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Cancer May Cause Health Problems


Nobody can imagine what it feels like to hear the doctor utter those horrible words. “You have cancer.” A flood of thoughts go through your mind about what that means. The first and foremost concern is surviving. At this point, no specialist and no therapy is too expensive or out of the question. The doctor then explains the recommended treatment that the doctor explains. It will be a long, long road that you not only are willing to make, but that you really have no choice to make, either.

The reality of the situation often does not contemplate the economic costs because those are simply not important. However, as survival becomes certain so does the reality of the economic impact. A group called the Hutchinson Institute for Cancer authored a study recently published that showed several intersecting results. A person with cancer is more than 2.5 times more likely to file bankruptcy. 4,408 people diagnosed with cancer filed bankruptcy.

The reasons are both obvious and not so obvious. The obvious reason is that there are so many costs that are not covered by insurance. Even if everything was covered, the co-pays can be in the thousands of dollars. The non-obvious reasons include the inability to work during the treatment and the loss of a productive member of the household.

When a person is ill, they cannot do the “normal” functions whether it is housework, yard work, car maintenance, or taking the kids to school. The other spouse has to pick up those activities, but they are often reduced to being full time care giver and chauffer in addition to trying to keep the family supplied with income. Things around the house that used to be done on a shared basis no longer can be accomplished. Often, the family has to hire help to either be a nurse, yard worker, mechanic, etc. These things all take huge sums of money.

When the treatment is over, the reality of debt soaks in. It is not at all uncommon for a cancer survivor to emerge with over $100,000 in medical debt. That is a non-survivable amount of debt without help. Fortunately, our country just has provided a safety valve that takes care of such horrible situations. We have the ability to file bankruptcy to shed ourselves of that debt which we did not have any control of.

If you are faced with too much old debt, bankruptcy can be used to help you also become more lean and efficient. It can help you begin setting money aside for the children’s education and future. If you are in this situation, book an appointment with a skilled bankruptcy attorney. At Bailey & Galyen we would like to help you achieve your new future.

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Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

For more information regarding personal injury visit us here or contact us today at 800-218-6178

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Bailey & Galyen Opens New Fort Worth Office

Frost Bank Building Summit Office ParkBailey & Galyen’s new Fort Worth Office is open for business on June 1st. The office is located just South of I-30, at 1300 Summit Avenue, in the Frost Bank Building of The Summit Office Park. Not only are our attorneys some of the top litigators in the state of Texas, with extensive trial experience and an impressive record of success , but at Bailey & Galyen, many of our attorneys are board certified by the Texas Board of Legal Specialization in the following practice areas: Personal Injury Law, Family Law, Criminal Trial Law, Appellate & Civil Law. That means our clients are being represented by attorneys who have demonstrated special competence in their area of specialization. Furthermore, a board-certified attorney must also have extensive knowledge of the laws of evidence, procedure, and substantive law. We are proud of the fact that we offer the specialized talent of board-certified attorneys to our clients.

OUR NEW LOCATION:
1300 Summit Avenue
Suite 650
Fort Worth, TX 76102
Phone: 817-417-9660
www.galyen.com

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MORE HYPE AND POLITICS OF FEAR


Everybody blames President Obama for “Obama care”, when really, congress passed the legislation. If you want to be mad, be mad at Congress. When members of Congress says they are going to repeal Obama care, they are talking about repealing the law they passed. When they complain about the medical device tax and talking about repealing it, they passed it in the first place.

The hype about the medical device tax from the medical device manufacturers is that they will have to lay off employees and shutter their doors. The truth, however, is that they will not have to do either. They will increase device costs, and that will not affect patients one bit.

Skeptical that the device manufacturers won’t follow through on their threats? Consider the February 21, 2013 article by Arezu Sarvestani in the Mass Device Website. The site describes itself as the place for “News and information for the medical device industry and the companies that drive it.” So, if news and information is posted there about the medical device industry, it is reliable.

Sarvestani says in his article that “more than 40% of the medical device makers surveyed say they would raise prices to deal with some or all of the impact or the new 2.3% sales tax compared with only 11% who said they would reduce their staff”. Better yet, he reports that only 1% said they would exit the US market entirely.

The device manufactures go their politics of fear play out of the playbook of one of their biggest fans and supporters, President George W. Bush. They do not enjoy that support with the Obama administration as the later is trying to find real solutions for the economic disaster it inherited.

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Bankruptcy and Taxes

The treatment of taxes in bankruptcy is a complicated topic, but some rules of thumb apply.

Income taxes (federal or state) are generally not dischargeable in bankrputcy unless the returns have been filed, the taxes are old enough (usually 3+ years old) AND there is not a valid tax lien filed in a county where property (with any meaningful value) is held. However, a chapter 13 bankruptcy is an excellent way to pay back income taxes, because all future penalties and interest are stopped upon the filing and completion of a chapter 13 plan — no more chasing a moving target! When you consider that penalties and interest often make up a large portion of the overall tax debt, stopping those from accruing in the future is a substantial benefit.

Income tax returns are filed as normal during bankruptcy, and tax refunds are generally considered “income” in both chapter 7 and chapter 13 that may or may not be kept by the bankrupt debtor.

Sales and Payroll Taxes are almost NEVER dischargeable, as these are taxes collected by the debtor “in trust” for the taxing authority — for example, an employer that withholds taxes from employees’ paychecks. Government agencies are particularly aggressive (understandably so) in collecting these types of ‘trust fund’ taxes, making a chapter 13 particularly attractive as a way to reimburse the taxing authority without causing a shutdown of the business or loss of property.

Property taxes (both on land and personal property) are different from other taxes in that they are linked to the property; taxing authorities here (usually cities, counties, school districts, etc.) typically get an automatic “lien” or security interest against the taxed property to ensure payment. This means that taxes always get paid first, even before mortgages. Assuming that keeping the property is a priority, a chapter 13 bankruptcy can be a way to maintain the property while paying the taxing authority.

In a nutshell, then, while bankruptcy can’t eliminate many taxes, it can provide a way to pay them over time in a more affordable manner, making bankruptcy a worthwhile option for those debtors that have had a temporary setback but have a future ability to pay down the tax debt.

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