Bankruptcy and Attorneys - Part 1

Amongst bankruptcies, debtors usually opt for Chapter 7 and Chapter 13 bankruptcies, since they provide the maximum benefits. Bankruptcy is a process, which involves litigation and lawyers and courts. The process can be trying, and it is important to expedite the legal option to avail the maximum benefit. That is where the problem comes in. Individuals do not have enough experience or the expertise to conduct the process on own. Special help is needed. So debtors hire specialists who have the background, and the expertise to deal with bankruptcy courts. Individuals who can represent the respondents and avail a favorable result. Bankruptcy attorneys are such experts. Bankruptcy lawyers help to get debt relief, and provide valuable information, services, as well as advice to help the debtor find beneficial financial options. The part one of this article provides some general information pertaining to bankruptcy and bankruptcy lawyer.

Bankruptcy

The bankruptcy process can be briefly described as a special legal proceeding in which an exclusive court undertakes, and administers the fixed, as well as movable assets of a debtor for the benefit of the creditors. Typically a debtor, or any person or business, who is indebted and owes money to others, can choose to file for bankruptcy proceedings, so as to solve a financial situation involving a debt condition which is out of control, or alternately to prevent recovery of debts for a certain period of time, during which the individual or the business can make arrangements to repay the debt.

Bankruptcy legalities

The United States Constitution provides powers to the Congress to draft and execute laws and acts related to bankruptcy and bankruptcy related issues as per Section 8 of Article 1. Based upon this empowerment, the Congress passed the "Bankruptcy Code" in the year 1978. The act or the code has been amended several times over the decades, as per the changes taking place in the financial market, and the redemption capacity of the debtors. The actual procedure is governed by the body known as the Federal Rules of Bankruptcy Procedure. The body has set up special courts to deal with bankruptcy issues, as well as litigations. The courts are popularly known as bankruptcy courts. These courts operate depending upon their jurisdictions. The Federal body has set up official proceedings and working guidelines for these courts. There are rules dealing with various aspects of bankruptcy. The rules are specially created so the litigations can be carried out in an effective manner between individuals and business concerns. From the functioning point of view, bankruptcy courts are appointed for each judicial district within the state. And litigations, as well as legal procedures are carried out with the litigants based upon the particular area or location of the registered business. All decision relating to the legal proceedings are taken by the judge, and he or she has several officers to aid the legal work. The majority of the bankruptcy litigations are administrative in nature, and are often conducted outside the court premises. In case of special chapters and issues such as Chapter 7, Chapter 11, Chapter 12, and Chapter 13, the administrative procedures are handled by a trustee appointed by the court to overlook the particular case.

Kinds of bankruptcy

As per the constitution, the Federal Rules of Bankruptcy Procedure offers five basic types of facilities, or clauses, under which an individual or a company can file for bankruptcy. The clauses or facilities are referred to as chapters. As per the Federal bankruptcy law, the different chapters are briefly explained as follows:

* Chapter 7 - Straight Bankruptcy

This chapter involves proceedings and litigations, which result into complete or total liquidation of the debtor's assets.

* Chapter 9

Provides a special provision through which municipal bodies and governments can file for bankruptcy.

* Chapter 11 - Business Bankruptcy

This option is generally preferred by consumer debtors, but does not provide any special advantages as compared to Chapter 7 or Chapter 13.

* Chapter 12 - Family Farm Bankruptcy

This chapter is suitable for family farms related debts and bankruptcies. For further information, one should check out the Agricultural Law Act: Family Farm Bankruptcy.

* Chapter 13 - Wage Earner Bankruptcy

This chapter helps to make the payments of debts in accordance to a repayment plan.

Finding bankruptcy attorneys

It is important to find the right kind of attorney to represent you in your bankruptcy issues. Finding the correct person is important since your financial and social future rests on this person. The first thing is to find the attorney. This is how one can do it.

* Looking up in yellow pages

The yellow pages provide a valuable, as well as a helpful source for finding bankruptcy lawyers specializing in various fields and debt conditions. Attorneys are generally categorized according to their particular field of specialization. It is recommended to check out the sub-heading of Bankruptcy Attorneys which provides a list of specialized attorneys who can possibly help you out.

* Recommendations

There is another way to find a qualified and reputed bankruptcy attorney. It is by a referral from other lawyers, as well as banking experts, who are working in and familiar with the field. In case you know some attorneys, it is possible for them to provide a few helpful recommendations.

* Ask the family and friends

Attorneys are bound by a confidentiality clause, which prevents them from sharing or advertising their past litigations and cases with the masses, and also restrains them from advertising them openly to bring in business. So it is advisable to discuss your problems with a few trusted clients who have faced bankruptcy issues, and get their opinion as to which attorney is good and in what field or issue. Past clients are the best option for reliable as well as effective sources of information, since they have experienced the situation first hand, and know all the pros and cons. Alternatively one can also discuss the issue with family members, relatives, and friends, and find out what they have to say. It can be surprising to know that some of the most practical and beneficial solutions can be obtained by merely talking to people, and find out what they have to say, and what they feel about how the problem should be dealt with.

