News

“Fee-Only Plan” in a Chapter 13; Gray area now even grayer with the decision pursuant Berliner v. Pappalardo, No. 11-1831 (1st Cir. March 22, 2012)

The Supreme Court case Lamie v. U.S. Tr., was a landmark case that essentially required bankruptcy attorneys to collect all their payments upfront from their clients in a Chapter 7 proceeding. More specifically, except in limited circumstances, attorney’s fee are … Continue reading

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You Are NOT the Father!

When a man signed an Acknowledgment of Paternity or adjudicated as the father of the child by a Court, he is obligated to pay for child support and medical support once the parties are seperated and the mother of the … Continue reading

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Inherited IRA is protected under Section 522(d)(12) of the Bankruptcy Code

In a recent case arising from the 5th Circuit Court entitled, In re Chilton, the 5th Circuit Court held that IRA that was inherited by the debtor from a 3rd party was exempted under Section 522(d)(12) of the Bankruptcy Code. In … Continue reading

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May I divorce myself?

The Question:  Can I divorce myself? Yes….however, its a bad choice.  Filing the petition for divorce is the easy part.  The petition may be purchased through online divorce kits or downloaded from forms offered by the law library and you will … Continue reading

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What Happens Next?

Question:  Once my case is filed….What happens next? After you have spent a fair amount of money and time to file your own divorce, the question ultimately becomes “what happens next?”  The Final Decree of Divorce and other supporting documents must be … Continue reading

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How long does it take to obtain a Divorce?

Question:  How long does it take to obtain a divorce?  In simple uncontested divorces, it takes a minimum of (60) days. Uncontested divorces means that the parties have resolved all issues between themselves without court intervention or litigation.  The lawyer’s role … Continue reading

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Why can’t I move with my children to another state?

Question:   Why can’t I move with my children to another state? If the one of the spouse is appointed primary conservator of a child and has the exclusive rights to determine where the child resides, what can the other spouse … Continue reading

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