To install click the Add extension button. That's it.

The source code for the WIKI 2 extension is being checked by specialists of the Mozilla Foundation, Google, and Apple. You could also do it yourself at any point in time.

4,5
Kelly Slayton
Congratulations on this excellent venture… what a great idea!
Alexander Grigorievskiy
I use WIKI 2 every day and almost forgot how the original Wikipedia looks like.
Live Statistics
English Articles
Improved in 24 Hours
Added in 24 Hours
Languages
Recent
Show all languages
What we do. Every page goes through several hundred of perfecting techniques; in live mode. Quite the same Wikipedia. Just better.
.
Leo
Newton
Brights
Milds

Vehicle registration plates of Zambia

From Wikipedia, the free encyclopedia

Zambia requires its residents to register their motor vehicles and display vehicle registration plates.[1] Current plates are European standard 520 mm × 110 mm, and use FE-Schrift.

Image First issued Design Slogan Serial format Serials issued Notes

YouTube Encyclopedic

  • 1/1
    Views:
    24 282
  • What Family Law is All About.m4v

Transcription

from the law school of saint louis university a_t_c_ t_v_ and the missouri bar association proudly present meanwhile school maximum cleveland and diane margin and discuss what family law all about strengths in the area part cases again sees letting her time where diana monahan is anne groer office use your offices together who's also solo practitioner and she is currently one of two permanent r_d_ headlight and sergio yeltsin's what we refer to them yes that handle travel order protection cases in saint louis she's also a graduate of saint louis university school of law stop steve stop early question street people question uh... my name is there a playground nancy said time uh... what i needs u_s_ take me home for dinner like the first week of law school and i was in the dorm across the street which now is fancy but that doesn't really really awful enhances muhammad's i felt like a real person again starting off strong uh... and then they are not meant to be down one our kids were little and we were had kids in the crime search so not gone from being a public defender to heaven and the private practice and now what i do almost exclusively is work as a guardian adeline and i represent children in custody cases their divorce cases domestic cases uh... sometimes i will travel down to juvenile court and neglect abuse cases they used to do that it was one of them opportunity things now but i don't do that anymore when you are safeguarding live and how do you get that position you did a quarter points here and the court has to appoint you don't have the parent alleges abuse or neglect so there's a statute that kicks in if they just want some help indesign custody and what i have seen it already if this is the problem is that more markets as we just use a guardian headline so i am attorney for the china and and i'd look out for the best interests of the trial then that sets me apart from an attorney representing a parent is that bad attorney has to do what that client wants it may be a wacky course of action like i want to go or all armani you know i want her to pay me might be kind of a wacky level row typical but they have to do it ideas i have to do what i think is in the child's best interest suffocation you'll have a child i was saying i wanna go with this or that hampton and i'm outlook and see what's going on it might not be in the child's best interest to spend all the time i will always tell the court what that child's wishes are back ultimately what i recommend is in the child's best interest i represent the child in all the legal proceedings and and normally what i do is a interview mom interviewed to add i talk with the children and then there might be a variety of other people who are involved in this family's life therapists they're very good source for me teachers are a good source um... friends and relatives aren't usually quite such a good source because that that's just kind of the biased one generation removed and clarity dead coming back to act as a little bit high i forgot how i get a point so you know you get appointed by statute the court will appoint you because there's abuse and neglect or the parents attorneys say we would like to guardian that live in and now uh... sometimes the judge wilke at that time gml put a lot of times and you'd probably find this to die and that's a lot of g_a_o_ work internees agree on who it is alan sarah play tennis with jail we agree if the court appointed and i i j et al each party and take one change from that party you know so you know there's a time limit but they say ad you know i just did not like their plate and i had her on my table are signed up by which in an emotionally find she's not sound like me can't i want to change ur and on the other side gets to pick the garden so what i did and i i'm interviewing everybody and one of my looking for when you got a static the statute says the general assembly has found it to be in the children's best interest that each child have frequent and meaningful contact with both parents and that it is best for children if parents can make decisions together about at this trial now that seems to make common sense it seems very simple and it seems like we could go into court you know you have to cancel update their child and we could just yet this is what about a day well it doesn't happen that way so many times and egg yes because of that we have jobs but um... we help people find a solution to the custody issues i gave you a handout which shows you may be three or four five different parenting plans parenting plans now i was talking to guest carol styles here and she said boy it seems so complicated have so many you know causes for this amount in the rules and regulations on a rock and that's what people fall back on if they can't agree and here's how we do this now even when it says here's how we do this of course not everybody a base not everybody does that mean i think i'll do it you have custody is divided into two big areas one is a legal constantly and one is physical custody and