As a Boise Bankruptcy Attorney, I often hear from people that they are confused about who and when you can file for bankruptcy. Today, I will give a quick overview of the who and when of bankruptcy. In addition, I often get questions about when it is advantageous to file for bankruptcy. I will also address some examples of that today.
Who Can File For Bankruptcy?
Anyone who meets the requirements for the various forms of bankruptcy can file for the protection it provides. This includes businesses. While, technically, a business isn't a person and visa versa, the protection granted by the Federal Court extends to entities.
Some examples of who can file for bankruptcy include and individual who meets a financial criteria test (Chapter 7), an individual who does not meet the financial test of bankruptcy but who needs to make a payment plan (Chapter 13) or a business which needs to restructure its debt payments (Chapter 11).
When Can You File For Bankruptcy?
In most cases, if you need the protection of bankruptcy it is there
for you. However, there are limits on how frequently you can file and
which Chapter will apply to you. For example, if you have filed for Chapter 7 within the past 8 years, and received a discharge, you may not file for Chapter 7 again before that time frame has expired. If, however, you find yourself in a financial situation where you can't pay your debts, you may qualify for a Chapter 13 after four years, even though you might meet the means test required for a Chapter 7. Not to further complicate the issue, but there are more limits. If you need to file for Chapter 7 after you have filed a Chapter 13, you need to wait six years. In this situation, however, you may actually be able to get a complete discharge of unsecured debt under a Chapter 7 before the six year period if you have paid 70% of your secured debt. In order to file a Chapter 13 bankruptcy a second time, you must wait two full years from the date of filing.
Mortgage Foreclosure and Asset Protection
The obvious reason for filing for bankruptcy is to discharge your debt or to get a repayment plan to restructure debt.
These are two situations where there can be a reason, other than financial protection, for filing bankruptcy. If you are behind on your mortgage, filing a Chapter 13 bankruptcy can protect your home. This allows you to pay off the arrerages over a period of time so that you are not foreclosed against. Chapter 13 will allow you to make a payment plan for repayment for the mortgage debt as well as your other debts.
Another situation which can provide an important reason to file bankruptcy beyond a financial consideration, is the protection of assets. By law certain pieces of property are exempt from being used to cover your debt. If you have an asset associated with your financial livelihood, for example, it doesn't make any sense for a court to take that asset away. If you have debt associated with that asset you can file for Chapter 13 and make payments on the back debt, thereby protecting your asset.
If you need to speak to a Boise Bankruptcy please give us a call, 208-472-2383. You will be glad.
Monday, April 1, 2013
Thursday, March 7, 2013
Boise DUI Lawyers - Idaho Criminal Defense Attorneys - (208) 472-2383
Felony DUI
As a Boise DUI Lawyer, I see a lot of drunk driving cases. Often these cases are what a criminal defense attorney might call routine. Although DUI is not routine or run of the mill, misdemeanor driving under the influence follows a typical pattern. This is not the case with Felony DUI.
Most often a person will end up with misdemeanor DUI and they will learn their lesson. They know that they must be on guard and not drive under the influence of alcohol again, or else. This isn't necessarily the case with felony DUI. It is not the case that they just won't learn their lesson, it is more likely the case that there is an underlying situation causing a problem which is manifesting itself in reckless behavior.
Repeat DUI
When a person gets three or more DUI charges within 10 years it is a felony. The lasted news about the 52 year old Boise resident who has received 6 DUI charges since 1994 is an example of a situation out of hand.
How does the court deal with offenders such as this? To prevent recidivism (repeated criminal offenses), the law creates a graduated fine, jail time and suspended driving privileges deterrent. Often, in first time offenses or even second time, the full extent of available sentence won't be imposed. It is often "suspended" or a maximum fine is not imposed. The more time a person commits a crime, especially the same type, the more likely they will be to get the full force of the sentence as well as anything that has been suspended previously if they are still on probation.
Jail, Fine and DUI
Does the graduated method of penalty deter repeated crime? When there is an underlying problem that is causing the repeated DUI, jail time, fines and license suspension cannot possibly prevent further problems. The underlying issue must be resolved. The law does provide for optional Drug or Mental Health Court, but these are not automatic and you do not have a "right" to be admitted into these. Perhaps a more involved prevention would help. If a second time DUI sentence carried with it the mandatory requirement for a drug or mental health counseling, perhaps it would go a long way in preventing felony DUI by addressing the underlying problem before it results in recidivism.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise DUI Attorney, please give us a call, 208-472-2383, and see what we can do for you.
