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We are about a month away from the “fiscal cliff”

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We are about a month away from the “fiscal cliff”. If Congress does not come to an agreement on the budget to allow federal programs to continue operating, such as the unemployment program, then all of these programs will come to a halt and tax hikes and spending cuts will follow. When does all this happen? December 28th is the day we run into the fiscal cliff. If you are currently depending on unemployment benefits, you need to spend some time preparing for the fiscal cliff and looking at your options. If you have not yet explored bankruptcy to help you deal with your debt obligations, now may be the time to do it.

If your unemployment benefits are due to expire soon, if there is no employment opportunity in your near future, or if you want to prepare for the fiscal cliff, bankruptcy can eliminate all of your past due debt or unsecured debt previous to your filing. Discharging your debt will allow you to properly utilize your financial resources to help you get through difficult times and prepare for your recovery. You should get informed about your options with bankruptcy to see if it is the right solution for you.

At The Law Office of Douglas Pharr, we have helped many individuals and families eliminate debt that could haunt them for years and slow down their recovery. If you find that you may be impacted by the upcoming events following the fiscal cliff, you need to seek out the best solution possible for you and your family to continue to survive without the help of unemployment benefits. Make sure you are doing the right thing to keep your family and home above water.

At the Law Office of Douglas Pharr, we are ready to meet you for a free consultation to discuss your options in bankruptcy. Bankruptcy can be difficult without the proper guidance, but guidance through the bankruptcy process is our expertise.

If you would like to schedule an appointment with a Napa bankruptcy lawyer at our convenient Napa  location, contact us at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Arrested for White-Collar Crime

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If you are arrested on a white-collar crime charge, there are definitely certain things you should avoid doing.  First off, do not run.  If you attempt to flee, you run the risk of injury to yourself or others.  Law enforcement officials have been trained to draw their weapons when people run from an arrest.  Secondly, don’t talk when being arrested.  Use your rights by remaining silent stating that you will not say anything until you speak to your attorney.  Exerting too much information from the beginning will only be harmful for you.  Good attitude is crucial when dealing with law enforcement.  Don’t get sassy or interfere with the personnel affecting the arrest.

You also want to make sure you do not give any permission to search you, your personal belongings, your car, house or apartment.  If officials order you to turn over your bag or keys, politely state “you do not have my permission to search”.  Then however, hand over the item.  If witnesses are nearby and overhear this statement, your attorney can exclude any evidence that is found from this search.  When officials are conducting a search, act normal and casual throughout the entire process.  Do not tip them off by looking at precisely the place you don’t want them to search.  Some other things to avoid when being arrested is resisting the arrest, being overtly nice to convince your innocence, believing what they tell you, and inviting them inside your home.

At the Law Office of Douglas Pharr, we understand the urgency of your legal matter and can provide the legal help you need. Contact a Napa criminal lawyer right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Common Bill Collection Ploys

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Debt collectors are relentless, but the government and society have deemed their tactics to be intolerable. There are many different tactics they use in order to reach and get a hold of your money. They use caller ID. So if you call them, make sure to use *67 so they cannot see the phone number from which you are calling. It will not work however with toll-free numbers. The only tactic for that type of call would be using a public phone. Avoid giving a creditor or bill collector a postdated check even when they ask you to. Sometimes intentionally writing a check without sufficient funds is a crime and gives the creditor the added leverage of threatening criminal charges or challenging discharge of the debt in bankruptcy. Also be careful not to agree to a payment plan when you’re disputing any part of the debt. The FDCPA requires debt collection agencies and lawyers to stop collection efforts until they obtain verification of the debt and that every mistake made is corrected. If the dispute involves a revolving account, a credit-card account, or an electronic transfer of money, federal regulations provide you 60 days after receiving an erroneous bill within which to send a letter to the creditor indicating a billing error. Taping a bill collector’s call without consent is illegal in some states and risky in all. But it can help alleviate your situation if the collector is using repugnant or harsh voice.

If you have fallen behind on your bills and are being harassed by creditors contact a Napa Bankruptcy Lawyer, Douglas Pharr at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Inheritances, Life Insurance Benefits and Divorce Settlements

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Any inheritance or life insurance benefits left to you by someone who dies before or within 180 days after you file for bankruptcy become property of the estate. However, if the benefactor passes away before you file bankruptcy, you may be able to find a way of preventing your inheritance from going to the trustee. In some states, you can renounce an inheritance before you actually receive it so that it goes to other heirs. This strategy, however, is very tricky and features many pitfalls. It’s definitely something to bring up with your lawyer. May times, divorce and bankruptcy go hand in hand. If you become entitled to a divorce property settlement within 180 days after your petition date, the property can be used to pay creditors. These rules apply to property divisions (where a divorce court splits assets and allocates debts) but not to alimony or support, which usually are exempt. Sometimes filing bankruptcy and then waiting 180 days before filing for divorce is a better strategy. This way, any property you are awarded in the divorce wont be swept into your bankruptcy and liquidated to pay creditors. And, of course, make sure that your divorce lawyer knows about your bankruptcy plans, and your bankruptcy lawyers knows about your divorce.

