“Warren & Migliaccio is a debt relief agency that helps people and their loved ones file for bankruptcy”

Bankruptcy cases encompass the dissolution of a business or the reorganization of a person’s estate, as well as the impact of these events on the creditors of businesses or individuals.

It is a legally declared inability or impairment of a person, organization or business to pay creditors. Creditors may file a bankruptcy petition (involuntary bankruptcy) against a debtor in order to recoup a portion of what they are owed.  In most situations, a debtor will initiate a voluntary bankruptcy that is filed by the individual or organization.

Bankruptcy seeks to benefit a debtor by seeing that debtors get partial or complete relief from debts they can not pay.  When you file the bankruptcy, the Court orders an automatic stay and all collection activities of creditors stop immediately.

Depending on the type of bankruptcy and your situation, bankruptcy may wipe out (discharge—Chapter 7)the debts you owe or allow you to file a plan (reorganization Chapter 13) with bankruptcy court proposing how you will repay your creditors.

Bankruptcy can give you a chance for a fresh financial start!

Tax Law covers a broad range of property and transactions which are subject to taxation, such as property value, transactions (transfers and sales), and licenses granting a right and/or income. The taxes involved in tax law include federal and state income taxes, county and city taxes on real property, state and/or local sales tax based on a percentage of each retail transaction, duties on imports from foreign countries, business licenses, federal tax (and some states' taxes) on the estates of persons who have died, taxes on large gifts and a state "use" tax in lieu of sales tax imposed on certain goods bought outside of the state.

Congress is empowered to tax "incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." The Internal Revenue Code is today embodied as Title 26 of the United States Code (26 U.S.C.). Individuals as well as corporations are required to file income tax returns. While corporations are subject to many of the same rules as are individual taxpayers, they are also covered by an intricate body of rules, specifically related to the problems of the corporations.

Wills, Trusts & Estate Planning cases include the drafting and execution of documents designed to manage your estate. This involves Wills, Trusts, Powers of Attorney, Medical Directives and Agency, Estate Taxes, Probate Avoidance, Powers of Appointment, and Business Planning.

For more information, visit the WM Law Library and look for the Estate Planning Questionnaire and Estate Planning Document Comparison.

Related Areas

Probate: legal actions to authenticate Wills, Estate Administration, & Guardianship
Family Law: effect on your estate when the marriage is dissolved
Property: characterization of Property, Estates in Land
Tax: estate taxes, income tax consequences

Health & Elder Law involves the care and treatment of individuals and their relationship to healthcare providers.

It covers a broad range of legal concerns which include healthcare law, elder law and long-term care, medical devices, mental health, alternative care, medicine, public health and medical care to the entire medical field, including specific laws which govern the health industry: physicians, nurses, hospitals and health systems, long-term care facilities, home care providers, and consumers. Source

Elder Care Law focuses on living trusts, power of attorney, Medicare, Medicaid, insurance and other senior legal issues. This law enables you to empower someone to take care of you once you can’t do it yourself, how and what care you want, directives to physicians and hospitals regarding life-saving measures, and instructing how to distribute your assets following end-of-life.

It can also include situations involving elder abuse, i.e., causing harm or taking advantage of an elderly person who is unable to physically care for himself or herself, or who is mentally impaired due to dementia or Alzheimer’s, for example.

Business Litigation cases involve legal proceeding wherein one or both parties are business entities. The forms of these cases can be very broad in that suits may involve contractual disputes between businesses, or disputes involving a business and an individual, or in some cases the government. Almost every area of the law has some relation to Business Litigation.

Business Organizations are cases involving the structure of businesses. This concerns Corporations, Limited Liability Companies, Limited Liability Partnerships, and Sole Proprietorships, director liability, shareholder rights, corporate governance.

Related Areas:

Administrative Law refers to cases involving the legal process contained in a governmental agency seeking to enforce its own rules and regulations. The governmental agency can be either state or federal and can involve any type of rule or regulation promulgated by that agency. The governmental agency either has its own quasi judicial body or utilizes the administrative apparatus of another agency or itinerant administrative law judges who have general jurisdiction and work in different agencies.

Civil Litigation. This is a term of art referring to legal proceeding or action which is not criminal or administrative. It can involve both individuals and businesses and includes suits filed in both probate courts and county and district courts. The types of cases may involve individuals suing each other, individuals involved in suits with businesses or the government, and in other cases suits between two businesses.

Traffic Violations

The total amount of a traffic fine is made up of amounts required to be paid by state laws as well as county and city ordinances, which vary by jurisdiction. There are three levels of severity of traffic violations: infractions, misdemeanors, and felonies. Most traffic violations are infractions, but some, like vehicular manslaughter, are felonies.

Infractions are not punishable by jail or prison and not always subject to trial by jury; the punishment is a fine. The more common traffic infractions include speeding and running a red light or stop sign. Drivers stopped for moving violations are usually released after they sign a Note to Appear, printed on the ticket, agreeing to appear at a set date and time. The traffic ticket provides information about when to appear in court.

Drivers charged with an infraction who want to admit guilt can avoid a court appearance by paying the fine in person or by mail. If drivers do not pay the traffic fine within the authorized time, their driver's license may be suspended or a warrant of arrest may be issued. Usually they also will not be able to renew their vehicle registration until they have paid all outstanding citations and administrative costs in full.

Drivers who plead not guilty and request a trial may be required to post bail or sign a written document to appear in court. If they fail to appear, they will be charged with the additional misdemeanor of violating their agreement to appear. In this case, a warrant may be issued for their arrest and their driver's license may also be suspended.

Upon receipt of a traffic citation, a driver may have the following options:

1. Pay the ticket.
2. Go to Driver's Improvement School.
3. Contest the ticket in court.

The traffic fine may result in a loss of driving privileges and higher insurance rates. In some jurisdictions, damage to the driving record may be waived upon completion of a driver's improvement course. Local laws should be consulted for the specific requirements in your area.

Misdemeanors

A misdemeanor is an offense for which a sentence to a term of imprisonment not in excess of one year may be imposed. A misdemeanor is less serious than a felony and is punishable by fine or imprisonment in a city or county jail rather than in a prison.

Misdemeanors are tried in the lower courts, such as municipal, county or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault, driving while intoxicated without injury to others, drunkenness in public, various traffic violations, public nuisances. The District Attorney may have discretion to charge some crimes as either a felony or a misdemeanor, depending on the circumstances.

Misdemeanors may be classified by level of seriousness. More serious misdemeanors carry harsher penalties. The classification of misdemeanors varies by jurisdiction and crime. Typically, when misdemeanors are classified into categories, a Class A misdemeanor is more severely punished than lower level Class B and even lower level Class C misdemeanors.

Criminal Law is a case wherein an individual or business is accused by the State or Federal Government of violating a law imposing a fine and/or a jail or prison sentence.Criminal violations can be divided into felonies (those violations wherein the maximum punishment involves confinement of over one year, and misdemeanors wherein the maximum sentence is punishable by confinement of less than one year or a monetary fine. Felonies are prosecuted on an indictment returned from a grand jury and misdemeanors are prosecuted on an Information filed by a prosecutor.

Federal violations involve crimes such as money laundering, tax fraud, securities fraud, conspiracy, and counterfeiting. State cases involve the more sordid type of crime involving crimes against people and the public welfare.