Friday, December 23, 2016

Benefits of filing bankrupcy

What can be gained by filing a Bankruptcy?

If you are facing debt problems, and you are unable to pay off your debt, filing bankruptcy can allow you some relief.

Credit card debt and other unsecured debts can be eliminated. Bankruptcy is very good at wiping out credit card debt. Most credit card debt is unsecured, where there is no lien on your property. Unsecured debt can be eliminated by filing a bankruptcy.

To learn more about Chapter 7 bankruptcy: http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics This chapter of the Bankruptcy Code provides for "liquidation" - the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.

If you file for Chapter 13 rather than Chapter 7, you may have to pay back some portion of your unsecured debts. However, any unsecured debts that remain once your repayment plan is complete will be discharged.

When you file for bankruptcy. The credit card companies, retailers and collection agencies cannot call your home, cannot garnish your wages and cannot take you to court. You will not have to deal with the constant harassment and stress.

Eliminate certain kinds of liens. A lien is a creditor's right to take some or all of your property and will survive bankruptcy unless you invoke certain procedures during your bankruptcy case.

Wednesday, September 30, 2015

Why Engaged Couples Should Sign a Prenup



Timothy Jarabek JD. Legal Researcher

http://www.bankrate.com/finance/personal-finance/engaged-couples-sign-prenup-1.aspx


Although prenuptial agreements are often associated with celebrity couples -- and their headline-generating divorces -- they're not just for boldface names.


Any couple who brings personal or business assets to the marriage can benefit from a prenup. The most basic of these contracts lists an inventory of premarital assets that in the event of a divorce will remain the property of their original owner.


"Prenups are good because they preserve the expectations of the parties and prevent surprises in a divorce trial," says attorney Bob Nachshin, a partner in family law firm Nachshin & Langlois LLP in Los Angeles, and co-author of "I Do, You Do ... But Just Sign Here: A Quick and Easy Guide to Cohabitation, Prenuptial and Postnuptial Agreements." "In my 34 years of practice, I've never seen a prenuptial agreement that wasn't enforced by the court."


The agreements can also specify that future income from a business or additional assets accrued through inheritance are not to be shared with your spouse should the marriage end.


"You can basically do anything you want in a prenup, except you can't limit child support, and you can't limit child custody and visitation," says Nachshin.


Prenuptial agreements can address property acquired before a marriage, such as a home or Grandpop's antique desk, although some states recognize each spouse's rights to his or her premarital property anyway, according to attorney Brian Liu, chairman and co-founder of LegalZoom.com, an online law center.

"The problem people have is, after they get married, what's become yours has become co-mingled," Liu says. "People can't trace after 10 years of marriage what was theirs and what's joint property."


Other areas prenups can cover are the waiving of spousal support and death benefits.


"Even if you make a will and exclude your spouse, some courts will look unfavorably on that," Liu says. "If you have a prenuptial agreement, you can say, 'That was my intention to cut out the spouse.'"


Prenups are especially helpful for older couples and/or those who already have children, says Lynne Gold-Bikin, a family law attorney and former chair of the American Bar Association's family law section.


"Older couples may want to protect children from a prior marriage or protect the ability of the one with lesser assets to go into a nursing home and not give everything over," Gold-Bikin says.


People who have been married before are especially aware of the importance of taking these steps the second time around.


"A lot of times, prenuptial agreements have a bad connotation," Liu says. "I see them happening with people who may have been divorced once, and have children and significant assets, and want to make sure their children and family are protected if something happens."


States have different rules for prenups. California requires an agreement be signed at least seven days after it has been presented, that both parties have attorney representation and that all assets should be disclosed, Nachshin says.


Those requirements were added to the law after the state Supreme Court upheld baseball star Barry Bonds' prenuptial agreement, despite it being signed a day before his wedding and without his future wife having counsel, according to Nachshin, who represented Bonds.


Other circumstances to keep in mind are to never sign such an agreement after having a few drinks and to not present such an agreement when a woman is pregnant, because her medical condition could lead to it being overturned, Nachshin says.


