Saturday, July 31, 2010

Gas Stations Prosecuted For Price Gouging After Hurricane Katrina

Missouri Attorney General Jay Nixon has charged a handful of Gas Stations for Price Gouging in the wake of Hurricane Katrina. Some are questioning his motives. Here's Why...

Missouri Attorney General Jay Nixon has charged a handful of gas stations mainly in Southern Missouri with price gouging claiming they inflated their profit margins over 400 percent right after the Hurricane Katrina Disaster, That's right 400 Percent like those no good Gougers up and throw away the key!

Not so fast, let's first examine the facts. The Funny thing is the gas stations that were charged with price gouging were charging no more then other local stations who were not charged gouging.

What does a 400 Percent Profit margine really mean? At first glance one would think if you are making 2 cents a gallon and you now increase your profit margin 400 Percent you would be making 8 cents a gallon. But if the gas currently in your underground tank cost't you $2.97 a gallon and any new gas you buy will cost you $3.17 a gallon should that 8 Cents per gallon profit be addded to your current price cost or future price cost.
Even if you raise your gas price to $3.16 a gallon it could be argued that you are loosing money because any new gas you purchase will cost you $3.17 a gallon.

That is precisely the arguments being made by the Gas Stations accused of Gouging by Missouri Attorney General Jay Nixon that he is not taking into account the replacement cost of the gasoline.

Friday, July 30, 2010

An Introduction to the Living Trust

First of all, what is a "living trust"? Basically, a living trust is a legal entity that you can move your assets into for various reasons, including to avoid probate after you pass away. Also, if desired, the assets in your living trust can be controlled by another person. The person setting up the trust is called the settlor or the trustor, and the person who can control the trust is the trustee. A third person may be involved, the beneficiary, if the assets are administered for their benefit.

The "living" part means that the trust is in effect while the settlor is still alive, which makes it different from a trust created with a will at the time of death. Because the settlor is still alive, they have control over the trust and can revoke the arrangement at any time. Sometimes the term "revocable living trust" is used to reflect this.

It's actually quite common for the settlor, trustee and beneficiary to all be the same person. You can establish a trust for your own assets, be your own trustee and then use those assets to pay your bills (which makes you the beneficiary). For a married couple, husband and wife can be co-trustees of a trust.

People can be leery of living trusts because they think they are giving away their assets and losing control. The assets will no longer be legally in their name, but as they are still in control of the trust.

A agreement should include details on how to proceed should the trustee pass away, and also have an ultimate plan for asset distribution. A trust provides control and continuity in that you can continue the same trust after your death to handle and allocate your assets.

If your assets are placed into the trust while you are alive, they can still be given to your heirs outside of probate upon your death, which will save a great deal of time and money for your estate. That doesn't mean a living trust is the right answer for everyone. There are other ways of avoiding probate costs as well.

As mentioned, the settlor can change the trust at any time when it is set up as a revocable trust. There is such a thing as an irrevocable living trust (usually used for tax purposes) where you will not be able to revoke the trust once established. Make sure your attorney knows which one you are interested in before proceeding.

Thursday, July 29, 2010

A Motion to Dismiss and What it Means For Your Divorce

A motion to dismiss means one party to a divorce applies to the court to stop the divorce application from proceeding. It's not all that common and the response from the judge varies.

If you are involved in a divorce and then you and your spouse decide you don't want to go through with the divorce, then almost certainly a judge with agree to a motion to dismiss.

But if one partner is in dispute over some issue arising from the separation e.g. child support, the spouse paying the child support may seek to stall proceedings in order to seek agreement on a change in the financial arrangements. The judge would look at the circumstances and make a decision. In some cases the judge would not agree to this motion to dismiss and would have the divorce application proceed.

Now divorce is a state issue and each state is unique. Any person seeking a divorce or involved in a divorce must consult the legislation which is relevant. The legislation is the one drawn up by the state in which the divorce is to be heard. Know the law. If you're using a lawyer, he or she should know the situation but if you are acting for yourself, the relevant legislation is available for perusal online.

Now there are two cooling off periods in most divorce situations. The first comes when the divorce application is made. The court usually allows thirty days for the other spouse to respond. Their response may alter the date of the hearing if the judge feels the respondent needs more time to prepare.

The second cooling off period comes once the application has been agreed to. There is usually another thirty days before the divorce comes into law. In both of these cooling off periods both spouses have the opportunity to file a motion to dismiss.

You might think it would be crazy that someone applies for a divorce, has it granted and then in the time before it becomes law, files a motion to dismiss. It has happened. It might be that the love was rekindled and the couple decide to give their marriage another chance.

It might be that the respondent lives in another state and wants the divorce heard in their home state. Maybe the legislation in that state is considered more favorable or less harsh. Who knows? But that can be the reason for the filing of a motion to dismiss.

Remember though that filing a motion to dismiss does not mean anything unless the judge agrees. The motion in itself is a request which can be denied or agreed to by the judge. He or she decides the outcome in every application.

If you are representing yourself in your divorce, you would be wise to consult a lawyer before filing for a motion to dismiss. The lawyer may well know the law in the State in question and could even know the previous record of the judge handling the case. Take sound advice.

Wednesday, July 28, 2010

What Do You Need to Know About a Free Consultation With a Bankruptcy Attorney?

A free consultation is really just a call to action from an attorney. By offering a free consultation, a St. Louis Missouri or Belleville, Illinois bankruptcy attorney gets you to take the next step in getting protection from foreclosure, credit card debt help, and relief from the harassment of your creditors.

Most attorneys know that if they can get you into their office, the likelihood that you will sign up with them, regardless of whether they are the right attorney, increases dramatically. Does that mean there is something wrong with free consultations? Absolutely not! In fact, we offer them. For Missouri or Illinois Chapter 7 or Chapter 13 bankruptcy, they are incredibly necessary. Sometimes you just can't figure out if you should file bankruptcy or not until you speak with someone about it.

A free consultation is really just the fastest way for you to address your financial future. However, if all the bankruptcy attorney in St. Louis offer them, how can you decide which attorney is best for you? Fortunately, you don't have to settle just for a free consultation.

A bankruptcy attorney at a St. Louis law firm that truly has your best interest at heart is willing to educate you before you even step foot in their office. How could an attorney teach you something before you even speak with him or her? They do so by writing and offering free information about your most pressing issues and questions.

What kind of information can you expect to be offered? Bankruptcy FAQ, articles and blogs are all a great place to start. Typically, an attorney can provide you with answers to your toughest questions by addressing them through written material, made available on his or her website. Also, if an attorney takes the time to write about the industry, it usually means that he or she is willing to keep up with the changes and news that could be important to your case.

Some attorneys will even take the time to write a book or report to offer for free to his or her potential clients. These are great tools that help you come to a conclusion about filing bankruptcy without the pressure of being in an office. If an attorney isn't offering you free information, it may not mean that he or she is a bad attorney but it may mean that he or she does not have enough experience to be able to answer all your questions.

Tuesday, July 27, 2010

Insurance Brokerage Marketing Analysis - Worst States For Marketing Insurance

This is a commentary on the 19 states ranking lowest for insurance brokerage marketing remains. Insider fact revealed - This analysis reveals that in 17 of these 19 states, they appear among the top 25 for highest income ranking. Find out why.

Logic would say, the richest states, should produce the best money making brokerage opportunities. In-depth Research should this is not true. The main factor being the overwhelming presence of career based life insurance agencies, pushing new agents into financial planning. How many agent trainees could be consider efficient financial advisors? This leads to few lasting very long in their insurance career venture. Insurance Brokerage Marketing requires sufficient numbers of semi-independent agents and independent brokers to make endeavors pay off.

DELAWARE, Rating = 32

The very small agent base consists of around 3,000 annuity, life and health producers. This number can be refined further to only about 1,100 who have interest in placing brokerage business. Because of the small numbers of producers, compared to MA, NJ, VA, or CT, it is often an overlooked state. If you eliminate the 2,000 agents not worth bothering with you might land a few good brokerage producers.

MASSACHUSETTS Rating = 33

Compared to the states of Maryland, New Jersey, and Virginia, Massachusetts gets a much better recommendation. By no means is it a "poor" state, in fact the average median income in Massachusetts exceeds that of Montana by $16,000! With agent turnover not as drastic as nearby states, it means more agents are progressing into that ideal 4 1/2 year to 12-year range. From this lot come many of the prime annuity, life, and health brokers. Stay out of the metropolitan Boston to area increase your marketing results. The reception of this state (and most New England states) is often cold. The agents tend to turn a cold shoulder to brokerage marketing operations not housed in the northeast region or New England states. The ratio of agents to Mass residents is very good at 3.1 per thousand. With the household income $8,000 above the national average, it is a good state for annuities, and financial/estate planning. Loyalty is the main handicap for outside marketers.

SOUTH DAKOTA, Rating = 34

An overabundance of life health agents reside here. With almost half in the Sioux Falls area, the outlying are full of one and two man multi-line life and property and casualty shops. With the household income $7,000 below the national average, that is not an abundance of wealth. This means small life policies are the standard and the marketing of annuities is very limited. For health insurance products, the market is stronger.

