A Glossary of Insolvency Practitioner Terms and Definitions

When your business is going into insolvency, it can feel like you’re lost at sea. What you’ve worked so hard for has, in its current incarnation at least, come to an end. If your business has been deemed insolvent, then in many countries it’s the law that you must employ a licensed insolvency practitioner to carry out the formal insolvency proceedings on your business.

It’s at this stage where much of the confusion begins. Insolvency is a legal matter, and as such is flooded with legal terms which in turn confuse and obfuscate their true meaning. In this guide, we’re going to share with you some of the most common terms you’ll encounter as you go through the insolvency procedure. Let’s get started:

Administration: The process by which your company is placed under the control of a licensed insolvency practitioner and the protection of the country to achieve a specific statutory purpose. The purpose of administration is always to save the company, however, if that isn’t possible, it is to achieve a better result for creditors than if your business were liquidated. Of neither of those are possible, they will aim to liquidate property and assets in order to settle debts or secure preferential creditors.

Administration Order: This is typically a court order placed a company under the control of an administrator, following a petition by the company, its directors, its liquidator or a credit.

Bankrupt: If you’re declared bankrupt, it means that a bankruptcy order has been made by the court against you. This order signifies that you’re unable to pay your debts and will deprive you of your property, which will then be liquidated and distributed amongst your creditors.

LPA Receiver: The Law of Property Act of 1925 receiver (LPA) is a person appointed to take charge of a mortgaged property by a lender whose loan is in default. This person does not have to be a licensed insolvency practitioner. The typical purpose of this is to create a sale or collect rental income for the lender.

Winding-up Order: An order made by the court for a company to be placed in compulsory liquidation.

Winding-up Petition: Often confused with a winding-up order, a winding-up petition is a petition presented to the court seeking an order that the company is put into compulsory liquidation. It is then up to the courts to decide whether that is what happens.

WalshTaylor are one of the North’s leading Insolvency practitioners and offer assistance to businesses in trouble each and every day. Their helpful and friendly staff are always happy to take a phone call, so if you’re looking for licensed insolvency practitioners look no further than WalshTaylor.

Article Source: http://EzineArticles.com/expert/Alec_James/2053496

 

5 Legal Ways to Track People

While it’s not legal for common people to track other people through the use of GPS devices without their consent, you can do it legally if you want to track your spouse, kids or friends. After all, you want to take care of your loved ones to make sure they don’t end up hurting themselves. Given below are a few legal ways of keep an eye on others.

1. Use an app

It may be harder for you to keep an eye on your kids, especially when they are on the go. However, you can track your kids with some special devices. You don’t need to use the most expensive device. You will use invisible strings.

Actually, before you hand over the car keys to your kid, you will need to install an app on his or her mobile phone. For both Android and iOS, you can get several apps that will serve the same purpose.

These apps will allow you to track the exact location and speed of your kid with the help of the GPS data. However, the downside is that the app won’t give you the data if your kid disables it or it stops working for some unknown reason.

2. Use Social Media

According to experts, you can make use of Facebook in order to keep an eye on someone’s location. You can also use other social platforms, such as Google Latitude, Foursquare and Twitter, just to name a few.

All of the sites give pretty accurate information about the location of the users who sign up. What does this mean? For instance, Google Maps will show you who have been checked in and let you look at the photos of the place.

According to a recent poll, 15% of US residents make use of social media, especially Facebook to tell their friends that they have just left their home.

3. Tag your Kid

There are lots of devices that help you keep tabs on your kids, and pets. While they are not designed for this purpose, you can use them to take care of your kids and pets. The law doesn’t allow you to keep track of a grown-up with these devices. However, the rules are different as far as keeping track of minors is concerned.

You can try several protection services or applications in order to look for your lost mobile phone or other devices. All you have to do is use the login location or the GPS as soon as the device gets access to the Internet.

You can also use GPS-supported tags for your kids and pets. Some radio-tag systems are designed in a way that they can be connected to anything, including kids.