"Remember to talk about it with your spouse way before you plan your wedding, and have it signed four months before you plan on getting married," Nachshin says. "Because otherwise, you're so focused on the prenup that you can't focus on the joy of marriage."


For couples who didn't enter into a prenuptial agreement, they always have the option of forging such a pact after they say their vows. Postnuptial agreements are largely the same as prenups, laying out which assets will remain individual property and which will be shared.


However, states may view postnups differently if they are challenged during a divorce. In California, for example, prenups are presumed to be legally valid, while postnups are presumed to be invalid -- meaning the burden of proof with the latter is on the spouse trying to have the terms enforced, Nachshin says.

Still, properly executed postnups should stand up to court scrutiny.


"I think if both parties have counsel, and there's been full disclosure, the postnup will be upheld," he says.


Prenuptial agreements are supposed to be based on fair and full disclosure of assets, but states vary in how they view this legal tenet, says Gold-Bikin.


The prenup "has to be considered fair at the time it's enforced," she says.


For example, a spouse may agree she won't take anything from a business that's worth $100 at the time she and her future husband sign the prenup. By the time the couple divorces, the husband has transformed the business into the next Google or sold it for a big profit.


Whether it was a "fair agreement" for the wife to not share in the business depends on the state, Gold-Bikin says.


There are other ways to keep assets separate that can work in conjunction with a prenup, or alone.


A revocable living trust can ensure that certain property or income is directed to someone other than your spouse, Liu says.


An even simpler tool is to retain separate bank accounts and keep real estate under your own names.


"Some people, when they get married, immediately change title to property so it's in both their names," Liu says. "The fact that you put the other spouse on the deed, (a judge) is going to assume you meant to give half of your interest to the spouse as a gift, and is going to consider that joint property."


Same-sex couples living in states where their union lacks legal recognition can draw up a co-habitation agreement that resembles a prenup. Similar rules apply: Each partner should have his or her own attorney, disclose assets and not sign the pact under duress, Nachshin says.


With same-sex marriage legal in six states and the District of Columbia, this developing area of the law is made complicated by the fact that a vast majority of states don't allow such unions or recognize their legality.


"As more and more same-sex couples get married, they will experience the same thing as heterosexual couples -- they're going to get divorced," Gold-Bikin says. "The next time they get married, they will have prenuptial agreements."


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How Bankruptcy Can Help With Foreclosure



Timothy Jarabek JD. Legal Researcher

http://www.nolo.com/legal-encyclopedia/bankruptcy-help-with-foreclosure-29631.html





If you are facing foreclosure, bankruptcy might be able to help. In many cases, filing Chapter 7 bankruptcy can delay the foreclosure by a number of months. Some people may be able to save their home by filing for Chapter 13 bankruptcy.
What Is Foreclosure?


Typically foreclosure begins after a homeowner falls behind on mortgage payments. The lender begins the legal process of selling the home at auction in order to get payment for the loan. The process involves numerous steps, including notification to the homeowner.


This won't happen overnight. Usually a lender won't begin the foreclosure process until you've missed several payments, often three or four. That gives you time to try some alternate measures, such as loan forbearance, a short sale, or a deed in lieu of foreclosure. (To learn more about these options, see Nolo's article How to Avoid Foreclosure.)


But if you've already tried and failed with these measures, now is a good time to consider bankruptcy as a possibility for avoiding or stalling foreclosure. Here are some ways that filing for bankruptcy can help you.
The Automatic Stay: Delaying Foreclosure


When you file either a Chapter 13 or Chapter 7 bankruptcy, the court automatically issues an order (called the order for relief) that includes a wonderful thing known as the "automatic stay." The automatic stay directs your creditors to cease their collection activities immediately, no excuses. If your home is scheduled for a foreclosure sale, the sale will be legally postponed while the bankruptcy is pending--typically for three to four months. However, there are two exceptions to this general rule:


Motion to lift the stay. If the lender obtains the bankruptcy court's permission to proceed with the sale (by filing a "motion to lift the stay"), you may not get the full three to four months. But even then, the bankruptcy will typically postpone the sale by at least two months, or even more if the lender is slow in pursuing the motion to lift the automatic stay.