Click here for more information from a Boise DUI Attorney
As a Boise DUI Lawyer, I see a lot of drunk driving cases. Often these cases are what a criminal defense attorney might call routine. Although DUI is not routine or run of the mill, misdemeanor driving under the influence follows a typical pattern. This is not the case with Felony DUI.
Most often a person will end up with misdemeanor DUI and they will learn their lesson. They know that they must be on guard and not drive under the influence of alcohol again, or else. This isn't necessarily the case with felony DUI. It is not the case that they just won't learn their lesson, it is more likely the case that there is an underlying situation causing a problem which is manifesting itself in reckless behavior.
Repeat DUI
When a person gets three or more DUI charges within 10 years it is a felony. The lasted news about the 52 year old Boise resident who has received 6 DUI charges since 1994 is an example of a situation out of hand.
How does the court deal with offenders such as this? To prevent recidivism (repeated criminal offenses), the law creates a graduated fine, jail time and suspended driving privileges deterrent. Often, in first time offenses or even second time, the full extent of available sentence won't be imposed. It is often "suspended" or a maximum fine is not imposed. The more time a person commits a crime, especially the same type, the more likely they will be to get the full force of the sentence as well as anything that has been suspended previously if they are still on probation.
Jail, Fine and DUI
Does the graduated method of penalty deter repeated crime? When there is an underlying problem that is causing the repeated DUI, jail time, fines and license suspension cannot possibly prevent further problems. The underlying issue must be resolved. The law does provide for optional Drug or Mental Health Court, but these are not automatic and you do not have a "right" to be admitted into these. Perhaps a more involved prevention would help. If a second time DUI sentence carried with it the mandatory requirement for a drug or mental health counseling, perhaps it would go a long way in preventing felony DUI by addressing the underlying problem before it results in recidivism.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise DUI Attorney, please give us a call, 208-472-2383, and see what we can do for you.
Click here for more information from a Boise DUI Attorney
Monday, February 18, 2013
Boise Family Law Attorneys - Idaho Child Support - Can You Agree to a Different Amount?
Child Support in Idaho
As a Boise Family Law Attorney one very common question I get is how is child support determined? As I have noted many times before, Idaho uses the Idaho Child Support Guidelines to establish child support.
Child Support by Agreement
Once people understand this they want to know if they can agree to an amount different than established by the guidelines. In general you can but you must rationalize the deviation. For example, if one party pays all the transportation, they may be able to show the court why the monthly obligation should be adjusted to an amount lower than what has been established by the guidelines.
Sometimes people want to include payments in child support that actually don't belong there. An example of where this can happen is if one spouse feels that they should pay more than what is required by the guidelines so that the other spouse can have help paying the mortgage. As a Boise Divorce Attorney, I would caution against this type of inclusion and a judge may actually not allow it at all anyway.
Child Support by Contract
In a divorce the court has jurisdiction over the parties, their children and their property. When you make an agreement by stipulation or contract the court may determine that it does not have jurisdiction over your agreement. What does this mean for you? If you take the above example of including more money in the monthly child support obligation for the ex-spouse to pay the mortgage, you may not be able to modify that amount if the court determines it doesn't have jurisdiction. This means that once you feel it is no longer necessary to pay the ex-spouse additional monies for the house payment, you won't be able to modify your contract.
As a Boise Divorce Attorney I recommend that you keep your child support obligation free of external agreements and amounts not contemplated by the guidelines. If you absolutely feel it necessary to provide more money for your ex-spouse you can have a separate agreement where you agree to pay money to them. In that contract, it would be an absolute necessity to create provisions that would allow you to revisit and modify the contract so you not unnecessarily bound for a lengthy duration.
If you are seeking a divorce or child support modification and you need to speak to a Boise Family Law Lawyer, please give us a call, 208-472-2383. You will be glad you did.