NEW HAMPSHIRE, Rating = 35

As a small Northeastern state, New Hampshire is surprisingly a very strong financial state. The median family income is over $14,000 above the national average. This means the potential recruiting of agents for financial products is inviting. In regards to this, unfortunately it is just too small of a state to draw enough agents to a seminar. In addition, while agents may brokerage with one or two companies, those in New Hampshire are very conservative. Nationwide, the typical broker is likely to represent three or more carriers. However, the New Hampshire agents, those currently brokering, probably will sign at best with one additional carrier in the next 12 months. Making sure this carrier is you, means choosing the right list of proven agents, offering the best opportunity, and mailing at the right time. The "right time", is when he is sitting on the fence. Either the agent needs to add a product like yours right now, or he had had a present carrier let him down.

CONNECTICUT, Rating = 36

Are their more lawyers or more insurance agents in Connecticut? Based on census data and our agent figures, Connecticut has 40% more agents per thousand residents than any of the top brokerage states. Its wealth factor is substantial with some very well off communities. A high percentage of experienced agents have earned credentials like CHfC, LUTCF, CLU, CFP, RFP, and RIA. Your financial products here have to pass a grocery size list of qualifications from skeptical "over-educated" agents that insist on examining, then cross-examining any product they might consider selling. Almost like a lawyer examining the insurance coverage. What is missing is the prime middle ground, producers with 4 to 12 years experience. This causes an adverse condition. Not enough agents, percentage wise, are willing to become independent brokers or personal producing general agents. The best recruiting factor in CT is that agents receive far few insurance recruiting calls or mailings than those in MA, MD, or VA.

VIRGINIA, Ratings = 37

Another "high income" state, the life agents are very likely to have began their career birthing process with a life career subsidy program. It would be nice to separate the experienced 4 to 12 year professionals from the rookies, but in Virginia, it is not easy. As you know mailing the wrong agents = zero results. You should not throw thousand and thousands of unknown agents into our list. Keep concentration refined to the producer that might benefit from your offer.

MARYLAND, Rating = 38

There are many for Washington D.C. agents But most of the successful producers are licensed and reside in Virginia or Maryland. These agents are hit hard with insurance solicitations, especially those belonging to a local association. Moreover, they carry that same career life loyalty factor as Massachusetts agents. With the 4th highest national median family income, there is excellent potential for insurance brokerage marketing by introducing new annuity and variable products.

WASHINGTON, Rating = 39

Washington who be much higher up in the state ratings, but for one thing. Who are the agents of the caliber you are looking for? You certainly will not get this information from the Washington Department of Insurance, as they feel the information is not public information. Data on agents is kept sealed up. A while back, our firm was the last allowed by the insurance department to send in someone with a laptop computer to access records. Beware of obtaining a yellow-page derived list of Washington agents. That will only get you an abundance of highly captive Nationwide, S.F., Farm Bureau, and Allstate agents. Finding a good refined, multi-source compiled list from a reputable firm is your only answer here.

NEW JERSEY, Rating = 40

Surprisingly this is the "richest state", at least certain pockets of it, with $13,000 over the national average. Life agencies in the major cities tend to be extremely large with up to 300 agents each. With high numbers of career agents, also come high agent turnover, about 85% during the first 18 months in the insurance business. The state also has the largest percentage of multi-line agents, both captive and independent. Multi-line insurers are known for their lower turnover rate. A state with a whole lot of good brokerage and personal producing general agents to recruit, but only if you know who's who.

NEW YORK, Rating = 41

Here's a jumbo state. Nevertheless, New York has its own rules and regulations, making it not worthwhile for many companies to be licensed in, and if they do it usually ends in life insurance company of New York. However, some well know life insurance companies with career-orientated agencies are located there. New York regulators feel that the freedom of information act does not apply to agents licensed in their state. They have a significant team of attorneys ready to battle any notion you have on invading their state for agent information. A calculated guess would be 58,000 licensed life and health agents. Here like Washington, the problem lies in obtaining a qualified list of broker names. For smart marketers, here is a tip. New York insurance agents receive less solicitation from your competitors for any large state or any state with half the population.

INDIANA, Rating = 42

Definitely one of the highest agent turnover states in the nation. This is why the agent per thousand residents is slightly over normal About 8 years ago the agent per thousand people was almost exactly double! Like New Mexico, life career agencies shrank, realizing the profit potential here was not very great. Left over are still too many agents having the experience, but still have not taken a big enough step toward independence. If you might enjoy spending unlimited money, time, and patience "teaching an old dog, a new trick", charge ahead. Otherwise move on and concentrate your insurance brokerage marketing on more lucrative states.

ALASKA, Rating = 43

Too few agents for the decent population base. Maybe there are too many occupations that pay far beyond what most of the state's agents earn. Only three other states are a higher median family income. Most of the recruiters that have the state in their territory are based out of Washington or California. In addition, there are nowhere near enough quality brokers to send out a 1,000-piece mailing. Unless it is absolutely necessary, spend your time on easier states to recruit agents in.

WYOMING, Rating = 44

How can you promote your products in a state where the agents are so geographically spread out? Usually direct mail would be the answer, but like Alaska, and a few small states the number of brokers is very limited. Therefore, the proper suggestion is not to bypass Wyoming in your marketing, but tie it in along with Montana or Idaho and mail the best.

VERMONT, Rating = 45

With Vermont being one of the smallest states, it is one of the hardest to judge. There is minor insurance brokerage marketing demand. Along with little feedback on the state, it is hard to place in the overall ranking. Upon analysis it was able possible to compare Vermont to other states in the Northeast. Unlike Maine, or New Hampshire, it lacks the brokerage mentality of those two much higher ranked states. Its agents are not very receptive to product selling opportunity. In addition, the life career agencies have made enough of an impact to hold the agents true to their old school thinking.

RHODE ISLAND, Rating = 46

Rhode Island is a very difficult state to find out what agents write what products. This combined with career agent loyalty, and a small number of total agents means that not too savvy marketers spend their money soliciting all the agents, to find the few that might meet their qualificati

COLORADO, Rating = 47

Banks that offer insurance, definitely take away from the normal base of independent agent flow. So do aggressive mutli-line agencies like Nationwide, S.F., Allstate, etc. After all, a bank offers an agent something a career life agency cannot. This feature is an endless supply of "potential client leads" with full information on their assets. Compare this to the "lead" the life agency commonly gives an agent. It is a policy owner with $1,000 to $25,000 of insurance that 5 previous agents have either unsuccessfully solicited, or have sucked away the policy owner's previous cash value as a source of purchasing a new policy. Usually 50% of "wirehouse" securities brokers have a life insurance license, in Colorado and Arizona they figure is closer to 90%. All this is topped off by an enormous amount of recruiting competition. Either get the right agent list, or be left high and dry.

ARIZONA, Rating = 48

Too hot to handle, but not because of the heat. Insurance Brokerage Marketing firms think this is an easy state. Not just a few of them, but also tremendous floods of them send offers to every single agent in the state. You can easily waste money trying to attract 12,000 of the state's agents that will do little good to you. Thousands of Allstate and Liberty Mutual style agents, and an unusually high amount of rookie agents. Like Colorado, it has the same problem of too many under trained starving rookies, combined with too many stuck in the mud old-timers. In addition, for the marketers that think Arizona is crammed with retirement havens, think again. Its senior population is right in line with the average state.

NEVADA, Rating = 49

Bet you 10 to 1, that the number of professional gamblers making a decent income, outweigh the number of insurance agents earning likewise, by 10 to 1. It seems like every other insurance with this state in their lineup wants to roll out wads of money and gamble on the chance of hitting hot producers here. The problem is that there are so few hot producers, and they have little agent competition. The marketing competition could fill a trash dumpster with their advertisements in no time. Five words: No agents, tons of competition.

HAWAII, Rating =50

Here is a state that is hard to comment on. You have no other states bordering Hawaii. On top of this Hawaii itself, it split up with its various islands. The few number of brokers and geographic distance make it a state better served by an insurance brokerage marketing firm located right in Hawaii.

Right here, in case you are printing out the ranks, are the top ranking 31 states in order. They are Florida, California, Texas, Ohio, Georgia, Wisconsin, Minnesota, North Carolina, Michigan, Missouri, Tennessee, Oregon, Alabama, Kentucky, Arkansas, Mississippi, Oklahoma, Nebraska, and Utah holding the 20th position. The next eleven are New Mexico, West Virginia, North Dakota, Montana, Maine, Louisiana, Pennsylvania, Montana, Iowa, Idaho, and at #31 is Illinois.

Monday, July 26, 2010

I'm Young, Not Dumb

As a college instructor, I'm relatively young compared to my peers. I don't have 20+ years experience teaching nor have I been in the journalism field that long. However, just because I'm young, it does not mean that I'm dumb.

Academia can be an intimidating environment for newcomers. Ironically, in an industry that is supposed to foster fresh, new learning opportunities, the practices at some colleges and universities often discourage any type of change. The ideology of "that's not how we do it" stops innovation in its tracks and stalls progress for both faculty and students.