If you have fallen behind on your bills and are being harassed by creditors contact a Napa Bankruptcy Attorney, Douglas Pharr at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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“Special Circumstances” to Pass the Means Test

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Even if you appear to flunk the Means Test, you can still qualify for Chapter 7 if you convince the court that you have special circumstances, such as a serious medical condition or a call to active duty in the Armed Forces that justifies additional expenses or adjustments of current monthly income for which there is no reasonable alternative.  Special circumstances may also be available if you just lost your high-paying job and for some reason must file bankruptcy immediately.  The fact that you made a lot of money last month doesn’t help you put food on the table for this month, so you may be able to convince a judge to allow you to file under Chapter 7 even if you flunk the Means Test.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy attorney in Napa, Douglas Pharr at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Getting Help with Compulsive Spending

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Compulsive spending is like any addiction that has serious and devastating emotional, financial, professional, and social consequences.  Approximately 25 percent of the American public has compulsive spending tendencies.  If you’ve become guarded and secretive about your buying, if you routinely spend more than you intend to, if you buy to take your mind off other things, you may have a problem.  If you’re unable to pass up a “good deal”, tend to live paycheck to paycheck and suspect you’d live that way no matter how much money you make, or you continually obsess over how you can juggle this debt or that bill to keep the collectors away, you already know you have a problem.

Many compulsive spenders find aid through Debtors Anonymous.  Its 12-sep process with support groups that help you understand that your problems are common and that many people have found ways to cope with it.  If joining support groups isn’t your thing, you may want to look for a private counselor who works with compulsive disorders.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy lawyer in Napa, Douglas Pharr at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Your Rights Under the Fourth Amendment

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The fourth amendment to the United States Constitution protects citizens against unreasonable searches and seizures.  The police normally must obtain a search warrant before searching you, your house, or your car.  To get a search warrant, the police apply to a judge or a magistrate.  The judge will issue a warrant only if the police present sufficient testimony and affidavits to establish probable cause that contraband or evidence of a crime will be found on the person or premises to be searched.  The warrant must carefully describe the person or premises to be searched, as well as the type of contraband or evidence sought.

During the search, the police must stay within the scope of the warrant, which is determined by the object they are looking for.  Something that is small and easily concealed justifies a more intensive search than a large object.  For example, if the warrant is for drugs or a handgun, the police can open drawers, go through cupboards, take air vents off to look in ventilation shafts, and so forth.  But if the search warrant were for a stolen twenty-seven-inch television set, the police would not be justified in going through drawers, ventilation shafts and other places too small to conceal the television.

At the Law Office of Douglas Pharr, we understand the urgency of your legal matter and can provide the legal help you need. Contact a criminal attorney in Napa right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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When to Use Deadly Force

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Your right to defend yourself includes the right to use “deadly force” in appropriate situations.  You can use deadly force to defend yourself only when you are in immediate danger of death or serious injury and deadly force is reasonably necessary to protect yourself.  In a number of states you must try to back away before using deadly force to stop your attacker, unless you are in your home at the time or you cannot retreat safely.  Many people mistakenly believe that they have almost a license to kill anyone who breaks into their home or shoot a potential intruder outside your home.  But before you use deadly force legally against the intruder, he or she must reasonably appear to pose a threat of imminent danger to you or your family.

At the Law Office of Douglas Pharr, we understand the urgency of your legal matter and can provide the legal help you need. Contact a criminal lawyer in Napa right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Choosing Which Bills to Pay First

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Chances are you won’t have the money to pay all your bills right away.  Current bills for living expenses is the most obvious one you need to continue paying but aside from that, choosing which other bills to pay is tricky and seeking advice from a lawyer is a good option.  Because debt collectors only care about collecting money, they will bully and manipulate terrible advice to get what they want.  It is important to keep in mind what is best for you and your family.  The most important payments you have to continue with is: first, rent or mortgage, then utilities, then essential vehicle, fines, child support and alimony, income taxes, and finally student loans.

Credit cards and loans from finance companies and medical bills do not make the list because these types of creditors must sue you and obtain a judgment before they can take any of your property.  If bankruptcy is inevitably in your future, you should neither repay any loans to close friends or family members nor loans that are cosigned by any of them.  Credit counselors may try to convince you into taking a home-equity loan to pay off your credit cards.  If you will be filing for bankruptcy, a home-equity loan is a terrible idea because you would transform unsecured debts into a debt secured by your home and if you don’t pay, they can take your home.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy attorney Napa, Douglas Pharr at (707) 258-2654 to see if you qualify to file bankruptcy and get a new fresh start.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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Intentional Torts

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An intentional tort is an offense when the person deliberately meant to hurt or damage your property.  For example, if some one punches you, purposely runs you over with his or her vehicle, or threatens you.  If the person meant to hit or hurt you in some way, it is considered battery.  If the person did so merely out of carelessness and did not intend to hurt you, it is negligent tort.  The most important legal difference between the two is that in an intentional tort, the victim is entitled to recover an award of punitive damages in addition to all other damages.  Punitive damages are designed to punish the person for doing the wrong.

Punitive damages are up to the jury and it varies from as little as $1 to more than $100,000 depending on the case.  In cases involving deliberate misconduct by a large corporation, punitive damages can run into the millions.

At the Law Office of Douglas Pharr, we understand the urgency of your legal matter and can provide the legal help you need. Contact a Napa criminal attorney right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case. Call (707) 258-2654 today.

Law Office of Douglas Pharr
1700 Second Street, Suite #333
Napa, CA 94559
(707) 258-2654

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