Bankruptcy Lawyers

Bankruptcy is a legal process that is complicated and involves detailed planning. Even a tiny error can be costly. It is mainly a liquidation proceeding where a debtor submits all his non exempt assets to the Bankruptcy Trustee. The trustee sells all the assets to a creditor to avail benefits. Exemption law in most cases allows the debtor to retain all his assets. And debtor receives a release in exchange and becomes relieved of all his responsibilities of paying those debts included in the bankruptcy forever. When you file for bankruptcy, planning is very essential. Bankruptcy is a legal process which helps a person incapable of paying his/her bills, eliminate his debts and helps them to get a fresh start. Reorganization is a bankruptcy preceding that enables an individual to reorganize their assets. Federal law provides the right to apply for bankruptcy. In federal court, all bankruptcy cases are addressed. Bankruptcy estate is the submission of all your debts and all of your property before filing for bankruptcy. Everything you own, whether you owe it or not— for instance, a house, a car, apparels, books, television, audio system, furnishings, instruments, boat, artworks, even inventory or stock certificates— is incorporated in your bankruptcy estate. Once the case has been filed, a trustee is being appointed to supervise the bankruptcy estate. The responsibilities of the trustee involves examining the debtor (the person who filed the case) to determine whether the petition he filed is true and accurate and whether or not there is any property or asset which can be sold to the creditor by the debtor. The law permits that specific property can be exempted, or expelled from the bankruptcy estate, and hence it gets outside the reach of the appointed trustee. Most of the files cases are often given the term “no asset” cases; which depicts that the debts are released and there is no assets for the trustee to sell off in order to satisfy the debt owed creditors.

Food Laws and Regulations-an overview

Food Law is an agglomeration of laws and regulations that supervise food production, food manufacturing, food storage, distribution, consumption, food sale and import. Food laws aim to safeguard consumers and also ensure complete safety of the consumer consuming a particular food product. Food Safety and Standards Act (FSSA) is currently the governing law associated with food products in India. This Law was passed in India on August 23, 2006 by the Parliament and is mainly governed by the Ministry of Health and Family Welfare. The Indian Food processing industry had enforced many laws that dealt with food safety and were in operation prior to the inception of the Food Safety and Standards Act 2006. Some of them are:

·         The Vegetable Oil Products (Control) Order, 1947

·         The Prevention of Food Adulteration Act, 1954

·         The Fruit Products Order, 1955

·         Essential Commodities Act, 1955 (in relation to food)

·         The Solvent Extracted Oil, De oiled Meal and Edible Flour (control) Order, 1967

·         The Meat Food Products Order, 1973

·         The Milk and Milk products Order, 1992

·         The Edible Oils Packaging (Regulation) Order, 1998

FSSA was passed by the Parliament with the main intention to converge previous 8 laws into one comprehensive act and thereby having only one regulatory body. FSSA came into prominence mainly as it orchestrated the Indian Food Laws and regulations as per international standards. Later, Food Safety and Standards Authority of USA (FSSAI), an autonomous body was established and set up by FSSA on August, 2011. Main responsibility of FSSAI is to protect and promote public health through the supervision and regulation of food safety and also to set standards for food in a way that there is no confusion among the traders, consumers, investors and manufacturers.

FSSA has implemented many regulations to provide assurance of food safety. Key regulations include:

1.      Packaging and Labeling:

FSSA has enforced certain regulations on the packaging and labeling of food products which include general requirements of enclosing and labeling of the food products for its safe distribution, storage, sale and import.

2.      Signage and Customer Notices:

Under this section, FSSA has provisions with regard to the presentation and advertising of the food products by different food business operators. Under this act, no one is allowed to engage themselves  in any discriminatory trade practice for the promotion and sale of their products and also no one can adopt any deceptive approach by making false statements whether orally, or in writing or by any source of visual representation which:

a)      falsely represents that the food products are of good standard and quality

b)     makes falsification or misrepresentation of the product’s usefulness

c)      provides guarantee of the product without any adequate or scientific justification.

3.      Licensing Registration an Health And Sanitary Permits:

Under this provision, FSSA governs the license and registration of a business operator. FSSA ensures that each and every food operator is registered in accordance to the License and Registration Regulations so that no one can start a food business unless they possess a valid license. Prime purpose of FSSA is to ensure that each and every business operator maintains food safety, sanitary and hygienic standards.

Penalties by FSSA:

The Food Safety and Standards Act (FSSA) enforce the following penalties for misleading and dishonest trade affairs:

The Many Intricacies Involved In A Bankruptcy Litigation And The Way Forward

There are many for whom the word bankruptcy, though known, does not make any sense, as they don’t exactly know what it means. The term bankruptcy can be briefly described as a process which is legal in nature and through which the debtor pays off the creditors, the major part of the debt through the management and administration of the fixed and movable assets under the watchful eyes of the exclusive courts which handle bankruptcy cases. A person when unable to pay back the money that he owes to the debtors, generally files for bankruptcy, in part to get some respite from the harassment of the creditors, and also to find a solution to the dire financial predicament, and to get another chance to start life afresh on a new financial footing. In such cases, the debt condition is generally unmanageable by the individual himself and therefore he needs the intervention of the law to get out of the entire mess. Bankruptcy allows the debtors to prevent recovery of debts for a certain period of time giving the business or the individual some time to arrange for an alternative through which they can repay the debt.