Over the past few years, I've been fortunate to have many colleagues who are innovators (both young and not-so-young) and who are willing to take risks. I've also worked with colleagues who were so terrified of the "younger, inexperienced" instructors that they went to extremes to criticize, chastise, and even manipulate the forward-moving efforts of others.

Every argument against new practices revolves around fear - fear of change, fear of inadequacy, and the fear of losing 20+ years of something that "worked."

As a younger faculty member, I can assure those in fear that I'm not here to take your job, I'm not here to make you look bad, nor am I here to mess up the academic universe. I'm here to make an impact on the lives of my students. I'm here to share my knowledge with others, and I'm here to learn from you and adapt this knowledge to fit my style of teaching.

Even though I'm young, I've worked hard to ensure that I continue learning, that I stay on top of practices in my industry, and that I grow each semester as much as my students hopefully do. I'm not afraid to try something new in the classroom or the student newsroom. I'm not afraid to learn alongside my students. I'm also not afraid to admit when a trial turns into an error.

I am not an expert, but I am not a novice. I may not have decades of experience, but I have the energy, drive, and passion to accomplish big things now and in future decades.

I'm not dumb just because I'm young. Someday, hopefully others will judge me based on what I've accomplished rather than the date on my birth certificate. I just hope that day does not take 20 years to get here.

Sunday, July 25, 2010

Missouri Laws and Free Speech

Cyberbullying has been a serious problem in this nation for a long time. Missouri has had a well known history of this with the Megan Meier case that occurred in 2006. Not long ago, a ninth grader was arrested under this law when she created a nasty website against another classmate. "She would be better off if she just died" was a comment used on there. The bully has been turned over to the juvenile system. The current law went into affect in August 2008 and has caught others under this law.

There have been many who have argued that they have free speech in this nation so that it is okay to say whatever they want and when they want. True, we have that in America and a lot of times, in the heat of the moment, people tend to say things that they normally would not say or regret saying. People verbally fight and lash out at one another when angry as that is normal. However, what about when something is posted online and these things are open to everyone around the world? Vicious lies about others that can be read by friends, family and even strangers? This is not like a verbal argument where something is said and forgotten. When something is posted online, it is there to stay unless someone removes the post. Children think that by posting these things, nobody will come across them except for their friends and those they know. They never think of the long term affects and the dangers in what this can do to another person. So, is free speech worth it?

I hear so many people say that because of free speech they can say what they want. Not just children but adults as well. I believe in free speech and yes, we all have a right to it. However, when it comes to slander, verbally hurting someone or posting something nasty online then yes, there needs to be consequences. We need to stop and think before saying things as we do not want it to affect others out there. It is important for adults to know this and for them to teach it to their children. We need to be protecting children from these kinds of things and not enabling the problem.

Thank you Missouri for staying on top of this problem. It would be a much better world if we all did watch our words and stopped verbally trying to hurt others. Maybe one day that dream will become a reality. Having laws sure does help.

Saturday, July 24, 2010

Important Rhode Island DUI Information

In Rhode Island, DUI, driving under the influence, is known as an OUI, operating under the influence of alcohol or drugs. Rhode Island employs many methods to catch drunk drivers, including blanket patrols, mobile videotape, and the publication of enforcement campaigns. Rhode Island has some unusual, and strict, dui laws, probably in response to the state's poor drinking and driving statistics.

In 2006 (the most recent year for which statistics are available), 46% of the total number of Rhode Island's traffic fatalities were alcohol related. Also, the State has one of the highest rates of people who refuse to take a chemical test to determine blood alcohol concentration (BAC) levels. Therefore, such a refusal now carries its own criminal penalties, including community service, OUI education classes, and fines, as well as other sanctions. In addition, administrative penalties include driver's license suspension. The State does not allow hardship, restricted, or work licenses. Therefore, if your driver's license is suspended or revoked, you will not be able to drive in Rhode Island - period.

A DUI in Rhode Island brings some serious penalties, which increase to correspond to high BAC levels. Even your first offense can bring up to one year in jail, and/or between 10 to 60 hours spent in community service. If your BAC was up to.08, the fine ranges between $100 and $300; if your BAC was up to.15, the fine ranges from $100 to $400; and if your BAC was above.15, the fine will be $500. No matter your BAC score, there will additionally be a highway assessment of $500. You are also required to attend a special course on drinking and driving. Administratively, your license will be suspended from 30 to 180 days for a BAC score up to.08, from three months to 12 months for a BAC score up to.15, and from three months to 18 months for a BAC score above.15.

Rhode Island only has a five-year look-back period. This is the period of time that a Rhode Island DUI remains on your record. If you have a second dui arrest within five years of the first, you have a "prior," and the judge will increase the dui penalties. Five years after a misdemeanor dui arrest, you can hire an experienced dui attorney to guide you in having the arrest expunged from your record. If your DUI was a felony, the record can only be expunged after ten years. However, your record must be clean of any other arrests, and you must maintain a clean moral character. And since Rhode Island participates in the Interstate Driver's License Compact Agreement, any OUI or dui convictions from another state may also be counted as a prior conviction.

Friday, July 23, 2010

Don't Panic - Starting Hemodialysis

Your doctor just said your kidneys are failing and that you are going to need hemodialysis. You are told you have Chronic Kidney Disease or End Stage Renal Disease. A million questions and worries are racing through your mind. You are angry and sad and overwhelmed. Nobody seems to be listening to your concerns. Everyone assumes that of course you will want to participate in this life sustaining treatment. Stop. Take a breath. Take time to learn about the process and your choices.

You are starting a journey. Take a moment and let yourself feel all the emotions you are experiencing. It is ok to be overwhelmed. Get support from family and friends. Start to learn about kidney disease and the process of dialysis.

Initially, you will be bombarded with information. You will hear words like "nephrologist", "fistula"," creatinine", "clearances"," phosphorus"," kt/v", among many others. As a dialysis social worker, I tell people that they shouldn't expect to remember all the information thrown at them when they start the process. It seems as if the first 6 months can be very much a blur. Eventually you will learn all the terms and what they mean. Often your center will give you a welcome packet or other written material. At the onset of dialysis you are provided with so much information that you be overwhelmed. Instead of tossing the written information in the back seat of your car or in the wastebasket, it may be helpful to save the information and you will have it readily available later on when you have questions or want to refresh your knowledge.

Do you remember the Kubler-Ross's stages of grief (Denial, Anger, Bargaining, Depression, Acceptance)? It is likely that you will go through similar stages after learning about needing to be on dialysis. Dialysis is phenomenal in that it gives you a chance to live where otherwise you may not have the opportunity. However, you still will be giving up some independence and there will be necessary lifestyle changes. Give yourself time to grieve and incorporate dialysis into your life.

Try not to be intimidated by the professionals involved with your care - ask questions and express your concerns. Talk to your doctors. Talk to your family and friends. Talk to your social worker, nurses, techs and dietitians. It is vitally important that you look out for yourself and meet your health needs.

A few things for you to keep in mind while starting your journey.

� You may not feel better right away. Dialysis will clean the toxins out of your blood and take off some of the excess fluid in your body. There may be some relief very quickly but you may not feel like a new person overnight. Give it a little time and you will likely feel better.

� There are different home dialysis options including home hemodialysis and peritoneal dialysis. If this may be of interest to you, ask your doctor to provide you information and assess if home dialysis is an appropriate modality for you.

� You will probably feel very tired as you get used to dialysis. You might hear that all you are doing is spending 3 or 4 hours in a chair. Family and friends might indicate that all you are doing is sitting and resting so you shouldn't be tired. Remember, your body is working the entire time you are in treatment. For some people they become less exhausted as their body adjusts to treatment and some continue to struggle with exhaustion on dialysis days.

� If you are of working age it may be tempting to continue time off work. Carefully consider trying to keep working at least part time if you are able. Individuals on dialysis may feel better, have less depression and will probably have more financial freedom when they are employed.

� Dialysis is costly. If you have a work history and have been paying into social security it is likely you will qualify for Renal Medicare. Even if you have group insurance coverage it is probably beneficial to you to also obtain Medicare Part B which helps pay for outpatient medical services. Talk to your dialysis social worker about any and all financial assistance you may qualify for.

� If you are starting dialysis and already have a fistula as your dialysis port, be aware there are prescription numbing creams to minimize pain when the health professional is inserting a needle.

� There is generally never more than a soda can size amount of blood outside of your body at any given time.

� If you are considering a transplant you will want to make connecting with a transplant center a priority.

� Learn about and complete advanced directives (health care power of attorney). Often individuals balk at this step but get the information. Consider that if you are unable to speak for yourself that you will have wanted to take the steps to make sure that you have chosen who speaks for you.

� You can still travel. Do you want to visit your grandkids or go on that dream trip to Hawaii? Most of your travel plans are still possible. Except in real emergencies you may not be able to get up and go at the last minute on a cross country trek but there are dialysis centers everywhere and with a little planning they are available for you.