Foreclosure notice already filed. Unfortunately, bankruptcy's automatic stay won't stop the clock on the advance notice that most states require before a foreclosure sale can be held (or a motion to lift the stay can be filed). For example, before selling a home in California , a lender has to give the owner at least three months' notice. If you receive a three-month notice of default, and then file for bankruptcy after two months have passed, the three-month period would elapse after you'd been in bankruptcy for only one month. At that time the lender could file a motion to lift the stay and ask the court for permission to schedule the foreclosure sale.


Learn more about how the Automatic Stay Stops Creditors.
How Chapter 13 Bankruptcy Can Help


Many people will do whatever they can to stay in their home for the indefinite future. If that describes you, and you're behind on your mortgage payments with no feasible way to get current, the only way to keep your home is to file a Chapter 13 bankruptcy.


How Chapter 13 works. Chapter 13 bankruptcy lets you pay off the "arrearage" (late unpaid payments) over the length of a repayment plan you propose--five years in some cases. But you'll need enough income to at least meet your current mortgage payment at the same time you're paying off the arrearage. Assuming you make all the required payments up to the end of the repayment plan, you'll avoid foreclosure and keep your home.


2nd and 3rd mortgage payments. Chapter 13 may also help you eliminate the payments on your second or third mortgage. That's because, if your first mortgage is secured by the entire value of your home (which is possible if the home has dropped in value), you may no longer have any equity with which to secure the later mortgages. That allows the Chapter 13 court to "strip off" the second and third mortgages and recategorize them as unsecured debt --which, under Chapter 13, takes last priority and often does not have to be paid back at all. Learn more in our article on Getting Rid of Second Mortgages in Chapter 13 Bankruptcy. For more information on Chapter 13 bankruptcy, see the Chapter 13 Bankruptcy area of Nolo's website.


It may be that you'll have to give up your home no matter what. In that case, filing for Chapter 7 bankruptcy will at least stall the sale and give you two or three more months to work things out with your lender. It will also help you save up some money during the process and cancel debt secured by your home.


Saving money. During a Chapter 7 bankruptcy, you can live in your home for free during at least some of the months while your bankruptcy is pending--and perhaps several more after your case is closed. You can then use that money to help secure new shelter. (For more on this, see the blog post How Bankruptcy Can Be Used to Deal With Foreclosure.)


Canceling debt. Chapter 7 bankruptcy will also cancel all the debt that is secured by your home, including the mortgage, as well as any second mortgages and home equity loans.


Canceling tax liability for certain property loans. Thanks to a new law, you no longer face tax liability for losses your mortgage or home-improvement lender incurs as a result of your default, whether you file for bankruptcy or not. This new law applies to the 2007 through 2012 calendar years. (See Nolo's article Canceled Mortgage Debt: What Happens at Tax Time?)


However, the new tax law doesn't shield you from tax liability for losses the lender incurs after the foreclosure sale if:
the loan is not a mortgage or was not used for home improvements (such as a home equity loan used to pay for a car or vacation), or
the mortgage or home equity loan is secured by property other than your principal residence (for example, a vacation home or rental property).


This is where Chapter 7 bankruptcy helps. It will exempt you from tax liability on losses the lender incurs if you default on these other loans. For more information on Chapter 7 bankruptcy, see the Chapter 7 Bankruptcy area of Nolo's website.
Chapter 7 Cannot Cancel the Foreclosure


With all this debt being cancelled, you may be wondering why the foreclosure on your home won't be cancelled too. The trouble is, when you bought your home you probably signed two documents (at least)--a promissory note to repay the mortgage loan and a security agreement that could be recorded as a lien to enforce performance on the promissory note.