4. GPS-tracking phone plans

If you are a parent, you can use various features of software and service providers in order to monitor your teen’s mobile phone and online activities. If your kid spends money online playing their favorite games, these apps and service plans can work for you.

For instance, T-Mobile offers a plan that lets you look for your family members’ whereabouts. While the user of the phone won’t notice they are being tracked, most experts suggest that you should let your teen know that they will be tracked.

5. Private detective

Lastly, you can also hire a private detective to keep an eye on your kid for their safety. However, this will cost you a good amount of money. A few hours of services may cost you thousands of dollars.

So, these are a few tips to help you track someone legally.

Have you been looking to track your location online? If so, we suggest that you check out IPALF. They can give you a detailed information about your location and other things.

Article Source: http://EzineArticles.com/expert/Shalini_Madhav/2396631

 

The Benefits Of Legal Malpractice Lawyers

Sometimes you face issues in life that require an attorney’s legal representation, so you hire an attorney in full faith that she or he will do the best of their ability to help you win your case. However, what do you do when your attorney fails to do their work, makes mistakes, or seriously mishandles your case? You may consider hiring a legal malpractice lawyer to sue your attorney for legal malpractice.

To win a legal malpractice lawsuit, the plaintiff must prove specifically what standard professional code of conduct the attorney breached in addition to demonstrating that if the standard had not been breached the plaintiff would not have suffered financially. To prove a legal malpractice case, it must meet the following criteria:

The plaintiff must prove that an attorney-client relationship existed between the lawyer and the plaintiff, also there must be proof that there was a violation of the obligation to provide competent representation.

The plaintiff must also prove that this violation caused the plaintiff’s injury, and as a result, the injury led to a financial loss on the plaintiff’s behalf.

The most common types of legal malpractice include:

Breach of Contract

You will be required to sign a contract upon hiring a lawyer. Once the contract is in play, if the lawyer neglects to do what the terms of the contract oblige her or him to do, then he or she has committed legal malpractice, in which case he or she will be held liable for damages.

Negligence

Your attorney is obliged to handle your case just as any other competent attorney would under the same circumstances. If your attorney neglects to handle your case in a competent and sufficient manner, he or she may be at fault for legal malpractice. As a result, the attorney may be held legally responsible for damages.

Breach of Fiduciary Duty

Your attorney is legally required to act in your best interest. If your attorney neglects to act in your best interest and instead, acts in his or her best interest, and your case is negatively affected as a result, it is more than likely a case of legal malpractice based on a breach of fiduciary duty, in which case you can sue your attorney to recoup your loss.

There are various cases in which you may require a legal malpractice lawyer, some of the most common examples include:

The Attorney is Incompetent

If you have reason to believe that your case was thrown out as a result of your lawyer’s incompetence or failure to do his or her job, then you may have just cause for a malpractice claim provided that you can prove that if your case was handled properly, you could have been rewarded a judgment. If you are successful in proving your case, your attorney is responsible for compensating whatever money you could have been rewarded had your case been handled in a competent way.

The Attorney Fails to Communicate

When your attorney fails to communicate with you concerning the details of your case, it is not only frustrating, but it can cause you to seek another lawyer to represent you in the middle of the case, which can be difficult.

If your attorney neglects to communicate with you or return your phone calls for a long period of time, he or she may be guilty of abandoning you, which is a clear violation of the attorney’s ethical duty.

If you believe that this is your case, it is always recommended that you voice your concerns to your attorney. If this still does not resolve the issue, then you may consider obtaining legal malpractice lawyers to obtain a second opinion and possibly suing the attorney for legal malpractice.

Your Attorney Settles Your Case Without Your Consent

By law, your attorney may not consent to settle your case without your approval. If your attorney has settled your case without your consent and you can prove that the settlement the attorney agreed upon was much less than what your case was worth, your attorney may be held liable for damages.

The Best Qualifications in Finding a Lawyer

Proving legal malpractice is a difficult task; therefore, you need a Legal Malpractice Lawyer who is well practiced in this area to increase your chance of proving your case. An experienced lawyer has seen these types of cases and knows how the insurance company is likely to respond to avoid payment and can provide the expert resources you need to help strengthen your case.