Therefore, the process of bankruptcy litigation is definitely not an easy one and especially daunting to the common man who won’t be having any experience at all regarding this matter. It is also a matter of social shame to declare one as bankrupt because money is a set standard through which the social standing of an individual is measured. Since bankruptcy is a first-time action for many, or shall we say most individuals, therefore it is best to take the help of a knowledgeable and experienced attorney, who knows all the intricacies that are involved in cases of bankruptcy. You can rely on the skills and expertise of an experienced attorney who can guide you in the right direction where you will be able to come out of the bankruptcy case with your dignity intact. But before you go on to hire a lawyer, it is better that you educate yourself a bit more about bankruptcy and learn the basics, so that you can decide which lawyer will best serve your purpose also check on the reputation of the lawyer to see how many litigation cases have been successfully settled by him or her. 

 There can be two types of bankruptcies, one is bankruptcy litigation, and the other is the contested bankruptcy cases. It is better to know the difference between the two rather than getting confused with all the legal jargon. Through knowing the difference between the two, you will gather more knowledge about the litigation part. In most of the cases where an individual declares bankruptcy, the skilled lawyers make arrangements to settle the cases outside the courtroom even if a case does become contested. Vis compromises and negotiations a lawyer, in most cases can settle the dispute with the moneylender outside the court in an amicable manner so that all the hassles related with courtroom actions become unnecessary.

Now the actions and motions which have been initiated by either your creditor or by you fall under the category of a bankruptcy litigation. In such instances, your case becomes contested in the court of law, and it all depends on the circumstances and your creditors. In litigations, there could be instances where a motion is filed according to which you have to turn over your available assets for the purpose of distribution of the same to the creditors immediately. In other cases, with a motion for relief from automatic stay, a lender could seek to essentially overrule the impact of the automatic stay. Additionally, there can be situations where a trustee could potentially file an objection to the payment plan if you're filing for a chapter 13 bankruptcies. Likewise, with claims that a particular debt is not dischargeable, a lender may file an objection to a discharge. Therefore as mentioned earlier, it is best to take the advice of a litigation lawyer as to the best course of action to be followed so that you are not permanently drowned in the litigation case. A skilled and experienced lawyer will continuously guide you as well as deal with your creditors so that everything goes smoothly, and the case is taken care of in a proper manner.

When Do You Need A Business Lawyer for Your Small Business?

Legal assistance is a cost of doing business that saves money in the long run. You will surely need to hire a business litigation lawyer if you face such serious issues. Check out the situations when you surely need to appoint an attorney for defending your business.

 Entrepreneurs who start a small business are worried about hiring a business lawyer. Most of the entrepreneurs think that the lawyers would charge a high rate, which is often difficult for them to bear. Consequently, they hire a lawyer when confronted with a serious legal issue like for instance when a customer files a suit against the company.  However, legal assistance is a cost of doing business that saves money in the long run. It's true that you don't require a business transaction lawyer at every step of running a business, but it is always better to be guided by an attorney. 

Let's check out when you certainly need a business lawyer for the issues that you can't handle on your own.

·         Business Facing  Complex, Time  Consuming  & Liability Issues - Being a business owner, you can certainly fill up the Internal Revenue Service form or boilerplate business forms. However, if you face a complex issue, which is very time consuming or fraught with a charge, the best option is to appoint a business lawyer.

Some instances when you should appoint a lawyer:

If an employee (former, current or prospective) has filed a lawsuit on the basis of discrimination in the process of hiring, sacking or a hostile work environment.

In case your Local, State, or Federal Government bodies are filing a complaint against your business or inspecting your trade for violating any law.

 If you want to make any special profit allocation or like to contribute a valuable property to your business.

 If your business is involved in an environmental issue (even though your business didn't cause any environmental problem, you could be penalized for that).

  In case of sales negotiation of your business or for the acquisition of another business. 

You will surely need to hire a business litigation lawyer if you face such serious issues. Initially, you should try to prevent such situations. You may consult with a business transaction lawyer for your small business formation who can guide you with the general business law. However, in order to defend the lawsuit filed against your company, you should hire an expert business lawyer. Choose an attorney who offers an extremely competitive rate. Moreover, you should assess the responsiveness of the lawyers to the clients. If you are stuck in a lawsuit, it's a time sensitive matter and so, your lawyer should promptly respond to your need. Find out a responsive business attorney and defend your small business.

How Produce Law is Protecting the Rights of Agricultural Traders

Since food and agricultural sector contributes significantly to the US economy, it demands considerable legal compliance for the protection of rights and interests of the people involved and to abide by the state and federal food laws.