Chapter 7 bankruptcy gets rid of your personal liability under the promissory note, but it doesn't remove the lien. That's the way Chapter 7 works. It gets rid of debt but not liens--you'll still probably have to give up the house under the lien since that's what provided collateral for the loan.
Chapter 7 Bankruptcy May Not Be Right For You


Not everyone can or should use Chapter 7 bankruptcy. Here's why:


You could lose property you want to keep. Chapter 7 might cause you to lose property you don't want to give up. As an example, if your wedding ring is particularly valuable, it may exceed the dollar amount of jewelry you're allowed to keep in a bankruptcy (under something called the "jewelry exemption"). In that case, the bankruptcy trustee could order you to turn the ring over to be sold for the benefit of your creditors. For more on what property you can and can't keep in Chapter 7 bankruptcy, see Nolo's articleWhen Chapter 7 Bankruptcy Isn't the Right Choice.


You may not be eligible. Even if Chapter 7 bankruptcy would work for you, you may not be eligible. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, you are not eligible if your average gross income for the six-month period preceding the bankruptcy filing exceeds the state median income for the same size household. Nor are you eligible if your current income provides enough excess over your living expenses to fund a reasonable Chapter 13 repayment plan. For more information about how the new income eligibility test (the "means test") works, see Nolo's article Chapter 7 Bankruptcy -- Who Can't File?
Bankruptcy's Effect on Your Credit Score


Both bankruptcy and foreclosure will damage your credit score. However, sometimes bankruptcy is the preferable option when trying to rebuild credit. Here's why:


A foreclosure will damage your credit score for many years, will not get rid of your other debt, and is particularly harmful if you are house shopping.


In contrast, discharging your debts in bankruptcy will harm your credit score, but can help you rebuild your score quicker than after a foreclosure. This is because bankruptcy will leave you solvent and debt-free--and therefore able to start rebuilding good credit sooner.


Keep in mind that the current mortgage meltdown and credit crunch (which are prevalent at the time this article is being written) may change the way bankruptcy and foreclosure affect credit ratings.
If All Else Fails: Relief From Debt and Tax Liability


If you're certain you won't be able to propose a Chapter 13 repayment plan that a bankruptcy judge will approve, and Chapter 7 will provide only a temporary delay from the foreclosure sale, then what's the point of either?


If you have to lose your home--a bitter result to be sure, but sometimes unavoidable--you can at least view bankruptcy as the best way to get out from under your mortgage debt and tax liability. Bankruptcy also offers a way to save some money, which will help you find new shelter and weather the psychological and economic shocks that lie ahead.
Next Steps


To learn more about Chapter 13 bankruptcy and how it can help you avoid foreclosure, get Chapter 13 Bankruptcy: Keep Your Property & Repay Your Debts Over Time, by Robin Leonard and Stephen R. Elias (Nolo).


For information on Chapter 7 bankruptcy, including forms and instructions for filing yourself, get How to File for Chapter 7 Bankruptcy, by Stephen R. Elias, Albin Renauer, and Robin Leonard (Nolo).


If you're having trouble making your mortgage payments or already in jeopardy of foreclosure, see Nolo's Bankruptcy, Debt & Foreclosure Blog or the bestselling Foreclosure Survival Guide, now available online at no charge. Both are written by Stephen R. Elias, president of the National Bankruptcy Law Project.

Sunday, August 30, 2015

Choosing a Business Name


Timothy Jarabek
FAQ from http://nolo.com


What is a trademark?
A trademark (sometimes called simply a "mark") is any word, phrase, design, or symbol used to market a product or service. Technically, a mark used to market a service, rather than a product, is called a service mark, though the term "trademark" is commonly used for both types of marks because they refer to the same group of legal protections. Owners of trademarks have rights under both federal and state law that give them the power in many cases to prevent others from using the same or confusingly similar trademarks.

To make sure your proposed business name won't step on someone else's rights to an existing trademark, you'll have to do a trademark search. (Read Make Sure Your Proposed Business Name Is Available to learn how to do a trademark search.) Also, when picking a business name, you should take care to choose a name that will be likely to receive trademark protection and then take steps to protect your business name as a trademark. For more information on names that are likely to receive trademark protection, see Pick a Winning Name for Your Business, and for more information on protecting your business name as a trademark, see Filing a Federal Trademark Application FAQ.

