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Bankruptcy Lawyer Bryan W. Stone answers the question: “Are my 401k and IRA protected in bankruptcy?”

Normally, arbitration comes up in the context of personal injury cases. A good example is one of the most common instances of arbitration language, which is in nursing home admittance paperwork. The nursing homes include language requiring arbitration, which shields the nursing home from the public, lengthy, expensive and uncertain courtroom litigation process and instead allows them much greater control by requiring all potential plaintiffs to bring their disputes before an arbitrator. This has come under attack in recent years, as many argue that arbitration clauses, especially arbitration clauses that restrict consumers, are unfair.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

We like to think that when someone takes the big step of filing for bankruptcy, they do so only when it’s absolutely necessary. The bankruptcy process was created to offer relief to individuals struggling with burdensome debt loads, not to be abused by those simply trying to stall creditors. Though the vast majority of those who file for bankruptcy protection do so as a last resort to avoid financial disaster, there are some who take advantage of aspects of the system for their own benefit.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “Will I lose my property if I file for bankruptcy?”

We all know what bankruptcy is intended for, to help people or companies get back on their feet financially by eliminating burdensome debts. The aim is to essentially wipe the slate clean and, by doing so, give hope for the future. When it comes to individuals and corporations, though it can be hard to finally take the step of filing, it’s good to know that the right to do so always (or almost always) exists. For other entities, particularly states, the debate isn’t about when to file, but whether filing is even legally possible.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

Anyone who follows the news even a little bit has likely run across an article discussing either the merits or failings of the Affordable Care Act. Some blame the measure (also referred to as “Obamacare”) for rapidly rising health care costs. Others say the ACA should be heralded for bringing affordable health care coverage to millions of Americans. Though Republicans have now taken a concrete step to move closer to repealing and replacing the ACA, the Senate remains an obstacle and the fate of the Act is uncertain.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “I’m owed money by someone that filed bankruptcy. What can I do now?”

Most people understandably assume that if you own a business, whatever it is, you have the ability to seek bankruptcy protection if the need should arise. After all, the bankruptcy code doesn’t allow for judgments on the societal value of the business, all companies are seen as equally able to seek the protection of the bankruptcy system.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What is Chapter 11 Bankruptcy?”

One of the commonly understood virtues of filing for bankruptcy is that your pre-bankruptcy liabilities get wiped out. For individuals, this means that credit card debt or medical bills get wiped clean and creditors can’t come back years down the line and demand payment. The same is true for corporations. Those who have emerged from bankruptcy, especially those sold to new buyers after going into bankruptcy, expect a clean slate, something that makes buyers willing to take the risk of buying such companies in the first place.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are North Carolina’s exemptions?”

When you think of emotional distress claims, you understandably think of them in a personal injury context. The term is almost always associated with car accidents or workplace injures, something where someone also suffers physical harmed. Though it’s true that emotional distress exists primarily in the personal injury world, a recent case decided by the U.S. Court of Appeals for the Third Circuit demonstrates that emotional distress can sometimes involve bankruptcy proceedings.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

It’s an issue that almost no one pays attention to until you need it: the smooth functioning of the bankruptcy system. Though it seldom grabs headlines, it’s important nonetheless. Recent reports reveal that a number of bankruptcy judgeships are in danger of being eliminated, something that could wreak havoc across the country as a limited number of judges are forced to contend with a massive amount of complicated bankruptcy cases.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “Can I keep my car if I file bankruptcy?”

Though no one enjoys the process of filing tax returns, the good news for many is that tax time usually involves a tax refund, providing a nice chunk of change that can be used for other things. For some, this means taking money and splurging on a treat or a vacation. For others, it means paying bills. For another group, it means taking the money and using it to pay bankruptcy fees, escaping debt that has proven too big to maneuver.

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What is Chapter 11 Bankruptcy?”

The current Supreme Court, according to many critics, strongly leans in favor of big business, often at the expense of the little guy. Though the Court may have a well-established reputation as being friendly to corporations, a recent ruling proves that this isn’t always the case. In a recent ruling, Czyzewski et al., v. Jevic Holding Corp., the Court voted 6-2 in favor of individuals, rejecting claims by a New Jersey trucking company. To learn more about the bankruptcy case, keep reading.