Singularly, the first of the aforementioned Directives, of the European Parliament and of the Council of February 26, 2014, caused in the regulation of the services in general sensible modifications-eliminating for example the division of categories and of legal regimes depending on the same- , which meant for the specific contract of legal services that would only be subject to public contract law when its budget exceeded 750,000 euros (Article 4 of the Directive), and that its contractual purpose had not been expressly excluded under the articles 7 to 17 of it.
As a consequence, this community norm excluded and excludes from its scope of application-specific legal services, in particular, those indicated in article 10, d), such as those of legitimate defense of Public Administrations using a lawyer.
Regardless of the precise and precise nature of the exclusion of legal services through a lawyer by this Directive - which would have supposed its direct effect from 18 April 2016 until the new Law was enacted - a specific advisory doctrine However, he recalled that this immediate effect requires the formal transposition of the internal law, especially when dealing with the so-called vertical descending fact, which is why we should wait for the aforementioned exclusion to be transposed into Spanish law, according to that interpretation.
The aforementioned article 10 of the Directive, of an apparent content, provides that this "will not apply to public contracts for services for arbitration and conciliation, nor for any of the following legal services
Legal representation of a client by a lawyer, in the meaning of Article 1 of Council Directive 77/249 / EEC (for the freedom to provide services by lawyers), in an arbitration or conciliation concluded in a Member State
Third country or before an international mediation or arbitration body; or in a judicial proceeding before the courts or public authorities of a Member State, a third country or before jurisdictional bodies or international institutions.
However, what could hardly be conceived is that once transposed Directive 2014/24 / EU by the approved law, the exclusions of the legal services of its regulation, far from being respected, were not addressed by the national legislator.
When you file for bankruptcy relief, your goal is to get out debt. For that reason, you want to discharge as many of your debts as possible. While most unsecured debts are eligible for a discharge in Chapter 7 and Chapter 13, several debts cannot be discharged in bankruptcy.
Common debts that are not eligible for a bankruptcy discharge include:
• Alimony or spousal support
• Child support
• Most debts owed to government entities
• Income Taxes
• Student Loans
In some cases, a debtor can discharge income taxes if the taxes meet all of the requirements for discharge of old tax debt. Furthermore, some debtors qualify for a hardship discharge of student loans. However, most income taxes and student loans are not dischargeable in a bankruptcy case.
Are There Other Debts That Are Not Dischargeable?
Yes, other debts may not be dischargeable in a bankruptcy case. Creditors may file an objection to discharge to stop the debts from being discharged pursuant to bankruptcy laws. An adversary proceeding is a lawsuit within the bankruptcy court seeking various relief. Creditors who believe that their debts are not eligible for a discharge under bankruptcy laws may file an adversary proceeding in your case.
Defending an adversary proceeding can be expensive and time-consuming. It is always best to disclose all information to your Orange Park Bankruptcy Lawyer your debts. He can deal with a variety of issues within a bankruptcy case, but he must know about the issues to deal with them effectively.
Debts That May Be Allowed After a Creditor Objects to Discharge or Files an Adversary Proceeding
Three debts that might be allowed if a creditor or party files an adversary proceeding under Bankruptcy Code §523 are:
• Debts for Luxury Goods Within 90 Days of Filing Bankruptcy
Under §523 of the Bankruptcy Code, the court may declare a debt non-dischargeable if the debt was incurred under “false pretenses, a false representation, or actual fraud.” The code section does not explain or define these terms. Therefore, the court applies the decisions in previous cases to determine if a debt was obtained under fraud or false pretenses when a creditor objects to discharge based on these grounds.
One of the common types of transactions that fall within this category is the purchase of luxury goods within 90 days before filing your bankruptcy petition. If you incurred consumer debt to purchase $675 in “luxury” goods or services within the 90 days of filing your bankruptcy petition, the court will presume the debt is non-dischargeable unless you can prove that there was no intended misrepresentation or fraud.
The creditor does not need to prove that you did not intend to pay the debt to win the case because of the automatic presumption that you knew you would be filing for bankruptcy relief within three months and would not be required to repay the debt.
“Luxury” goods or services do not need to be high-dollar, brand name, or designer goods and services. Goods and services may fall into this category if they are not reasonably necessary for your maintenance or support or the maintenance and support of your dependents. Convincing the court what is “reasonably necessary” could be an uphill battle.
• Credit Card Debt Incurred to Pay Debts That Would be Non-Dischargeable
Credit card debt that is not incurred through fraud, misrepresentation, or other illegal circumstances is typically dischargeable in bankruptcy. Most debtors discharge all credit card debt when they file for bankruptcy relief. However, a creditor may object to your discharge if you used your credit cards to pay debts that would otherwise be non-dischargeable in your bankruptcy case. For example, domestic support (alimony, spousal support, and child support) is non-dischargeable in a bankruptcy case (courtesy of Tony Turner’s tweet). Most student loans and income tax debts are also non-dischargeable in Chapter 7 and Chapter 13 cases. If you use your credit cards to pay these debts before filing a bankruptcy case, the creditor may successfully challenge the discharge. The theory is that a debtor should not be allowed to use credit that is typically dischargeable to get rid of debts that the debtor is legally liable to pay regardless of whether the debtor obtains a bankruptcy discharge.