The complex legal litigations related to food and agricultural sector, can land the accused person into serious trouble. Ever since the produce law was introduced, it has infused a relieved ambience among the fruit and vegetable traders in USA. The law has been framed by keeping in mind the interest of the monetary institutions who lend loan to the agricultural producers. For any traders in USA who are involved in buying, selling or dealing with fresh or frozen agricultural products must be aware of the ethics of P.A.C.A law to avoid litigations.

Most reputed legal firms in USA, renders professional legal assistance pertaining to adulteration and misbranding of food products. Delivering adulterated agricultural products to the customers is considered as a serious legal violations. Not only this law protect the food rights of the common US citizen but also assist the the corporate agricultural establishments in obtaining administrative and governmental approval. These renowned law boutique engages qualified and experienced attorneys to assist the clients in complying with the ethics of produce law to maintain complete transparency. Representing a vital part of federal legal system, these competent lawyers execute their responsibilities by catering valuable advice to the clients on the rules and regulations of P.A.C.A law and its impact on various aspects of commercial transaction.

Being one of the major contributor in US economy, the agricultural producers, buyers and dealers encounter complicated legal issues which if remain unsolved can land the client under the rage of US district courts. The competent attorneys of the premium law firms also offers legal advice and resolution to several produce trade associations in the country encouraging fair business practices.

What to Expect from a Bankruptcy Lawyer

Bankruptcy is a legal status of a person or business, who or which respectively, is unable to repay debt to creditors. A debtor declares bankruptcy in order to obtain respite from the debt and this is usually carried out either through discharge of the debt or through restructuring of the debt. In most cases, bankruptcy is imposed by a court order. The debtor initiates the legal procedure for bankruptcy by filing a petition in court. A judge and bankruptcy trustee examine the assets and liabilities of the debtor and decide whether to acquit those debts.

A New York Bankruptcy Lawyer usually provides legal advice and manages the court proceeding of your case starting from the initial petition submission till you reach a satisfactory result. 

Certain yardsticks define a promising bankruptcy lawyer:

Proficient Legal Advice
Your lawyer’s responsibility is to provide competent legal advice in the following areas,

• Type of bankruptcy you should file (Chapter 7 bankruptcy or Chapter 13 bankruptcy),

• The proper application of bankruptcy law to achieve your financial target

Candidly seeking your cooperation to make the process easier and making you aware of the risks you may face during ongoing litigation is an integral part of his responsibility.

Capability to Manage Your Bankruptcy Lawsuit
As a bankruptcy lawyer is liable to guide you throughout the entire bankruptcy lawsuit, he\she must be familiar with the federal bankruptcy laws, court rules and bankruptcy trustee. The complication of your bankruptcy litigation largely depends on whether you file Chapter 7 or Chapter 13 bankruptcy. So, your lawyer must be skilled and experienced in dealing with both the chapters.


Aware of Document Submission Process
After you file your initial bankruptcy petition, you need to submit additional documents to your trustee without compromising the deadline. Therefore, your lawyer must be acquainted with the procedure and timeline for document submission. The best approach will be to consult a New York Bankruptcy Lawyer who has successfully completed a large number of bankruptcy litigation.


Litigation for bankruptcy is an emotionally and financially exhausting process. Choosing the right lawyer can help guide you through the complex procedure, while keeping your stress levels under control.

An Explicit Study on Wrongful Foreclosure Litigation

How much devastated you would stand if your property got sued due to alleged charges of wrongful foreclosure? Needless to say that, the USA legal system encounters numerous foreclosures which are not being handled while abiding the legal provisions and regulations. These areas of litigation have become a common instance, however, effective measures and precautions are becoming implemented to resolve the issues tactfully as well.

Causes of Action

The actions of wrongful foreclosure, which are being declared in the notice might be alleged due to some of the reasons hereby stated.

• Misapplied payments
• Breach of Contract
• Forced place insurance which is not required
• Inappropriate tax impound accounts
• Incorrect interest rate adjustment
• Negligent and premeditated infliction of emotional distress
• Unfair business practices
• Quiet title
• Inappropriate accounting for a confirmed chapter 11 or 13 bankruptcy plan 
  
  

Dealing with all these legal intricacies is quite tedious and thus, require professional excellence of a lawyer specialized in Foreclosure Litigation.

Damages that are available to the Borrower

• Damages available to the borrower against a wrongful foreclosure include:
• Punitive damages and emotional distress if there’s any evidence of the trustee or servicer committing any sort of fraud.
• Compensation for detriment being caused to the property’s value.
• Malice or oppression in its unlawful conduct.
  
  

If the borrower ends up in winning the lawsuit and the charge against the lender are proven to be correct and true, the servicer is forced to cancel the foreclosure sale and pay legal bills of the borrower.

Cases of foreclosure litigation involve a number of discrepancies which, need to be dealt while following a set of precautions. On a concluding note; we would like to point out that maintaining proper communication in between the parties must be facilitated to avoid such kind of discrepancies and inaccuracies related to wrongful foreclosure.