Bankruptcy Only is a nationwide network of bankruptcy attorneys [https://www.bodnerlawpllc.com/] and Internet professionals who are ready to assist you immediately. He will be able to determine your eligibility and tell if you are better suited for a Chapter 7 Bankruptcy, or a Chapter 13

Implementation of Food Laws to Ensure Food Safety

Food is governed and regulated by a complexity of food laws and regulations which can be implemented in all food processing units by the following processes:

Pest Control

Pest control plays an important role in food safety. Insects like flies and cockroaches are extremely troublesome and can contaminate food production and cause food borne diseases. Pest control monitoring and detection can prevent these pests from entering in food processing plants and establishments.

Cleaning and Disinfection

Implementation of food laws can be achieved by establishing disinfection programs such as proper disinfection and cleaning of food preparation areas. Proper cleaning of utensils, equipments and machineries in food processing plants can correct hygiene standards, eliminate food borne pathogens and reduce the risk of food borne diseases. 

Waste Management

Food waste attracts pests and food borne pathogens and thus causes food contamination. Food production units and food processing plants must have proper equipments to manage solid and liquid wastes and should maintain regular garbage collection and waste disposal and management. By ensuring such waste disposal procedures, food processing plants can reduce the risk of pest contamination and improve food safety compliance.

• Effective rules for waste disposal include:
• Removal of food scrapes on a daily basis
• Arranging garbage collection regularly.
• Don't allow waste to overflow from garbage bins.
• Clean dustbins and garbage containers daily.
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• Use garbage liners for dustbins and garbage containers and keep their lids tightly closed.
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• Use separate containers for disposal of dangerous objects like syringes.
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• Refrigerate food scraps during winters to prevent harmful bacteria from growing.
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• Finally, always wash hands after handling dustbins and garbage bins.

Maintenance of Machinery and Fixtures

Rodents like rats and mice cause serious damage to machines and fixtures and contaminate components having direct contact with the food products. Therefore, proactive maintenance of food processing equipments and machineries is extremely important for production of safe food products.

Maintaining Personal Hygiene

Food handling businesses and food production plants must implement food safety laws by considering the following factors:

• Hand Washing: ensure proper hand washing techniques are followed especially before preparing or handling food items.
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• Minimize direct contact with food items. Use safe disposable gloves and change them on a regular basis.
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• Maintain personal cleanliness. Do not wear jewelry, earrings, rings, tie back or cover hair, cover cuts or sores with wound strip or waterproof bandages, never cough or sneeze over food.
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• Wear clean and protective clothing like apron and handle equipments appropriately to prevent cross contamination.
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• Contact supervisor if any staff feel unwell and exclude them from handling food.

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Staff Training

Staffs should be educated about the different food safety and hygiene practices including:

• ·        Hand hygiene practices
• ·        Safe food handling practices
• ·        Safe food storage practices
• ·        Cleaning and disinfection practices
• ·        Personal hygiene practices

Responsibilities of Business Litigation Lawyers

Business litigation lawyers are legal experts who represent and defend companies charged for financial disputes and other kinds of delinquency. Claim towards the compensation is usually attained by a series of legal proceedings through Business litigation. In business litigation, an accuser is a complainant and an accused in a litigant. Business litigation attorneys carry out preliminary case investigation and assessment. Business litigation lawyers look into the different cases and investigate its merits to see if the case warrants a lawsuit for a plaintiff. Similarly for defendants, they look for sufficient evidences against their clients in order to find possible ways to defend them.

The whole process involves the following:

· Writing down the statements given by the different witnesses regarding different cases

· Gathering different documents relevant to the case

· Looking for credible witnesses capable of withstanding the rigors of trial.

· Interviewing the company executives.

· Finding out the different factors that created or caused the dispute.

Business litigation lawyers represent companies and organization’s interest in financial disputes. The first things that every business litigation lawyer do is analyze and investigate the cases thoroughly. The companies are required to answer questions related to the case and they are also asked to provide proof that could help the litigation attorneys understand how to precede further in the case. The primary role of a business litigation lawyer is to choose the best legal option which could minimize all financial risks. By estimating the claim potential, business litigation lawyers tell whether it is best to go for an out of court settlement or to go for a court lawsuit. In case the claim potential is not sufficient, the business litigation lawyer can try for an out of court settlement. A series of motions or written requests and pleadings are registered with the court for the defendant and the plaintiff before a matter is heard in the court.

So, the business litigation lawyers handle all legal matters starting from proof gathering to actual lawsuit filing.

Some of the important duties all business litigations have to undertake include:

· Analyze and investigate the initial case

· Draft the necessary pleadings and motions

· Formulate the necessary responses to other party’s complaints

· Exchange necessary information with other parties during the discovery process

· Prepare necessary documents required for the court case

· Choose the best strategy based on the evidences

· Present the case

· Negotiate with other parties during settlement

· Appeal the case when negotiation fails