� You have the choice to not start or to discontinue dialysis. This is your life. An individual may choose to discontinue dialysis for a myriad of reasons. If your doctor is recommending dialysis and you are a new patient, I would advise that you at least try dialysis. Give it 30 or so days and see how you feel. You might see that you are able to adjust better than you imagine and you may feel a lot better. If you are thinking about discontinuing dialysis please talk with the professionals and your support system. Your center's social worker will want to complete a depression screening to see if there are other interventions that may be available to you and improve your positive feelings. If you decide to discontinue treatment it may be beneficial to get hospice or other services involved to help you and your family and friends through the transition and the dying process.

Above are just a few thoughts on dialysis. Ultimately it is your life and it is imperative you speak up and gather all the information you can in order to make good decisions for yourself. Dialysis can be draining and frustrating but it also gives you the opportunity to live a very full and active life. It takes time but dialysis can become just another part of a fulfilling life.

Thursday, July 22, 2010

Quick Access on Public Divorce Records

Before you make a decision on furthering your romantic relationship with your special someone, the best move that you can do is to check on the public files of that person. The Missouri Divorce Records have been updated and maintained for various purposes. In most cases, they are being utilized to help anyone think more responsibly whether or not to pursue the next level of the relationship which is marriage. Thus, it would be useful to conduct the search in order to find-out as early as possible if the ceremony will happen or not anymore.

The said records contain sensitive pieces of information such as the valid reasons for the break-up, names of the couple, addresses, contact details, custody and many other things. If your motive on retrieving such legal documents is justifiable enough, then, you will definitely be granted to search and access the divorce files. In Missouri, such official reports are handled at the State's Vital Records Office, which are obtainable by the general public.

At large, Divorce Records Missouri are archived by federal, state and local governments just to ensure that individuals will have access on them wherever they may be at. You got few more reliable options available today in obtaining the reports than many years back. Aside from digging the said reports at the appointed government agency, you can as well obtain them by hiring a private search firm or get them with the aid of modern computerization and the Internet.

The online retrievable of pertinent public files is the most popular method ever made available for the people these days. There is absolutely no waiting time as the said documents can be retrieved in just a split of minutes. This would be the best answer if you urgently need the divorce files more especially in any legal proceedings. The cost it requires you to spend is completely worth the services that you are going to benefit for any purposes.

The Internet usually offers the record services in two versions; the free-of-charge and the subscription-based versions. But, the latter version is much more preferable as it provides both quick search results and quality data pertaining to the divorce files. It is vital to search for the State Of Missouri Divorce Records for the purpose of supplying relevant details to be used in whatever legitimate reasons. This is something that everyone has ever wanted to obtain the reports much easier.

Finding information on Missouri public records these days is not a hard task to perform at all because of the advancement in modern technology. The records search can definitely be executed right at your own home with total convenience. There is no problem when it comes to speed because the Internet has provided the fastest possible way to gather important facts on any legal documents. This is now the most effective method to obtain what you need.

Wednesday, July 21, 2010

3 Secrets You Must Know About Picking a Cheap Bankruptcy Lawyer

Shopping on price isn't just preferred--it is the way we live. Using coupons, looking for sales, and choosing between two items strictly based on price is not uncommon. However, your financial future and your choice of toothpaste are not the same. Here are 3 points you need to think about before hiring the cheapest bankruptcy attorney you can find.

- You will get the exact quality of service for which you paid. If the price is too low to believe, the service will likely be the same. Sure, it sounds like it won't be that bad at first but I know, after 16 years of experience, that it will be that bad. You'll want your questions answered, your anxieties quelled, and your important deadlines and documents done right. Some obstacles and hurdles may be a surprise. If you have to worry about every move your attorney makes, then you aren't doing yourself a service in hiring one.

- The advertised price might not be what you actually pay. I'm sure you've seen it before - a retailer advertises an unbelievably low price. Then, when you get to the store to take advantage of the low price, you find several other hidden fees. At the end of the day, your final price ends up being more than you ever imagined--and more than the other attorney would've charged you had you just stuck with him or her. A lawyer can tell you that bankruptcy filing start at a great price but the fine print might say something entirely different. You see, attorney's fees are regulated by the bankruptcy court and, since most cases take about the same amount of work, most attorneys charge around the same price. Only hire an attorney who is straightforward with you about how much your specific cast will cost.

- You put yourself, your family, and your future at risk. If you are filing bankruptcy, you are probably hoping for protection from foreclosure, credit card debt help, and relief from creditors but, most of all, you are hoping for a fresh start. If you hire an attorney who isn't willing to do all the work, he or she may not help you make the most of your fresh start or reach it in the first place.

The toughest decision you should be making is whether bankruptcy is right for you. If you hire the wrong attorney, the entire process could be a nightmare. Do everything you can to follow through with your debt relief.

Tuesday, July 20, 2010

5 Tips to Repair a Marriage and Stop a Divorce Before You Find Yourself Alone and Full of Regret

It's very easy to find yourself trying to find help to repair a marriage and to stop a divorce. More and more people are finding themselves in this situation everyday and for some, they will fail and find themselves alone and depressed within the next few months.

Whatever you do, don't let yourself be in the group who fail to save a marriage. If you really want to save your marriage and stop a divorce then what I'm about to tell you should be acted upon.

1) Accept your mistakes - Stop thinking and kidding yourself that you haven't made any mistakes. You have. We all make them and we all have to deal with the consequences. So accept yours and come to terms with them and then start forgiving yourself for those mistakes.

Of course some mistakes are huge: cheating for instances, is a big one to make. But if you're serious about finding a way to repair your marriage then accept that if you cheated, then you made a big mistake.

2) Talk honestly and openly - To stop a divorce you have to make yourself vulnerable and you have to be open. Sit down with your spouse and tell them about how you feel about the mistakes you've made and also how you plan to make changes to repair your marriage.

To stop a divorce you have to physically show your spouse that things will be different and the way to do that is to be serious about how you now move forward.

3) Listen to your spouse - If one of the main problems that brought your marriage to breaking point was that you never listened or respected your spouse, then you're going to have change that behavior. When you fail to listen to your spouse, you are in effect telling them that what they have to say is not important and you don't value them as a person.

To stop a divorce and repair a marriage, you must show respect and consideration to what your spouse thinks and what they want. Anything less and you will never repair your marriage.

4) Make time for each other - If one of the biggest reasons your marriage broke down was because you and your spouse spent little time apart, then you seriously need to change that. Saving your marriage means you have to like each other, never mind love. If you like each other, then you should look forward to spending time together. It's one of the best ways to repair a marriage and growing closer together.

5) You need a plan - One of the more positive things you can do to stop a divorce is present your spouse with a plan about how you both go forward together. A plan is proof to your spouse that you are serious, that you've thought clearly and sensibly and that you're committed to saving your marriage.

Monday, July 19, 2010

Arkansas CNA Information - Requirments, Salary, Training and Reciprocity

Like many states, there is high demand for Certified Nursing Assistants state of Arkansas. the Arkansas Nurse Registry Office provides guidelines for training and testing in regard to CNA certification. In addition, the Office maintains a registry of current CNAs and keeps a record of convictions for resident abuse, neglect, and misappropriation of resident property to support good quality of care throughout the state.

Requirements to work as an Arkansas CNA
Pass both the written and skill sections of the CNA State Exam
Good technical, communication, and behavioral skills
Applicants must submit fingerprint cards for the federal background check.Salary Average for Certified Nursing Assistant in Arkansas
Between $18,720 to $22,880
$9.21 per hour typically (Hourly rate will increase based on experience)CNA Training program criteria in Arkansas

Arkansas CNA programs must consist of at least 75 hours of classroom training and 100 hours of hands-on training. Some state-approved training programs may differ when it comes to the number of hours in classroom and hands-on settings.

Applying for CNA Reciprocity in Arkansas

If an approved CNA moves to Arkansas from their home state, he/she must contact the AR Nurse Aide Registry or OLTC to obtain the reciprocity form. The OLTC will contact all other states of previous employment to verify the status the applicants standing before transferring his/her certification. The OLTC will then notify him/her of their decision. If the certification is not active, he/she will be required to take the competency examination.

State Information for CNA Certifications

For more detailed information contact:

AR Nurse Aide Registry AR Department of Human Services or Office of Long-term Care

List of State-Approved Training Programs:

One of the most important requirements for becoming a CNA is to be enrolled in state-approved training programs. Below is a list of training programs in the state of Arkansas.