As a Boise Family Law Attorney one very common question I get is how is child support determined? As I have noted many times before, Idaho uses the Idaho Child Support Guidelines to establish child support.
Child Support by Agreement
Once people understand this they want to know if they can agree to an amount different than established by the guidelines. In general you can but you must rationalize the deviation. For example, if one party pays all the transportation, they may be able to show the court why the monthly obligation should be adjusted to an amount lower than what has been established by the guidelines.
Sometimes people want to include payments in child support that actually don't belong there. An example of where this can happen is if one spouse feels that they should pay more than what is required by the guidelines so that the other spouse can have help paying the mortgage. As a Boise Divorce Attorney, I would caution against this type of inclusion and a judge may actually not allow it at all anyway.
Child Support by Contract
In a divorce the court has jurisdiction over the parties, their children and their property. When you make an agreement by stipulation or contract the court may determine that it does not have jurisdiction over your agreement. What does this mean for you? If you take the above example of including more money in the monthly child support obligation for the ex-spouse to pay the mortgage, you may not be able to modify that amount if the court determines it doesn't have jurisdiction. This means that once you feel it is no longer necessary to pay the ex-spouse additional monies for the house payment, you won't be able to modify your contract.
As a Boise Divorce Attorney I recommend that you keep your child support obligation free of external agreements and amounts not contemplated by the guidelines. If you absolutely feel it necessary to provide more money for your ex-spouse you can have a separate agreement where you agree to pay money to them. In that contract, it would be an absolute necessity to create provisions that would allow you to revisit and modify the contract so you not unnecessarily bound for a lengthy duration.
If you are seeking a divorce or child support modification and you need to speak to a Boise Family Law Lawyer, please give us a call, 208-472-2383. You will be glad you did.
Friday, January 25, 2013
Contempt of Court - Boise Divorce Attorney (208) 472-2383
Contempt of Court
Being held in contempt of court is not a legal situation unique to family law. You can be held in contempt of court by any judge in any court. But what exactly is contempt of court and how does it apply to family law?
What is Contempt?
Whenever a judge orders you to do something, you are required to do it just as the judge tells you. If you do not, you can be held in contempt of court, meaning the judge can punish you for not doing what you were told. Often, like in the case of divorce law, the other side brings a motion against you telling the judge that you did not comply with his or her order and asking them to hold you in contempt.
Contempt in a Family Law Court
As a Boise Divorce Attorney, I see contempt cases all the time. There can be many different reasons people, within the Family Law Court, are held in contempt. Often in a court order, for example, a person will be ordered to sell or refinance the community home within a certain time period. If they fail to comply, the other side can bring contempt charges against them. What if, however, the party who was ordered to act tried their best to sell the house but was unable due to market conditions? Or, what if their credit was ruined in the course of the divorce and they could not qualify for refinancing? These are very common situations I see as a family law lawyer. Like so many things in the law, there isn't a cut and dry answer. A judge may say, "you didn't comply" period and "you go to jail" More likely, however, a judge will look at the circumstances surrounding the contempt. They might look at the effort you used to sell the house or why your credit was bad. Did the other side do something to hinder your credit? Was your credit bad before the divorce? The judge will also look at whether you were ordered to do something or you agreed to do something. That little difference between being ordered and agreeing can be huge! Sometimes the judge will also look at something known as "clean hands". Has the other party violated the order just as much? Much like the kettle calling the pot black!
Contempt is a very serious charge that can result in jail time. You should never take it lightly. While you may think you have a valid justification for your non-compliance the judge may not. Judges do not like to see their orders ignored!
If you have a divorce or family law issue and you need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383. You will be glad you did.
Friday, January 4, 2013
Boise DUI Attorney - How Will a DUI Effect My Job - (208) 472-2383
As a Boise Criminal Attorney I often get anxious calls from individuals who have gotten a DUI. They are not only concerned about the consequences of being charged with a crime, but also the widespread effects on other aspects of their lives. DUI can wreak havoc on your personal life as well as on your employment. Probably the second or third most frequent question I get as a Boise DUI Lawyer is, "Will I lose my job?"
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
Tuesday, December 25, 2012
Boise Criminal Attorneys - Idaho DUI Lawyers (208) 472-2383
DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
Wednesday, December 12, 2012
Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case
Modification
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
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