Also, a qualified attorney is well adept in negotiations and will fight to get you the settlement you deserve, and in most cases, as quickly as possible.

Lastly, a qualified attorney is confident in his or her ability to help you win your case; therefore, he or she will not typically charge a fee unless your settlement or case is won. Also, they will also allow you to schedule a free consultation to discuss the details of your case and advise you on the best way to proceed.

Thomas Valet is a top 100 rated lawyer specializing in all aspects of malpractice, personal injury, and product liability cases. Learn more by visiting his website at http://www.ValetLaw.com

Article Source: http://EzineArticles.com/expert/Thomas_Valet/2401866

 

How to Use Your Authority As a Believer – You Have Power to Choose Your Master

You can choose who to serve. You can either serve God or Satan. Someone may ask, “Is there anyone who can choose to serve Satan?” Yes, you can. Choosing is not necessarily about speaking with your mouth and say, “I choose Satan.” It is more of actions. It is often said that actions speak louder than words and that is true.

When you yield yourself to sin, you are serving Satan. However, if you yield yourself to obedience, you serve God because He is the author of righteousness.

Romans 6:16 says, “Know ye not, that to whom ye yield yourselves servants to obey, his servants ye are to whom ye obey; whether of sin unto death, or of obedience unto righteousness?”

This scripture shows that your actions are very important in the spiritual battle we are facing. You may recognize that your actions are important in the physical realm because of their consequences. But you must realize also that even in the spiritual realm they are important. Speaking negatively about people may hurt those people thus releasing demonic forces against them. Over and above the physical and natural dimensions, there are spiritual dynamics in place. Even if what you say or do does not affect anybody, it will affect you. How? Negative actions like venting anger, resentment, frustration or unforgiveness open a door to the devil to enter into your life. If you do these things, you yield or present yourself to Satan. It is the devil that influences you to act in this manner because he wants you to open the door to him. In other words he is always knocking at the door of your life.

Human anger is not of God

According to James 1:20, the Bible says, “For the wrath of man worketh not the righteousness of God.” The wrath or anger of man do not produce or manifest the righteousness of God. If you allow anger and bitterness to occupy your life, such do not in any way accomplish the desires and goodness of God. The flesh cannot accomplish or fulfill the purposes of God. So you should not give place to losing temper and anger. That is not how the kingdom of God works. It does not matter whether anyone hears you or not when venting anger; it affects your own life.

The devil is always looking for an opportunity to attack your life. He jumps quickly to enter any open door in your life. The purpose for doing that is clear. It is to steal, kill and destroy.

“The thief cometh not, but for to steal, and to kill, and to destroy: I am come that they might have life, and that they might have it more abundantly.” (John 10:10).

The enemy is working hard to accomplish his mission. Look at what he likes and enjoy. It is written in James 3:16, “For where envying and strife is, there is confusion and every evil work.”

Spiritual dynamics

Be careful of what you say with your mouth. Doing so will ensure you are protected from the tricks and deception of the devil. In Psalms 141:3 it is recorded “Set a watch, O LORD, before my mouth; keep the door of my lips.”

Learn to be in control of your thought life. That is where all things start. What you think leads to the words you speak. The words you speak lead to actions. Captivate every thought to the obedience of Christ. We have weapons to use according to 2 Corinthians 10:5, “Casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ.”

Be in control of your actions. Demonstrating the fruit of the spirit ensures that the works of the flesh do not manifest. Let us read Galatians 5:22-24:

Gal 5:22 But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith,

Gal 5:23 Meekness, temperance: against such there is no law.

Gal 5:24 And they that are Christ’s have crucified the flesh with the affections and lusts.

With the above, no devil can have access in your life. No law can work against you. No law of flesh, the world, death can work against you. Only the law of life in Christ Jesus becomes operational in your life. The devil will be deprived of any chance to implement his mission found in John 10:10. You therefore need to be always conscious of the spiritual dynamics in action in your life.