Southern Arkansas University - Technical Magnolia, Arkansas
Estimated cost is $822, which includes:
Tuition
Late registration Fee
Course Change Fee
Graduation Fee
Transcript Fee
Learning Strategies Fee
Laboratory Fee

Seven (7) credit hours per semesterUniversity of Arkansas Community College at Hope Hope, AR
Estimated Costs for tuition only, fees are not included:
Hempstead County Resident is $378
Arkansas Resident is $413
Out-of-State Resident is $413Seven (7) credit hour per semesterArkansas Northeastern College - Burdette Burdette Center Highway Burdette, AR
Estimated Costs for tuition only, fees are not included:
Arkansas Resident is $364
Out-of-county Resident is $434
Out-of-state Resident is $784
Out-of-state for MO, TN Student is $434
International Student is $784Seven (7) credit hour per semesterOuachita Technical Malvern, Arkansas
Estimated Cost for:
Arkansas Resident is $489
Out-of-State Resident is $922
International Student is $1415Seven (7) credit hours per semester and 140 hours of classroom and clinical instruction
Crowleys Ridge Technical Institute Forrest City, AR
Cost is $760.98
360 hours of classroom and clinical training per semesterUAM College of Technology-Crossett Crossett, AR
Cost is $615 - includes books and supplies
Seven (7) credit hours per semester

Sunday, July 18, 2010

What is Involved in Credit Counseling For Chapter 13 Bankruptcy?

As you may know, part of the eligibility requirements involve credit counseling. When filing a Missouri or Illinois Chapter 13, a debtor must take a credit counseling course before they file their case. Whether it is done on the internet or over the phone, it involves an informative discussion on bankruptcy and other alternatives. The counseling is done with a neutral third party agency that has been approved by the bankruptcy court.

So, why do you have to take the course? Isn't it pretty clear whether Chapter 13 is right for you by the time you are ready to file your case? Well, yes, but it certainly is helpful to get information from an agency that has no vested interest in whatever path you choose. You can then be confident that you made a positive and informed decision before your St. Louis, Missouri bankruptcy attorney files your case.

There is a second session that you must also take after you file your case called a "debtor education" course. The course is designed to teach you some tips and tricks to help you avoid another bankruptcy in the future. What a relief to have so many people looking out for your best interests!

Plus, by picking a really great St Louis Missouri or Fairview Heights Illinois bankruptcy attorney, you can rest assured that he or she will also want to help you understand the process and what your behavior should be afterward. How? By providing free articles, blogs, and books about having the getting back on your feet after bankruptcy!

Make sure you also have a bankruptcy attorney in St. Louis who is aware that a credit counseling course is required for you to get bankruptcy protection. Not only does it give you great information but your attorney also can't file your case without you having completed the first session. And if you don't complete the debtor education course after your case has been filed, your case can be dismissed without a discharge.

That means after all that work, time, and money that you put into your bankruptcy, you could still be without protection from foreclosure, credit card debt help, or relief from your creditors.

As you can see, there are a lot of little hurdles that you must jump in order to get Chapter 13 bankruptcy protection. While none of them are too complicated, if you miss just one, it could cost you your case. Now, I'm sure you can see how vital it is to have an experienced St Louis or Wentzville, Missouri bankruptcy attorney as opposed to one with limited experience filing cases!

Saturday, July 17, 2010

Save a Marriage - Quick Tips to Help You Save Your Marriage and Show Your Spouse You Still Love Them

Need to save a marriage?  Well you're not alone.  Almost every marriage over time finds itself in a situation where it's put to the test.  The trick, or goal even, is to come through that test stronger and more together as a couple.  What you must do while you're in the grip of your rocky times, is to draw a line and tell yourself that no matter how rough things get, your marriage is sacred and you will NOT walk away from it.

That might sound old fashioned in our society when marriages are ended and started without enough care and thought, but if you are absolutely sure in your own mind that you want to save a marriage, then you have to have a line that you will not cross.

Tips to Save a Marriage


If an emotional distance has grown between you and your spouse, then that distance needs to be closed.  You simply cannot feel emotionally close to someone if you are not sharing your thoughts, hopes and dreams with them.  You need to begin talking to your spouse and doing so on a regular basis.  So open up!
When was the last time you and your spouse went out on a date?  Months?  Years?  Not since you were first married?  All of that has to change!  And change fast!  If you date your spouse, you will naturally spend time together, you will grow closer and before you know it you will find yourself renewing your love for your spouse.  It sounds simple, but this really works!  Try it!
Make your spouse feel like a million dollars by making a fuss of them every now and again!  The drudgery of every day life can make any man or woman feel like they're just getting by and running on empty.  Make your spouse feel like they are amazing by organizing a special meal for two at home, a day out, a little gift - you know your spouse, whatever it is that makes them feel great start doing that for them.
Above all, TELL your spouse you love them!  Nothing will make someone feel like they're wanted and needed as the spouse they love telling them that they love them.

Looking At Saving a Marriage?  Then Start Putting These Tips into Practice TODAY!

Friday, July 16, 2010

Have You Been Unfaithful - Well Here Are 3 Steps to Save Your Marriage and Stop a Divorce!

Ok, so you already know that by being unfaithful you've crossed the line and deeply hurt and betrayed your spouse, but you should also know that it's not too late. You can save your marriage, you can stop a divorce and the repair starts right now!

Follow ALL These Tips to Save Your Marriage and Stop a Divorce

1) Talk to your spouse and tell them that you have made the biggest mistake of your life in cheating on them. Be sure you know though that a simple apology such as this is not designed for instant forgiveness and a quick way back into your spouse's heart. No, instead it lays down your intention to your spouse and tells your spouse that you know you've made a massive mistake.

2) Absolutely 100% end all contact with your lover! No amount of repair work to save your marriage and stop a divorce will have any positive effect if you're still in anyway in contact with your ex lover. So no calls, texting and absolutely no meeting up.

3) Get ready to shoulder the anger and hurt that your spouse is feeling. Most people who have been betrayed in this way are livid and will want to vent that anger. This anger shouldn't, however come out as physical violence. So don't be too shocked when you start to see for yourself just how angry your spouse is!

4) Get some real help to find out what's gone wrong with your marriage, that has meant you ended up cheating on your spouse. Perhaps there's a distance between you and your spouse, whether emotionally or physically? Whatever the underlying problems in your marriage, if you want to save your marriage and stop a divorce, then you need to find some top class help to help you understand the problems in your marriage.

I would highly recommend that you opt for one of the better marriage repair guides that you can down load online. The best of these guides have helped thousands of couples understand the problems in their marriages and saved their marriages.

Your alternative is to do nothing and watch as your marriage breaks up and the spouse you love walks out the door and goes and falls in love with someone else and makes a life with that someone else.

Thursday, July 15, 2010

Missouri Divorce Records

If you've just begun dating someone, or have just decided to try and take your existing relationship to the next level, you should be quite interested in knowing their past, especially as it relates to past relationships. The past often repeats itself, so knowing someone's past can give you a good indication of what the future may hold for them. There is no better way to do this so far as relationships go than through a Missouri divorce records search. Ultimately it will be up to you to decide how you want to use this information.

Years ago, running such a background check on someone when you had doubts about them, or simply wanted to be sure about their character involved hiring a costly private investigator to dig into the matter for you in ways that you simply couldn't undertake yourself. Not only was this option pricey, it could also take weeks or even months before you got any concrete information back, and you might not end up getting much of anything at all. You no longer need to undergo this trial.

Public records documents, including Missouri divorce records are all easily available on the internet, providing you a quick and easy search of a person's marital status, and if divorced, all the gritty elements that led up to it and the results from that divorce. It shows if the couple had any kids and who kept custody of them, information that not all people are willing to divulge, especially when they don't have custody of the children and therefore can easily hide their existence. You'll see documents detailing other aspects of the hearings as well, including the reasons for the divorce, support and alimony payments awarded to one of the parties, and much more. All of these public records and many more are available through the county registry.

Wednesday, July 14, 2010

Calling, Contentment and Slavery

"You were bought with a price; do not become slaves of men. So, brothers, in whatever condition each was called, there let him remain with God" (1 Corinthians 7:17-24).

There is a contemporary saying that reflects the sense of this idea: bloom where you are planted. Becoming a Christian means being an agent and instrument of God in your current circumstance, whatever that circumstance may be. If you are married, be content to remain married unless the other person walks away. If you are not married, be content to remain unmarried unless the Lord leads you into marriage with a believer. If you work in a factory, be content to work in a factory. If you are the president of a bank, be content to be the president of a bank. Wherever you are, whatever you do, whatever your station in life, be content in it, and use your situation to forward the cause of Christ where you are. The first responsibility of believers is to be content to remain where they are and as they are.

Obviously, Christians should not be content to remain in sin. Obviously, we are not to be content to remain biblically ignorant or undisciplined. Rather, Paul is saying that we should remain in our social circumstance, and at the same time begin to avoid sin and to grow in biblical knowledge and discipline. What we are not to do is to use Christianity or other Christians as a means to get something that we want -- power, position, wealth, happiness, etc. Christianity is not a matter of us using God to achieve our own purposes. It is a matter of God using us to achieve His purposes.

By remaining in our social situation when converted our Christianity will be infused throughout the culture -- and that is God's purpose. God doesn't want all faithful Christians to become accountants or politicians or pastors, or to all join the same church. Leaven does its work by spreading throughout the entire loaf. That's the model.

Slavery provided a particular difficulty, and is defined as a function of debt in Scripture (Proverbs 22:7). So, Paul says that slaves who become Christian should similarly be content to remain as slaves. That is a heart concern. But at the same time, they are to work off (pay back) the debt that they owe, to repay the dept and through debt retirement regain their freedom. They should not run away from their lawful circumstance as slaves, not run away from their indebtedness, but should work diligently to repay their debts, and then live as free men and women, as people without debt.