What's the best type of name for my business?
There's no one-size-fits-all formula for picking a great business name. The best name depends on a host of considerations -- some as obvious as the kind of business you do, others as unique as your own tastes and style. There are, however, a few guidelines that will steer you in the right direction. A good business name should:
be distinctive
be memorable
be easily spelled and pronounced
suggest the products or services you offer, and
distinguish you from your competitors.

For more information, read about how Distinctive Names Receive More Trademark Protection.

What issues should I keep in mind when picking a name for my business?
No doubt you'll spend hours brainstorming for a business name that represents your products or services -- a name that's both marketable and infused with personality. To help the creative process along, you might surf the Web, browse the dictionary, read trade magazines, and bounce ideas off of friends and colleagues. But as you hunt for the perfect name, keep three main questions in mind:
Will your business name receive trademark protection?
Is your proposed business name available?
If your business will have a website, is a similar domain name available?

Plus, if you're starting a corporation, LLC, or limited partnership, you must comply with a few state rules for naming your business. (See Choosing a Corporate Name or Choosing a Name for Your LLC.)

How do I find out if the business name I want is available?
You'll have to conduct a name and trademark search to make sure no one else is using the name you want to use (or a very similar name) to market similar products or services. You should also check with your county clerk's office to see whether your proposed name is already on the list of fictitious or assumed business names in your county. If you find that your chosen name (or a very similar one) is registered as a trademark, or is listed on a fictitious or assumed name register, you shouldn't use it.

If you're organizing your business as a corporation, LLC, or limited partnership, you must also make sure your business nameisn't the same as that of an existing corporation, LLC, or limited partnership in your state. If a name that is identical or very similar to your proposed business name turns up in your state's database, you'll have to choose another.

Read Make Sure Your Proposed Business Name Is Available for instructions on how to do a thorough name and trademark search.

What is the "legal name" of my business?
The legal name of a business is the official name of the person or entity that owns a business. If you are the only owner of your business, then its legal name is simply your full name.

If your business is a general partnership, and you have a written partnership agreement that gives a name to the partnership, then that name is the legal name of the business. Otherwise, the legal name of a general partnership consists of the last names of the owners.

For limited partnerships, LLCs, and corporations, the legal name of the business is the name registered with the state filing office.

Your business's legal name will be required on all government forms and applications, and is particularly important to use on your application for a federal employer identification number.

If you plan to use a name that's different from your business's legal name, you'll need to register the name you want to use with a government agency. For more information, see the following question, What is a fictitious business name?

What is a fictitious business name?
The term "fictitious business name" (or "assumed business name," "trade name," or "DBA" for "doing business as") is used when a business uses a name that's different from its legal name. For instance, if John O'Toole names his sole proprietorshipTurtle's Classic Cars, the name "Turtle's Classic Cars" is a fictitious business name because it does not contain John's last name, "O'Toole."

If your business uses a fictitious business name, you'll need to register it with a government agency -- in most states, your local county clerk's office.

For more information, read Registering Your Business Name.

Do I have to register my business name?
If you're starting a corporation, LLC, or limited partnership, your official business name will be automatically registered when you file your articles of incorporation, articles of organization, or statement of limited partnership with your state filing office. However, if you will sell products or services under a different name, you must also file a fictitious name statement (sometimes called an "assumed" name statement) with the state or county where your business is headquartered. For more information on how to register a fictitious name, see Registering Your Business Name.

Other types of businesses may also have to comply with fictitious or assumed business name requirements. Generally, any business that doesn't use its legal name as part of its business name must file a fictitious name statement with a government agency, usually the county clerk's office. For more information on how to register a fictitious name, see Registering Your Business Name.

You may also want to take advantage of the extra protection that registering your name as a trademark can give you. While it's not required, registering your name as a trademark at the state and/or federal level can prevent other businesses from using a name that's likely to be confused with your business name. For more information, see Filing a Federal Trademark Application FAQ.

Can I change my business name to include "Inc." or "LLC"?
Some people confuse choosing a business name with choosing a type of ownership structure, such as a corporation or limited liability company (LLC). But you can't just tack "Inc." or "LLC" onto the end of your business name and start calling yourself a corporation or LLC.