God wants your life to be yielded to Him. If that happens, His power and blessings are released in your life. On the other hand, Satan wants you to be yielded to him so he can release his death and destruction. All ungodliness including bitterness and unforgiveness are an inroad of the devil into your life. So avoid the snares of the enemy. Please understand that there is no in between in life. It is either you are submitting to God and His influences or to the devil and his influences. Always remember that when you act you are releasing spiritual power in your life. It depends on who is in charge i.e. God or Satan. Therefore, allow me to state that the results you are reaping in your life today are as a result of the one to whom you have yielded yourself.

How are things conceived in our lives?

Let us look at a principle of conceiving things that finally manifest in our lives. It shows us how things are manifested in life. In other words, the principle shows us how things are created in our lives, good or bad. Please note that even though it appears on the negative, it also applies to the positive. We take it from the epistle of James 1:14-15:

Jas 1:14 But every man is tempted, when he is drawn away of his own lust, and enticed.

Jas 1:15 Then when lust hath conceived, it bringeth forth sin: and sin, when it is finished, bringeth forth death.

We see here that one is first drawn away from something into something else. One always occupies a certain position in life. When a word of life or deception is presented, you are drawn away. Then you get tempted if it is evil. After being drawn, we see that there is a conception stage, which leads to sin, then death. This scripture makes it clear that sin is conceived in your emotions. Any emotion you conceive, good or evil you birth it. It is important therefore to resist any thought that you do not want to be reality in your life. These thoughts may be those of anger, depression, suicide, marriage problems. Since we are in a spiritual battle, the devil takes advantage of those negative thoughts and emotions. Once thoughts have been emotionalized, they are created into tangible reality. Ensure therefore as a child of God that you quickly fight negative thoughts and abort them. Replace them with good ones i.e. positive thoughts and emotionalize them in order to see their reality. That quickens the creation process.

The devil is looking for people to devour according to 1 Peter 5:8, “Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour.”

Satan is a thief, killer, and destroyer. He has no authority to devour just anybody. Otherwise, we would all be destroyed by now if he was able to do so. You have to give him authority first for him to carry out his mission in your life. You must first yield to him.

We also learn that God has a will for our lives. But again, we also need to yield to him. Yielding to Him means we are giving Him authority. Jesus in John 10:10, says, “… I am come that they might have life, and that they might have it more abundantly.” The Lord Jesus Christ wants to release His life in you by the power of the Holy Spirit. This is the kind of life the devil is trying you steal, kill, and destroy in you. It is worth stating that both forces are able to manifest your thoughts and emotions. The good news is that you are the determining factor. It depends on you as to which force you allow. So what make the difference in your life are your thoughts, choices, and actions.

Your words are powerful

It is important to understand that your words are creative and powerful. They can have a strong and lasting impact in your life and those around you. How is that so? Your thoughts result in the words you speak. The words you speak express what you have come to accept and believe. What you believe will result in actions. You therefore need the Word of God to believe the right thing. Fill your heart with them so they can govern your thought life. The words you speak to people under your authority impact them. Ensure therefore that you build your children with good words. Create a beautiful life for your children. Avoid destroying them with words spoken in anger. Spoken words either shape or destroy lives.

Proverbs 18:20-21 has the following to say:

Pro 18:20 A man’s belly shall be satisfied with the fruit of his mouth; and with the increase of his lips shall he be filled.

Pro 18:21 Death and life are in the power of the tongue: and they that love it shall eat the fruit thereof.

If you speak negative words, the devil will use them against your life and your loved ones. The scripture above means that one’s life is filled or satisfied according to the abundance of words spoken through the mouth. Before words can be spoken there must have been conceived thoughts. Once one has conceived something, it will surely come to pass. Negative words, strife, and depression can cause serious problems in a family. These things can affect family members especially children. Learn to create a good environment for your family. Let your children have a safe and good environment for them to grow up. This will boost their confidence and creativity, which is a good base for life.

Ignorance is dangerous

Ignorance of how spiritual forces work has led to the destruction of many families, relationships, and lives. Awareness of these spiritual forces will help you to be careful of thoughts, words, and actions. James 3:16 has the following to say:

“For where envying and strife is, there is confusion and every evil work.”

