Bankruptcy Basics: Chapter 7 and Chapter 13
WHAT IS BANKRUPTCY?
Do you have credit card bills? Are utilities going unpaid? Are you afraid of being evicted or losing your home? If you answered yes to one of these questions, bankruptcy may be right for you. Bankruptcy allows you to get a fresh start by removing your personal liability for certain types of debt. Bankruptcy can be a long process or a short process, depending on your income and the amount of property you own. The two most common types of bankruptcy are Chapter 7 and Chapter 13.
CHAPTER 7 BANKRUPTCY
A Chapter 7 bankruptcy is available to you if you make below a certain amount of income. This type of bankruptcy is a relatively fast process, and typically takes one to four months. There are two subtypes of a Chapter 7 bankruptcy that I will talk about at a later time; asset cases and no asset cases.
CHAPTER 13 BANKRUPTCY
A Chapter 13 bankruptcy is a much longer process than a Chapter 7 bankruptcy. This type of bankruptcy is for you if you make above a certain level of income. This type of bankruptcy can take between three to five years to complete. You set up a payment plan with the court during this type of bankruptcy, and that payment plan is used to pay down your debts.
WHY YOU NEED A LAWYER
Bankruptcy is complicated. There are dozens of documents that need to be filed with the court and several things you must do before you can qualify. If you fail to properly complete the paperwork, your bankruptcy may be dismissed and you may still be on the hook for your debts.
You also need a lawyer to help you determine which type of bankruptcy is best for you. If you are considering bankruptcy, contact a lawyer.
VIRGINIA: Controversy over Guardian ad Litems
The Study
People are not happy with Guardian ad Litems ("GALs"). There have been several studies conducted in the last few years of various social service professionals regarding their attitudes to GALs.
The most recent survey that created controversy was a poll of three hundred (300) Court Appointed Special Advocates (“CASAs”). CASAs are non-lawyers who volunteer their time to talk with children during court proceedings. CASA volunteers are important, because they provide emotional support for children.
The survey results were not good:
1. Ninety (90) percent feel that GALs are not performing their job.
2. Thirty-Six (36) percent stated that Guardian ad Litems "seldom" visit the children.
3. Only Nine percent (9%) stated that Guardian ad Litems are investigating their cases.
The Aftermath
The survey results caused an uproar with the press. After the survey results were released, several newspapers contacted local courts to get more information on GALs. One such court released the billing information for several GALs in and around Stafford County, Virginia. Many of the GALs were receiving approximately One Thousand and 00/100 Dollars ($1,000.00) per case.
So what is the result of all this bad press?
GALs and family lawyers are currently debating what these results mean for the legal community. Some legislators are already talking about abolishing the role of GALs entirely. Legislators are being faced with a large bill and anger over the perceived lack of accountability for GALs. It is likely that there will be huge changes to the GAL system going forward.
Suggestions for Change
Whether we agree with the results of the study or not, we GALs have failed. At the very least, we have failed to work collaboratively with other social service professionals. The lack of communication between GALs and CASA has resulted in animosity and a lack of mutual understanding of what our job is.
The problem facing GALs is reminiscent of the public perception of lawyers during changes to the disciplinary rules in the 1990s. People don't know what we do, or why we bill so much time.
The first step forward is to begin working more closely with our volunteer counterparts. We need to educate our colleagues on our role, and work to clear any misunderstanding. Furthermore, we need to make absolutely sure we abide by the standards that govern GALs.
Finally, we need to advocate for more stringent standards for GALs. The standards right now are simply baseline requirements. As with the changes that came by switching away from the disciplinary rules, we need to modify the standards that govern GALs. Only when we have a more comprehensive set of guidelines will we be able to perform to the best of our abilities.
What Are Removal Proceedings?
If you have found this article, it is likely that you are facing one of the most difficult times in a parent's life. Many states have proceedings that are known as "removal proceedings". This is a complicated, multi-step process that begins whenever the Government has concerns about the health and safety of your children. The purpose of this article is to dispel some of the unknown factors that go into these proceedings.
In the state of Virginia, these proceedings are initiated by the Department of Social Services. They can start a number of different ways, but typically are in the context of an Emergency Removal. Facts have come to the attention of DSS which leads them to believe that the children are no longer safe in your home.
One of the first steps can be the initial removal of the children upon an "affidavit" filed with the Court. this document outlines to the Court why the Department thinks the children should be removed. Within a short period of time after this removal, you are entitled to an initial hearing to determine if the removal was appropriate. At that hearing, you can choose to participate with DSS or fight the removal.
A few things can happen at that first hearing. The Court can decide to take up both the reasons for the removal and whether or not the children have been "abused or neglected". Alternatively, the Court may split these two issues up into two different hearings.
If it is split up, you will have another hearing called an "adjudicatory hearing" within 30 days unless all agree to push it out further. At this hearing, the Court will take evidence about whether the children were abused or neglected. After this hearing, you will get a "dispositional hearing". At that hearing, the Court will decide whether the children will be returned or will continue with their placement elsewhere.
If you are facing a removal proceeding, you need immediate counsel. Courts will typically appoint counsel for those who cannot afford counsel. However, if you can afford counsel, it is imperative that you begin looking for an attorney immediately upon receiving notice of the removal.
American Society of Legal Advocates
I am pleased to announced that I have been selected as one of the Top 40 Lawyers Under 40 for Family Law from the American Society of Legal Advocates for the year of 2017. This organization is an invitation-only legal organization which describes its goals as promoting only the most outstanding legal talent throughout the country. I am honored by the nomination and shall continue to serve my clients in the same fashion.
Five Tips for Preparing to Meet With Your Wills Attorney
While getting the documents you need to plan for your family's future is important, it is also important to prepare the documents your attorney will need to get those documents done. The more preparation and planning you do now, the less expensive your estate planning will be. There are five tips to keep in mind when meeting with your attorney.
STEP ONE: PREPARE A LIST OF YOUR ASSETS
It is important that your attorney have a clear picture of all the things that you own and all the people that you owe debts to. The balance of your debt and your assets is important in drafting a good estate plan. Some information that will need to be on this list is how much you obtained the item for, how much the item is currently worth, and where the item is currently located. This also applies to debts. Your attorney will need to know who you owe money to, how much you owe that person, and when you incurred that debt. Getting names and contact information is important.
STEP TWO: PREPARE A LIST OF HEIRS
It is important that your attorney know who all your relatives are. Many relatives may decide to intervene when it comes to carrying out your Will, and your attorney will need to plan for those people. Include in your list addresses and phone numbers. This will allow the attorney to quickly get in contact with these people.
STEP THREE: DECIDE WHO WILL ADMINISTER YOUR ESTATE
You also need to start thinking about who will be distributing your assets. This needs to be a person who is in a strong financial position and will be able to post a bond. It is best if this person is a resident of your state. Your lawyer will also need their contact information.
STEP FOUR: MAKE A LIST OF CURRENT MEDICAL CONDITIONS
Your attorney needs to know your current health condition as well. This comes into play when determining whether a trust is a good idea. Planning for future medical needs is part of the process, and knowing what conditions you currently have help to inform your lawyer of the best steps to take.
STEP FIVE: MAKE A LIST OF QUESTIONS
Come prepared to your first meeting. Make a list of questions in advance that you can ask your lawyer. Being informed is an important part of the process, and lawyers are only able to answer those questions people ask them.