• Damages Related to Intentional Acts That Cause Another Person Injury or Damages
Section 523(a)(6) prohibits a debtor from discharging debts that are incurred because of the “willful and malicious injury” to another person. These acts are known as “intentional torts,” including personal injury judgments and settlements. A common example of a debt that is typically not eligible for discharge under this section would be a personal judgment related to a drunk driving accident or a drugged driving accident. Another example would be if the debtor intentionally caused another person injury by assaulting the person physically.
For example, if a debtor has a personal injury judgment arising from a DUI accident for $50,000, that debt would probably not be dischargeable in a bankruptcy case.
Notify Your Bankruptcy Attorney of Unusual Issues Immediately
Even though you may owe a debt that is potentially non-dischargeable, there might be a way to file for bankruptcy relief to get rid of the debt. For instance, the timing of your bankruptcy filing may be adjusted to decrease the chance the creditor may file an adversary proceeding objecting to discharge. However, your attorney must be aware of the issue to develop a strategy for dealing with any potential problems.
Being honest and upfront with your bankruptcy attorney is the best way to avoid problems in your bankruptcy case. Your attorney is your legal advocate to protect your best interest. Help your attorney by disclosing all information, even if you do not think it may be relevant.…
We have recently received several emails to share about the legal practices in other countries, specifically in Asia. And top of our choice in terms of the legal system is Singapore. Disputes are likely to occur when two or parties transact. There are many reasons why lawyers are hired. It can be for advisory role, to determine if there is a case in case disputes arise and for representation in a court of law, although not all disputes end up in a court of law. As there are many law firms that offer various legal services, here is the process a person can follow when seeking legal help in Singapore:
• Identifying a suitable law firm. As earlier stated, there are hundreds of law firms in Singapore to choose from. There are many criterion that a person can use when selecting a perfect lawyer. You can choose a lawyer based on experience and the cases they have specialised in among others.
• Presenting the case. This is the stage that determines if there is sufficient reason and evidence to proceed to a court of law. This is also where the advocate tries to offer alternative dispute resolution mechanisms. Bringing matters to court is usually the last resort.
• If there is a case, the selected advocate will ask for necessary evidence and start preparing the case.
There is not much difference here when it comes to offering legal guidance. It depends on a client’s query and a lawyer’s specialisation.
Why should you seek legal advice?
This question is commonly asked by many people in Singapore. Legal disputes can ruin the reputation of a business. As we all know, lawyers are trained to handle legal issues. Here are a few reasons why you should seek legal help:
• Lawyers might help you get paid various remedies, you suffered or incurred as a result of a dispute.
• Advocates will help clear your name. The court can clear a person or a Company from any charges. Legal services can help maintain the reputation of a Company.
• Legal services are quite affordable compared to other dispute resolution mechanisms in Singapore.
• Lawyers are experts in legal matters are familiar with a wide field of law. So if you’re involved in marital disputes, you’d want to engage a good divorce lawyer Singapore, rather than a criminal lawyer.
Choosing a law firm
As earlier stated, there are numerous advocates in Singapore to choose from. However, people find it difficult to find a suitable lawyer to handle their cases. Here are some guidelines to help you choose a perfect law firm in Singapore:
• Start off by compiling a list of top law firms near your location. Always go for firms you can easily access to minimise transportation costs.
• Check out the reputation of the selected advocate firms from the list. There are some lawyers who have a bad reputation when it comes to both serving clients and handling cases. You can check out reviews and testimonials.
• The third step involves asking for a quotation for the selected advocate’s firm. Lawyers in Singapore charge different prices for their services. You should hire a lawyer you can comfortably afford without straining.
• Inquire if there is a lawyer specifically trained to handle your case. If yes, make them your first choice preference. You can try looking through connections on legal portals, such as Asia Law Network or SLIC LinkedIn profile. Pages like these have many lawyers connected to them on a first degree basis.
In conclusion, you can make a huge progress by seeking legal services whenever disputes arise but knowing who to choose is a real deal breaker. Use the above suggestions to narrow down your options and you’d be good to go.…
The world is no longer the same as a decade ago, and in 10 years we will not be the same as today. The market changes, business strategies and therefore growth models have to adapt to the new reality and anticipate a future where change will be the general trend. Thus, the question is obvious: are lawyers adapting to these changes? And it is very likely that we are one of the professions most reluctant to change.
Have we stopped to think about the consequences of the changes experienced in the companies we advise? Do we know their new realities? Should we complement the services provided? Do we have a formal innovation process in our structures?
The new reality forces us to take quick steps to adapt to current circumstances, aimed at an inevitable change of legal services, both from the exogenous and endogenous point of view.
Exogenous regarding the services required: currently they are radically different from the traditional ones.
Likewise, the legal advice provided in preparation for one of the aforementioned procedures is excluded, or when there is a specific indication and a high probability that the matter on which it is advised will be subject to said systems, provided that the advice is provided by a lawyer within the meaning of Article 1 of the aforementioned Directive 77/249 / EEC; or the services of certification and authentication of documents that must be provided by a notary; or legal services provided by administrators, guardians or other legal services whose suppliers are appointed by a court in the Member State concerned or designated by law to perform specific functions under the supervision of such courts; or, finally, other legal services that in the Member State in question are related, even occasionally, with the exercise of public power.