By implication, Paul tells Christians to remain in whatever employment circumstance they find themselves. From an employment perspective, Paul does not believe that the ideal Christian life involves some church related job. You don't have to become a pastor to serve the Lord. Rather, the ideal is to bring Christian values and principles into whatever job or social position a person already has. The ideal is not to concentrate Christian values and principles in the church, but to disburse them into society as leaven.

This is the rule that Paul has for all churches everywhere. Become a Christian, and then because your are a Christian be content to be in whatever circumstance you find yourself. It is out of that sense of contentment and peace that the Holy Spirit reaches out with the Word of God spoken by you, by ordinary Christians in ordinary circumstances, to evangelize, convert and reform the whole of society in the likeness of Jesus Christ. The Kingdom of God is not brought in by revolutionaries, but by people in ordinary circumstances who are content to remain in ordinary circumstances, and to speak the truth in love in the midst of their ordinary relationships. May the Lord so bless and empower us to be used by God in our current situation.

Tuesday, July 13, 2010

Are You Sure You Want to Win Back Your Girlfriend Or Boyfriend? And Then What?

A divorce or breakup of any romantic relationship can be one of the most stressful trials that a human being can go through. The amount of stress generated can often be equal to or close to having a loved one pass away. People sometimes become irrational, emotional, hurt and depressed and chances are if you are reading this you are going through such a painful time in your life....and chances are you are searching for a solution to help ease the pain and get your life back to normal.

First, I want you to take some time and seriously think about how you envision your life and whether you believe that your life will be better without your significant other in it or not. This is a serious question that you should take some time to ponder. There is much to mull over and think through. Did they treat you well? Was there genuine love there? Did they respect you? Did you genuinely love them back or has the breakup hurt your ego and you simply miss that part of your life that is now being threatened and might be gone forever? Yes, you will not have the companionship and affection that may have been present while this other person was in your life, but I want you to keep your mind open to the possibility that your life might actually be better without this person in it. Can you do that? The fact is that you have a choice over how you look at your life right now....you can look around and think of how much you miss your boyfriend or girlfriend, or you can look at this as a chance to enjoy some freedom! You are now free to do what you want, when you want, with whomever you want!

Once you have taken some time and thought things over you may feel that this relationship is worth salvaging and it is the desire of your heart to try to reunite with your spouse or mate. There are times in even the most "perfect" marriages or relationships when things just sort of fall apart and sometimes it takes breaking up or spending time apart for both people to realize how much they do care about each other. I will warn you though....breakups can be very emotionally charged times and sometimes it is possible to do more damage than good even with the best of intentions. This is why it is important to think things through and think with your head and not with your heart when things start to go awry.

Try to see things from your boyfriend or girlfriend's point of view...give them the time and space to think things through. Give them the opportunity to miss you...don't pester them and if you do have the opportunity to spend time with them don't interrogate them about what happened or why they broke up with you or what you have to do to win them back....enjoy the time with them instead of turning it into a stressful situation.

Take this time to get back to being the person that they initially fell in love with...only better! This is one of the biggest tips I can give you...if he or she fell in love with you once they CAN fall in love with you again. Take a moment to wrap your head around that one and read that last line over again to make sure that you understand what I'm saying....if they fell in love with you once they can fall in love with you again. If there were issues in the relationship that you know where your fault such as some glaring bad habit like drinking or gambling, do your best to banish these habits from you life. Do it for yourself first and allow them to benefit from the "new you." Don't TELL them what you have done or the changes you have made....they will know when they see you and nobody wants to be told how things will be different. Most people are like Missouri (the "Show Me" State) and are interested in seeing if these changes will stick or if you are just making changes in order to win them back.

It IS very possible for you to win back the heart of your boyfriend or girlfriend. Although you may be in a lot of emotional pain at the moment I will tell you that couples such as you and yours get back together ever single day.

Monday, July 12, 2010

Your County Registry's Public Court Records Database

Do you feel uncomfortable leaving your children with the baby-sitter? Do a quick background check and it could be shocking. Finding a person to trust can be very difficult during these times. Look for criminal background at a reasonable cost. Don't pay hundreds of dollars for the same information offered for a meager twenty dollars. Use the most cost effective court records search at National Court Records Database. All public records are accessible, from birth and death records to divorce files.

Bankruptcies and property information are instantly accessible. Gain access to instant background checks. Although the local court house does not charge for a background checks, each file could take weeks. Free background checks still take time instead, pay a reasonable price for instant background information needed. Don't trust strangers with your livelihood, get a background check now. Would it be ideal to allow a stranger into your home or business without knowing who they are? No it would not, any business owner gets a background check before hiring. The right information could be very difference between employment and unemployment.

Hiding harmful information is common among criminals and people with bad credit. Not being able to find this valuable information quickly could the the be the difference between disaster and success. Find the best source of criminal background information using your county registry's public court records database.

Anything from marriage and divorce records can be found for a reasonable rate. Find unclaimed money without the ridiculous fees. If it's on a record it is in your county registry public court records database. A search for public court records is very hectic unless you have experience. Look at any public records instantly without the costing hundreds of dollars.

Sunday, July 11, 2010

Hiking Boots - What Are the Basics?

In today's market, you will find hiking boots from manufacturers all over the world. You will also discover that different manufacturers size their boots slightly differently, so it's a good idea to have foot size confirmed by a trained salesperson. Pay attention to width as well as length, because under the weight of a heavy pack, your feet tend to spread out a bit. Hiking boots of the right quality can service you well when the going gets tough. So, even when there is added strain, you can be sure that they won't let you down in the middle of your hiking expedition or trail running.

Hiking boots are the most important piece of equipment for a hiker or backpacker. It is imperative that a hiker's feet be kept well protected, comfortable and dry. You should consider hiking boots as an investment. A new pair will require breaking in, so before throwing away your old worn out pair, you might want to see if you can get them repaired. Good quality boots are expensive but they are absolutely worth it. The right footwear, with proper support and construction, will carry you farther, faster and safer than any cheap pair of casual shoes.

A bad pair of boots will ruin an otherwise meticulously planned trip. Hiking boots come in several models: low-cut day hikers, mid-ankle hiking boots and heavy-duty, waterproof boots. Low-cut day hikers are perfect for short hikes and when you won't be carrying heavy backpacks. Hiking boots have deep-lugged soles of tough rubber to provide friction and avoid slipping on any surfaces. Soles absorb and redirect shocks, and provides cushion for your feet. Hiking boots are like parachutes-safety is a primary concern. The boots on sale aren't necessarily the best ones to buy. Choose the best boots you can afford and your feet will thank you.

Backpacking requires greater balance. The general rule is that; the greater the load you carry, the heavier your hiking boots should be. Don't underestimate the effects on your feet if your route includes a significant amount of city streets. That will be hard on your feet and you may end up feeling footsore a few days into a trip. That could seriously dampen walking enthusiasm, but tired feet and blisters can be easily avoided with good travel shoes and soft, extra thick socks.

When trying on hiking boots, tightly lace the boot all the way up and take the time to walk around. If you can find an incline, you should walk both up and down to get the real feel of the boots. Stand on the balls of your feet to make sure your foot doesn't move around too much and your heel doesn't slip up and down. Any slipping will cause blisters, so take the time to get the feel of the boots before you make your choice. Then be sure to wear the boots for a few days to get them broken in. Wearing brand new boots on the trail, that have not been broken in, is a bad idea. Trust me on this!

Saturday, July 10, 2010

Divorce Secrets Revealed to Friends, Even Therapists Can Come Out at Trial

"Joyce" was on the witness stand and clearly uncomfortable. She had been subpoenaed to testify at the divorce of her best friend, "Monica", and was being forced to reveal what Monica had confided to her. Thankfully, Monica had not been unfaithful, but she had confessed that the divorce was wearing her down, making her depressed, and affecting her ability to care for her two young children.

Depression, loss of sleep, lack of energy...perfectly normal reactions to the stress of divorce, right? Perhaps, but these private admissions were now being introduced as evidence by Monica's husband of her unfitness as a mother in their battle for custody.

This situation illustrates the importance of advice I provide clients about how to relate to their friends, family and counselors while going through a divorce. Clearly, one of the most helpful things you can do during a divorce is form a personal support group, but remember that whatever you do or say, except in relationships that the law recognizes as "privileged", can end up as evidence against you at trial, should your divorce turn contentious.

With your friends and family, avoid unloading on them all the painful details of who did what to whom. Not only can that come back to haunt you at trial, but non-stop emoting over your troubles will likely wear them down as well. And, don't involve your mutual friends in the divorce. Insisting that they take your side, or trying to alienate them from your spouse, may cost you their friendship, and could be used in court to paint you in an unfavorable light.