Most people have accepted strife and fighting as normal where there are people. These are behaviors viewed as unavoidable. But as much as there may be disagreements on some issues of life, they can be better handled than allowing strife to rule. The problem is that there are spiritual forces that come to play in such an environment. As a result things can completely come out of hand. The Bible above states that there will be confusion where there is envying and strife. The worst part is that it does not end with confusion, but EVERY evil work. There are demonic activities. It means the devil can manipulate the situation and do any evil he wants against you. These are things that activate the operation of the devil against your life.

In 1 Corinthians 14:33 the Bible says, “For God is not the author of confusion, but of peace, as in all churches of the saints.” We learn here that God is not the author of confusion. We serve a God of peace. Peace must rule in our lives all the time. If there is peace, the enemy is denied access. Now, if God is not the author of confusion then who is? The obvious answer is that it is the devil. The devil likes confusion. He feeds and breeds in confusion and strife. That is why every evil work is found there. In such circumstances, the devil is in control. I am sure that you don’t want such as a child of God. The good thing is that you are the determining factor. Avoid it. Fight it in Jesus name.

Confusion and strife open the door wide to the devil and his demons to manifest. They give Satan the opportunity to destroy you and everything you care about. In such circumstances you will start seeing different forms of tragedy, poverty, sickness, and death manifesting. The devil is like a roaring lion looking for someone to devour. The best thing you can do is to resist the devil and ensure that no door is open to him. He is your enemy.

Blessings in Jesus Name!

Visit https://freedomcentreinternationalchurch.wordpress.com/// for more information. I help People Find Spiritual Solutions through Training, and Counseling by the Word of God. The Word will Sustain your life. Do what it says and your life will never be the same again.

Article Source: http://EzineArticles.com/expert/Elphas_Sipho_Mdluli/580836

 

Military Divorce Lawyers

If you, your spouse, or both of you are in the military and have decided to divorce, you should use the services of military divorce lawyers. The reason is that a military divorce can be a very complicated legal matter that requires the knowledge of this type of lawyer. Although this type of divorce will follow the same procedures as a regular civilian divorce there are some intricacies that are different. These include retirement and military benefits, living arrangements that have to be dealt with separately, and the serving of divorce papers. Because civilian divorce lawyers do not understand the military laws that surround a military divorce is why you would need such a lawyer.

The military uses the same legal system as the civilian divorce proceeding do so there are no military judges or military divorce courts. There is one rule that is different in military divorces that is not in civilian divorces. Across the United States in most jurisdictions, the serving of divorce papers have to be made in person and within a certain amount of time but it is different with a military divorce. There are laws that will protect the member of the military if there is an unusual delay in the proceeding because they are not able to be served the papers or to attend the proceedings because of active duty.

To become such a lawyer you should know the particulars of all applicable federal and state laws that could apply to any divorce. State laws govern most divorces but with military divorces this is not entirely true. In regards to pensions, custody of children, military benefits, retirement, and child support or alimony there are some federal laws that will trump state laws. In rare cases, there are some portions of the hearing that may need to be heard by federal judges. If one or both members involved in the divorce are stationed overseas, there could be additional issues that pop up.

For military lawyers they do not need to be a member of any branch of the military. They are lawyers that specialize in divorce, specifically military divorce. To become a military lawyer you need to have a bachelor’s degree, a Juris Doctorate (J.D.) from a law school that is accredited, and pass the Bar Association examination. You will also need experience working as a divorce attorney or have a job working with a law firm that specializes in divorce. The last thing you need is an understanding of all issues that are involved with a military divorce.
To be admitted to a good law school you have to have had a high grade point average throughout your bachelor degree program and pass the admissions test

This article is penned by Lora Davis for Schreier & Housewirth Family Law. Schreier & Housewirth Family Law is husband and wife duo who have been practicing divorce cases for more than 25 years and the leading divorce lawyers in Fort Worth. If you are looking for qualified and experienced CPS lawyers in Fort Worth for legal presentation on child custody cases in Texas then call (817) 923-9999.

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