fully dried.

Riven yorkstone paving for residential and commercial use

Riven yorkstone paving is still widely used for large scale paving projects in town centres. It is also used for pavements, patios and driveways in homes and gardens and is increasingly used for interior flooring because of it's range of colours. Yorkstone paving has varying natural colours from sandy yellows through to greys and browns depending on the amount of iron oxide present in the flagstone blocks.

Finished Basements Need to Be Made Mold-Proof

If you manage to remodel your basement into the type of room that you have always dreamed of having then you can be rightly proud of your achievement. But before you congratulate yourself too much, have you made sure that your new space is mold-proof? This is a common mistake and finished basements that are not mold-proof can turn from the stuff of dreams to the stuff of nightmares. In many instances finished basements actually make mold more likely to occur because it creates the conditions that this fungus loves.

Mold is not a fussy guest; it just requires a few basic conditions and it is good to go. For mold to prosper it needs some dead organic material and a bit of moisture. These are things which can be commonly found in most basements. Remodeling your basement can add to the problem because all that wood paneling and floor boards you are adding are giving it more to grow on. If you install a poorly ventilated shower to your basement you may as well have opened up a mold-hotel, because that is what you are going to be getting. You may not even notice that you have mold because if moisture is coming from the outside behind your wood paneling or underneath your new floor boards then this mold can be growing where you can't even see it. Mold that you can't see is the worst type of mold because it could lead to all sorts of damage to your health and finances.

So what are you to do? Should you just abandon the whole idea of finished basements? No way, no that you know how the problem arises you can take steps to prevent it happening. Prior to commencing any finished basements project you will need to first check to see if you have damp anywhere. If you find some and you are not certain about whether it is coming from inside or outside the house there is a little test you can perform. Put some plastic sheeting on the wall where you feel the dampness and leave for a day or two. If the water is on the outside of the plastic then you know you have condensation problems while if it is inside then you have water from the outside. Whatever the cause, you will need to remedy the situation before beginning any work on finishing your basement.


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