The best place to air out your feelings is with a psychologist, psychiatrist or Licensed Professional Counselor ("LPC"), or with your clergy person. They are trained to not only be supportive, but to assist you in dealing with the burdens of a divorce. Importantly, what you discuss, or even why you sought their counsel, is beyond the reach of the court, as these matters are protected as confidential.

However, this protection does not apply to all counselors or clergy. In Missouri, counselors not a member of one of the classes I've named can be compelled to testify about the details revealed in a therapy session, although this occurs rarely and in only the most divisive cases. Further, a conversation with a minister may not be protected if that person is not then functioning as your "spiritual advisor, confessor, counselor or comforter". In a recent case, the court ruled that there was no privilege as the clergy person was mainly being used as a notary at the time the communication was made! The point is that to keep a privilege intact with any of these professionals with whom a privilege communication is available, you must be seeing them in their professional capacity, not "in passing" at the grocery store or at a cocktail party.

Friday, July 9, 2010

Smart Debt Recovery With Alternatives to Bankruptcy

Bankruptcy is a legally declared inability to pay back all your lenders. One can seek out for a creditor in filing bankruptcy, in order to recoup a portion of what you owe. It is carried out by a bankruptcy attorney in a legal manner. Basically gives a borrower indebted, a new lease of life. As it helps relieve the debtor off his pending debts and enables him to repay the creditor systematically, he only pays what he can afford to pay.

Basic purpose of filing bankruptcy:

Gives a new lease of life to all those debtors trapped badly in debts
Stops creditors from taking any legal action against debtors
Relieves the debtor off his debts
Repay only what you can afford
Repay in a systematic manner

Commonly personal bankruptcy is of two kinds:

Chapter 7 Bankruptcy
Chapter 13 Bankruptcy

Chapter 7 Bankruptcy is when you discharge all your debts with the help of a court. To discharge all your debts you will in turn give up your property. It can also include items that are already paid off. However, not all debts can be discharged under this.

Chapter 13 Bankruptcy helps you to get rid of debt by obtaining a court approved plan to repay back. It is usually stretched over 3-5 year period and lets you pay back your debts in an orderly manner. You get to keep your personal property and pay only what you can afford to pay till that date. So your creditor generally accepts less than the whole amount.

Unfortunately, filing bankruptcy can cause adverse credit problems for roughly around 7-10 years. It will also reflect badly on your credit history and is not favourable in terms of credit worthiness. After bankruptcy, you might be doing exceptionally well on your financial front, but you will still face problems. Every time you apply for a personal loan or home loan you will either be denied of loans or are subjected to unusually high rate of interest.

Consider bankruptcy alternatives:

Debt consolidation

Seek help to consolidate or pool together your existing debts into one single new loan, with a lower monthly repayment. The payments being lower for two main reasons:

(a) The loan is spread over a longer period of time than your existing debts

(b) The interest rate being charged is less than the average rate on your current debts.
Whilst this is not the answer for many people, it can be a useful tool during a period of low interest rates, or when there is sufficient equity built up in a property so that a second mortgage or remortgage can be arranged.

IVA

A true alternative to using a debt consolidation and bankruptcy is IVA. IVA helps you to make an agreement between you and your creditor, wherein you agree to pay back a certain amount of your loan within a period of 60 months or so, beyond which your debts are written off. Your IVA can be arranged only by an insolvency practitioner to get you out of unsecured debts of £15,000 or more.

In addition to this, your interest charges and court proceedings will stop. You wipe off up to 80% of your debts.

Bankruptcy is the last option to be considered. But once you are declared bankrupt you are likely to be trapped in it for many years. The long-term ramifications of which include being unable to access credit, be in certain types of business or open a bank current account.

Thursday, July 8, 2010

Putting Civility Back Into Litigation

Our system of civil justice is an excellent one. However, as is often the case, the system is no better than those who run it. A well-designed automobile will not run very well if shoddy parts are used.

System Abuses

In our civil justice system, regrettably, many attorneys choose to abuse the system by filing frivolous motions and objections, being uncooperative, and requiring things to be done the hard way, rather than the easy way. Most attorneys are not seeking justice, they are seeking victory. Sanctions are difficult to obtain and thus, those who adhere to these "delay and abuse" tactics can benefit and prosper. Similarly, a gruff offensive attorney (close your eyes and see if you can imagine such) invites a lack of courtesy in return, which then creates a rapid downward spiral of behavior. Often times this anger and bitterness can cause a litigator to lose sight of the task at hand.

A potential solution to the problem of having to deal with our obnoxious "hide and seek" colleagues is alternative dispute resolution (ADR) procedures. Unfortunately, unless ordered by the court, many of these "delay and abuse" individuals do not desire to participate in ADR because it is contrary to their philosophical approach to litigation. However, for those who prefer a more civil approach to civil litigation, and those who follow court orders to participate in such, ADR can be extremely beneficial for the lawyers, clients, and judges.

Mediation

There are two types of ADR: mediation and arbitration. Mediation is simply a meeting in which both parties and counsel appear before a mediator who serves as a facilitator to try to resolve the dispute. Typically, at a mediation, there is a meeting between all the parties and counsel during which a brief overview of the case is presented and where some mediators will request the parties to state the strengths and weaknesses of their case. The group then breaks into separate groups, each consisting of party and counsel. The mediator then goes back and forth between the groups with dollar figures he has extracted from the various sides. Typically, the parties agree that the negotiations are confidential and that nothing said can be used as an admission in the litigation. The advantages of such a forum are significant.

In a smaller case, it is frequently not cost effective for either side to proceed with protracted litigation. Thus, a settlement will be a "win-win" situation in which both sides benefit, as much of the costs and delays of litigation are significantly reduced. Another significant advantage is that it gives the parties (or the insurance adjustor) and their attorneys to meet. Thus, the individuals involved become people and not simply claim numbers and files. Both sides have an opportunity to size up the credibility and presentation of the parties (and counsel) and an informal exchange of some information is usually obtained. This informal discovery can be extremely beneficial to both sides in evaluating the case. It also can reduce the cost of pre-trial discovery (exchange of information). Additionally, it is harder for some attorneys (and their clients) to pull off their offensive tactics in person. Many of us who would hang up on a phone solicitor would be less reluctant to slam our front door in the solicitor's face.

Even if the case does not settle, the monetary gap usually narrows and the mediation may have been a catalyst to a resolution down the road. Also, learning that a case cannot be settled will save time during the litigation as the parties will focus on preparing for trial and not conducting settlement negotiations.

Binding Arbitration

Another type of ADR is binding arbitration. In Missouri, in a contract setting, it is important to remember that a "consent to arbitration" provision in a contract is not binding unless it is in 10-point capital letters, and contains the following language: THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. See Section 435.460 RSMo. within the Missouri Uniformed Arbitration Act.

Again, binding arbitration can be an expeditious way to resolve a dispute. In a personal injury setting, it can be extremely beneficial on smaller cases. It also is appropriate in a complex case that a jury might struggle with understanding, or in a contract case in which "jury appeal" will not affect the amount of the judgment. Obviously, it is helpful for those who are petrified to be in front of a jury, but if one is of that bent, they probably should not be handling litigation.

Obviously, the arbitrator(s) wields tremendous power as his or her decision is binding and can only be set aside by the courts in extreme circumstances such as: 1) the award was procured by corruption, fraud, or other undue means; 2) there was evident partiality by an appointed arbitrator or corruption or misconduct which prejudiced the rights of any party; 3) the arbitrators exceeded their powers; or 4) the arbitrator refused to postpone the hearing upon sufficient cause being shown therefore, or refused to hear evidence material to the controversy. See Section 435.405 RSMo. for a listing of reasons for which an arbitration award can be vacated.

Selection or Mediator or Arbitrator

In both types of ADR, the selection of the mediator or arbitrator (a "neutral") is critically important. It is advisable to check out the arbitrator's background, track record, and connections with the other side. If the other side has used this individual repeatedly as an arbitrator they probably have been happy with his or her decisions and that may be cause for concern. A mediator should be someone who will carry weight with the clients and other side and will not simply be a messenger or number carrier. A retired judge or a highly respected litigator can be an excellent choice when someone involved needs some sense talked into them. Someone who is persuasive is usually more effective, in my view. Typically, the fees are shared equally but obviously this needs to be addressed at the outset and confirmed in writing.

ADR, just as the name implies, is an alternative way to resolve a dispute. In appropriate circumstances and with the appropriate parties, it can be an excellent and civil way to resolve a civil dispute and avoid some of the pitfalls of a system that is run by people.

Wednesday, July 7, 2010

The Economy is Tough And You Are Tougher Than You Think!

Most people forget how many situations they have encountered, that, at first seemed like impossible obstacles, but were then later overcome through sheer tenacity. Have you forgotten about all of your triumphant victories?

In 1976, at the age of 10, I encountered a sexual predator-not once but twice. In August of 1987, at the age of 21, after skipping out on a fishing trip with my good friend and his brother (they also happened to be distant cousins) I was notified 24 hours later that they had both drowned.