First you must form a corporation or LLC, and to do so you've got to follow certain filing procedures to register the new type of company with your state. For more information on the various types of businesses, see Learn About Business Ownership Structures.

For step-by-step help in choosing and registering your business name, see The Small Business Start-Up Kit: A Step-by-Step Legal Guide, by Peri H. Pakroo (Nolo).


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Tuesday, August 25, 2015

Legal Considerations When Transferring Money to the US

Timothy Jarabek

Article from http://www.lawplainandsimple.com/legal-guides/article/legal-considerations-when-transferring-money-to-the-us


Whether you’re moving money to the US to fund an emigration, or have business concerns in the nation, there are certain legal restrictions which you need to be aware of.

For nations within the European Union, international money transfers between member states come with few, if any, restrictions. Unfortunately the same cannot be said for moving money in and out of the US.
How are foreign exchange transactions regulated in the US?

Until several years ago, foreign exchange brokers operating in the US or dealing with US residents weren’t regulated. Whilst some appreciated this freedom, others were concerned that the lack of regulation was allowing some firms to get away with severe misconduct. Consequently, various measures were implemented which resulted in a complete overhaul of the foreign exchange industry, with the dealings of international payments providers being strictly monitored.
Soon after, there was a ruling that any currency exchange providers conducting transfers to or from the nation would be subject to US law, and failure to comply with legislation resulting in potential civil/criminal penalties.
What this essentially meant was that any non-US foreign exchange company (even one with a branch in the North American nation) needed to follow two sets of legal requirements in order to operate legally in the US.
Since 2008, all retail foreign exchange brokers must be regulated and meet certain capital requirements, such as increasing their capital to such an extent that smaller brokers were unable to continue operating.
Non US-based foreign currency brokers were also encouraged to finish trading with US persons.
Some foreign currency exchange companies ceased dealing with the US as a result of these restrictions, but there are a number of UK-based institutions which act in accordance with US law and will be able to help you with your transfer requirements.  
What are the benefits of the US restrictions?
While the legalities surrounding moving money to the US can be tricky to navigate, they do come with benefits. For instance, the introduction of a substantial capital requirement was designed to safeguard client funds by reducing the odds of bankruptcy and pushing brokers to be upfront about their financial dealings.
All currency brokers regulated by the National Futures Association (NFA) now need to measure up to strict standards and adhere to rules like being licensed, employing specially trained staff, submitting their bank balances for regular checking and not using client funds to carry out business activities. All of this means that clients can feel more confident in the security of their funds and the safety of their transactions.
The negative aspect of this level of regulation is that the large capital requirement has priced smaller brokers out of the market, so larger firms have the monopoly and can get away with offering clients a worse deal in terms of securing a competitive exchange rate.
The licensing restrictions also mean that any foreign-based brokers which want to send money in or out of the US need to hold a licence for every individual state they trade with. As the licences can be pricey, most foreign-based brokers can only trade with a certain number of states.  
How can you transfer money to and from the US?

If you need to transfer funds to or from the US and aren’t sure how to go about it, you may wish to get in touch with a reputable currency broker to talk through your options.
Despite the restrictions laid out above, there are ways in which UK-based foreign exchange providers can legally transfer money into and out of the US so it’s worth opening an account with one that ticks all your boxes in terms of assuring fund security and offering competitive exchange rates, with no transfer fees or commission costs.
You’ll also need to check which states they’re able to move money between with absolute freedom and which they can’t make third party payments from.
There may be a number of legal considerations to bear in mind when moving money to or from the US but, with a little bit of investigation, you should be able to find a UK broker who can manage your requirements.
Author: Euan McLachlan
Published on 20th August 2015

Dissolving a Civil Partnership

Timothy Jarabek

Article from http://www.lawplainandsimple.com/legal-guides/article/dissolving-a-civil-partnership

