POLICE & FIREFIGHTERS
Special Presumptions for Police & Firefighters
We support the blue, firefighters, and members of our armed forces! Believe it or not, the state of California has special presumptions that work in favor for police, firefighters, and over high-risk public employees.
Because these types of jobs are inherently dangerous, the law presumes that certain injuries are work related. This means that you don’t have to prove that it was work related, because the burden of proof shifts onto the employer to prove that it wasn’t work related. This is common in heart problem cases for police, or lung cancer cases for firefighters.
In addition, rather than getting only two-thirds of your wages while on disability, police and firefighters are entitled to their full salary during that time, up to one whole year.
Oftentimes the insurance company will start off by denying your claim. This is a simple yet nasty strategy to deter the injured office, or firefighter from fighting the claim. Sometimes the insurance carrier will do this, knowing that the injuries are actually presumed by the law.
Even if you discover your injury after the fact, or after being terminated, you may still have time to file your claim up to 3 months for every year worked, not to exceed 60 months.
Having a knowledgeable and experienced lawyer on your side who is ready to serve is important in these types of cases to get every last benefit you are entitled to. Insurance will have the harshest attorneys on their side to mitigate their losses, so don’t be victim and call our lawyers to fight for you!
Who can file a Chapter 11? One common misconception is that only business can file a Chapter 11 bankruptcy, but in-fact, almost anyone or any entity is eligible. This includes individuals and/or businesses.
Chapter 11 is more suitable and common amongst businesses rather than individuals because it is more costly and far more complex than a Chapter 7 bankruptcy.
Typically, the economics involved in a Chapter 11 do not lend themselves favorably for most individuals with lesser amounts of debt owed, as opposed to higher net-worth clientele with more steady income streams.
What happens to the debt owed? In a Chapter 11 bankruptcy, a plan is created to pay back certain debts by reorganizing the business operations which can be done by renegotiating the obligations, and/or restructuring the assets and liabilities of the company.
The critical difference and feature of the Chapter 11 bankruptcy is that the debtor can remain open and operational while the bankruptcy takes its course. That is why in the Chapter 11, the debtor is sometimes referred to a “debtor in possession.”
During this time, we analyze areas of opportunity in reducing your expenses, making beneficial tax changes, and strategically plan your repayment options.
HOW DOES CHAPTER 11 WORK?
Unlike a Chapter 7 bankruptcy, the use of a trustee, is optional, and is not typical. A private trustee can be used to help implement a repayment plan that is suitable to you, and agreeable with the creditors. However, this is not a necessary requirement.
Ultimately, the proposed plan must be submitted and approved by the Court.
The Court will approve the plan, if it meets certain criteria such as:
Chapter 11 bankruptcy can remain on your credit report for 10 years just like the Chapter 7.
It is important to consider your options, and consult a professional when it comes to determining which type of Bankruptcy is most suitable to your situation – so be sure to contact us for a free consultation to discuss your bankruptcy options.