In December of that same year, December 18th, to be exact, I stood outside of the emergency room and listened to my grandfather struggle to take in his last breathe as he lay dying from a massive stroke. 12 hours later I learned of the death of another friend; 21 year old "Chuck" had frozen to death after collapsing in -17 degree temperatures one evening. They found his rigid body the next morning, three blocks from home. I was a pallbearer for my grandfather on Sunday and "Chuck" the very next day.

In 1995 I was medically dropped from the Navy S.E.A.L. Indoctrination Program after a nasty back injury during training- something that I had been focused on for years- the one thing I had focused on exclusively and based everything else around, was gone, just like that. A year later, I was nearly beaten to death one night in San Diego, CA, and endured several years of neurological challenges as a result.

After an unexpected divorce and a sudden change in my financial situation, I returned to my home state to work as a nurse while I built my business once again- from the ground up. I applied for licensure in Missouri, went to work as a nurse in a correctional facility and waited for my license. This process can take as long as six months, but as long as you are licensed in another state (I was licensed in California and Guam) you can work on a temporary license.

When I hadn't heard back from on my license for several months, I called the State Capital to inquire. "Oh, Mr. Harris, I'm so sorry" the kind lady told me. "Missouri does not grant a license that was issued based on military training." Boom! In the blink of an eye, I was no longer capable of working as a nurse in Missouri, and was literally out of a job that day. Because I had attended the Naval School of Health Sciences, instead of a civilian nursing school, Missouri would not license me- even though most other states would.

Back to square one. A skill set (nursing) that would no longer be useful to me in Missouri, and most of my finances tied up, located overseas, or just gone!

I could go on and on. People often say "You should write a book!" after hearing a few of my experiences. I say "I have, it's called The Productivity Epiphany!"

Why did I share all of this with you?

Our lives aren't so different, are they? When you think about it, almost everyone has been through a heck of a lot.

The bottom line? You are able to handle more than you think- you've made it through some pretty wicked things already. Realize this, embrace it, and know you are prepared for anything! When you do, your productivity in virtually any area of life will increase.

Monday, July 5, 2010

Bankruptcy - How to Do It?

If you are facing severe financial crisis and would like to file for bankruptcy, then the best option for you is to approach a lawyer who is familiar with the bankruptcy concepts. Although this can be done on your own, it is not recommended for you to do so. As filing for bankruptcy is not an easy task and that it consumes lot of time and energy, one is always advised to approach a bankruptcy lawyer in this regard.

Disadvantages of applying for bankruptcy on your own

To clearly state the disadvantages of applying for bankruptcy on your own, there aren't any. But approaching a bankruptcy lawyer is recommended over self approach due to the reasons that the process involves high complicated proceedings in addition to the high expenditure of time and money. Moreover, there are chances that it can disturb your regular activities and to your burden.

Another advantage of approaching a bankruptcy lawyer over self approach is the exposure to bankruptcy chapters. Not every situation falls into the same bankruptcy chapter. Though the situations are similar, few fall into a specific chapter while the others fall into other chapters. A bankruptcy lawyer can easily guide to select the right chapter to defend your case.

Adding to these, approaching a bankruptcy lawyer can add to your peace of mind as everything will be taken care of by him and all that you need to do is to just explain your situation to him. Rest will be taken care of by the bankruptcy lawyer.

Sunday, July 4, 2010

Missouri DUI Laws

Missouri DUI Laws are similar in most respects to DUI laws around the country. But you do need to be aware that the show me state has some twists of its own.

In Missouri, the legal blood alcohol level is .08 percent. That means, that if you test a .08 blood alcohol level, you are presumed to be driving drunk whether or not your driving was impaired. This does not however mean that you're safe if you have less than a .08 blood alcohol level. You can be charged with a DUI in Missouri if your driving was impaired due to alcohol or drug use, even if it does not meet the .08 criteria.

Missouri DUI law specifies that all drivers must consent to a blood test if requested. If you fail to comply, you face a $1000 fine and loss of your driver's license for a year.

A first DUI offense is considered a "Class B" misdemeanor punishable by up to 6 months in jail. You can also get a fine of up to $500 and suspension of your license for 30 days. You'll have to complete a substance abuse traffic offender's program to get your license back.

A second offense becomes more serious. Now it's a "Class D" misdemeanor with a potential jail sentence of up to 1 year. However, you must actually serve five days in jail or do 30 days of community service. Fines of up to $1000 and a one year license suspension is possible as well.

After the second offense, you fall into the "persistent offender" category which becomes much more serious. You can get up to 4 years in jail.

A DUI in Missouri stays on your driving record for 10 years for a first offense. It remains forever if more than one offense was received. You must petition the court to have a first offense removed from your record.

Saturday, July 3, 2010

Trucking Accidents - Whose Fault is It?

Truck accidents with passenger vehicles can occur due to errors or problems related to either driver. Many truck drivers blame the auto driver, while many auto drivers blame the truck driver. Each accident has its own unique combination of factors. Sometimes it's the fault of one or a combination of both. Knowledge and action on both sides can prevent accidents from happening in the first place. What problems cause accidents between large commercial trucks and passenger vehicles?

Many passenger vehicle drivers are not aware of how a commercial truck differs from their car. Large commercial trucks weigh many times more than the average family sedan. When they are carrying heavy loads, this weight begins to multiply. These large trucks need more time and space to accelerate and brake. They also have limited visibility on certain areas around their trucks. Drivers of passenger vehicles often do not consider these limitations when maneuvering around these large trucks. Many accidents occur when passenger vehicles drivers make stupid moves. These include changing lanes too close in front, trying to go around a turning truck, turning left in front of a truck, and pulling out in front of one from a side road. There are many other scenarios as well where an auto driver fails to consider a large truck's limitations.

Now, none of this puts drivers of large commercial vehicles in the innocent category. While most drivers are well trained professionals, the business model many drivers work with causes problems. Many companies pay independent haulers for the number of miles driven. The more miles they drive the more pay they receive. This puts drivers under pressure to drive faster and to work longer hours than most consider safe. Many companies apply heavy pressure with outrageous schedules and expectations. All of this puts drivers into dangerous situations constantly. Many enter the trucking field without the level of training needed for safety.

Maintenance delay of large commercial vehicles contributes to accident rates as well. Private haulers as well as large trucking companies try to save money by scrimping on basic maintenance. Skipping every other oil change or brake inspection saves cash for the short term. However, it contributes to higher accident rates. Regular maintenance cuts down on tire blowouts and brake failures. In the end, passenger vehicle drivers, truck drivers, and trucking companies all contribute in various ways to commercial vehicle accidents. Each one is unique to the combination of factors involved.

Friday, July 2, 2010

How the Courts Decide When to Award Alimony in a Divorce

Unlike child support, which is almost always awarded when children are involved, alimony (or spousal support or maintenance) is much less certain. Only a small percentage of all divorces involve alimony.

So how do the courts decide when to award alimony? It is a judgment call, based on a variety of factors. Those factors vary from state to state and even from judge to judge. Here is a summary of some of those most frequently considered:

1. Need of the receiving spouse

2. Ability to pay of the paying spouse

3. The disparity in income between the spouses

4. Standard of living during the marriage

5. Financial and non-financial contributions of each spouse to the marriage

6. Age and health of both spouses

7. Marital conduct (or misconduct), such as extramarital affairs, abuse, etc.

8. Length of the marriage

9. Whether or not children are involved, and who has custody

10. Job skills of the receiving spouse

11. How much property each spouse is getting in the divorce

Generally, the disparity in income between the spouses is the most obvious sign of a case that is likely to involve alimony. When one spouse earns $200,000 per year, and the other spouse stays home with the kids and earns nothing, that case is much more likely to involve alimony than when one spouse earns $110,000, and the other $90,000.

If you think alimony might be a factor in your case, make sure you hire an experienced divorce lawyer who has handled a lot of similar situations. This is not a case for the general practitioner who handles a couple of divorces a year.

Thursday, July 1, 2010

Search Missouri Divorce Records Online

It is inevitable that we know more about someone's personal background and history as we get to know them better. However, especially so with the most intimate matters such as divorce and breakups, we tend to hold onto these dark secrets of the past for too long, until it is too late.

Divorce is not something one would like to remember, and we tend to push these hurtful events to the back of our minds. Yet, it is these very aspects of our lives that tend to matter the most to the people closest to us, and hiding these for too long can only lead to hurt. However, with the advent of the internet, these aspects of our past are now brought out into the light that is cyberspace. You can no longer be fooled or kept in the dark if you care to check.

Missouri divorce records fall under the jurisdiction of the Missouri Vital Records Office, and are categorized as public records, available to anyone. The information contained in a standard divorce record includes names, addresses, contact numbers, reason for divorce, alimony, custody, and many more.

Obtaining the information on a divorce record is a simple task: simply use the various online divorce record directories available to search for the information you need. You can search by names or by geographical location such as states, county, town or city.

With the computerization of the massive amounts of information in the public records archives kept by the Missouri state government, finding the information you need to conduct background checks is easier than ever. Most online divorce records search charge an annual membership fee for an unlimited amount of searches carried out on their database.

Divorce records are often a sensitive topic and thus require the utmost accuracy and credibility.