My partner and I entered into a Civil Partnership in 2005 but are now looking to end our relationship. What are the first steps we should take?
To formally end a civil partnership, you need to get permission from the court. As your partnership has lasted more than a year, you can apply for a dissolution order. In order to be granted a dissolution order, you must be able to prove to the court that your relationship has irretrievably broken down a permanent basis.
There are a number of reasons why your relationship may have broken down on a permanent basis. Reasons for dissolution can be varied but can include behaviour reasons or the fact that you have been separated from your partner, for a minimum of two years.
The process starts with you presenting a petition for dissolution to the court. A solicitor can help with the drafting of the court papers and provide advice throughout. You will not need to go to court in relation to the dissolution process, so long as your partner does not defend the case.
You will need to consider what is going to happen financially as a result of your relationship breakdown. There are a variety of ways in which you can resolve those issues. It is always hoped that you can agree what is to happen. However, if agreement cannot be reached then you may want to consider using mediation or collaborative law. Only as a last resort should the courts be used to resolve any disputes.
Under the collaborative law process, each person appoints their own lawyer and you and your respective lawyers all meet together to work things out face to face. Both you and your partner will sign an agreement at the start of this process to confirm that you will resolve your problems without going to court. Both lawyers work with you and your partner to help you reach agreement. This process avoids the court system which can be costly and time consuming.
If the mediation is something that you would want to consider, your solicitor will be able to refer you to a trained mediator. If agreement is reached through mediation, your legal representative can draft the necessary papers that would be lodged with the court to confirm that agreement.
Whatever process you decide upon to resolve your difficulties, both of you will need to discuss with your respective lawyers all issues that could arise, including decisions about your property and housing arrangements, financial support and possibly parenting arrangements.
Both you and your partner have a legal responsibility to support one another financially. Your solicitor will be able to suggest multiple ways financial support can be arranged and will do everything possible to keep the process as amicable as possible.
Your legal representative can help you come to a voluntary agreement where either party can agree to financial support or a family based arrangement. For example, one of you may agree to make weekly payments to support the other partner or it can be decided that the costs of rent or mortgage payments will be shared. A solicitor can advise you as to whether your financial support agreement is appropriate. I would always advise that you have an agreement in writing in case of any future problems.
The ending of a relationship can be a difficult time for most people.  An experienced solicitor in these proceedings can help make the process quicker and smoother and ensure you get the legal support you need throughout.
Author: Ruth Hetherington
Published on 20th August 2015

Friday, August 14, 2015

Timothy J Jarabek JD. Legal Research

           
Timothy Jarabek

Prisoner Legal Project, Inc., Timothy Jarabek J.D. President/Executive Director

A. Biography

Mr. Jarabek has extensive experience in both state and federal criminal litigation, but also has unique experience in legal issues concerning the incarcerated, especially in the procedurally complicated areas of post-conviction relief and habeas corpus. In addition, he has assisted disabled Ohio inmates in accommodation issues by navigating the inmate through the internal Department of Corrections grievance process and seeking relief or appropriate accommodations in Court where necessary. Mr. has also assisted prisoners in other issues, such as obtaining jail time credit, seeking relief from overly burdensome fines and correcting mistakes in journal entries by obtaining non pro tunct orders changing the entries to adequately reflect the Court’s initial and true Order.

B. Overview of Prisoner Legal Project Inc.

The mission of the Prisoner Legal Project, Inc is to assist prisoners with their cases by reviewing their underlying convictions for legal errors at the trial court level or identifying constitutional infirmities in their conviction, such as ineffective assistance of counsel, lack of due process, and other constitutional challenges. If after reviewing the inmate’s case, our volunteer or staff attorney finds arguable trial errors or constitutional infirmities, the attorney will draft the appropriate pleading for the inmate to sign and file on a pro se basis, whether that pleading be a direct appeal, a motion for post-conviction relief or a writ of habeas corpus. In addition, our attorneys can assist disabled inmates in obtaining reasonable accommodations by helping the inmate navigate the internal DOC grievance process and, if necessary, by drafting complaints to have the issue resolved by the courts. Finally, our attorneys will assist inmates in other issues, such as the proper application of jail time credit to the inmate’s sentence.