you will see on the plans that i could and at that it's outline like that and the physical custody is where does tommy dull this day of the week when it's time to go on the weekends what a single how are we going to split up the holidays how do we exchanged uh... how do we uh... tell each other if there's a change in plans how do we have telephone contact with them what do we do if we wanna take tommy out of town uh... things said you know i i've been doing this for quite awhile and i think maybe when i first started me eighty nine technically mom's got most of the custody and dead had every other weekend to maybe one night during the week and tight that has some really switched and what we see is that we tried to give kids as much contact with each parent as possible your balance that with how many exchanges can the child handle kids it define eggs do better um... like settling in for a long time is kids get older they want their school books in one place they wanna see it in with that one parent and and you know kind and nasa land and so then you may be due longer blocks of each parent when you get these little bitty guys they need they need frequent contact with each pair you know i i've had cases where at had a case worst uh... father filed saved for paternity before the baby was born email mom wasn't going to let him have anything to do with that katie sunau i've got a newborn that and trying to make a parenting plan where and uh... not ideal but sometimes when they're real little they just get used to going back and forth and didn't have you know the parents in the hall uh... parenting plans look different for different ages as i said with the little bitty ones with the babies we start we make sure that and i'm not i'm not meaning to send and nam anything and sexist sexist but typically infant's are with mom more than death i mean that's just how it is that's a label and we get there not dot you know this is how we do it well we wanna make sure that this baby is with that frequently dad passed it have the bond with the baby just as much as mom and because parents split up we still have to work on that as kids get older they can spend longer periods of time away from one parent or the other for three-year-old two days at a time away from mom or dad is okay may not be ok when they're six months all the you know they're it just forget uh... as they get older lot teens it's a can i just be week-to-week with my mom and dad i wanna be with my parents equally but i like to settle in and that's a that's a pretty good plan when you get sick at teens um... what i do week to week has to be i like a mid-week great to see the other parent because i still think that seven days is a long time to go without senior uh... what i tried to do is get parents what is it that works for you what are your work schedules you know i have one mom right now who's working four midnight shift she's got somebody who's in but she's letting her three-year-old kind of play during the day while she takes a nap and i had and they live ninety minutes apart and i'm trying to figure out how can i please this three-year-old so that he's with dad on the days that mom works and vice versa i'd like to minimize daycare and maximize uh... parental contact you bent then the other one is joint legal custody and that means who makes the decisions on issues such as education religion uh... medical um... that summer camps activities that sort of thing now what do we want we want parents to make decisions together minute that's a real easy want wide awake frequently have parents who can't agree on what day of the weakness sculptor you can do things like that let's get some help in here let's see if we can't get you with a counselor so that you all are talking productively nicely to each other and help you learn to make joint decisions it's not that difficult if you put aside your own issues the law says that judge must consider joint custody here she does not have to do it but has to consider and i'm not website if that parents can not to communicate and make joint decisions in his air for the court to get joint legal custody that's different than trying physical custody you can still have the kids with each parent fifty percent of the time but if you cannot work together you can't have joint legal custody if you go in there and and according to try out and say uh... i think i can and think we want you know once you all get out but i think we can do it won't work can't add joint legal custody said then the court will look at or kite you know i make a recommendation to the judge as to what i think's in the best interests and i handed one of these parenting plans and then i look at each parent and their factors which parent is most likely to include the other one even if you get to make the final decision which parent is going to get the input which one is more likely to shop the other person now which one has better decision making abilities for certain areas some children have special needs for instance it may be education is a deal you have a child at the learning disability which parent is more involved which parent can handle the information which parent will make a really good decisions for the child uh... when you look at kids need eat you look at that when you play some attacks sometimes physical needs make it difficult for one parent or not there sometime emotional news we get we get real challenges then when we come in with parents with special needs i call that maybe like alcohol and drug usage that their special need to have you have a certainly a relatively good percentage of people chemical dependency and alcohol that she's so then what do we do we have to make sure that child safe uh... if you have a parent is alcohol dependent are using chemicals we typically get supervised visits they're very supervisors there's somebody in the courthouse uh... they're paid supervisors who are forty dollars an hour and then there are maybe family and friends that you tried to go to to make sure that that child is sick you try and put in programs that a parent needs to do to make sure that they get themselves in to help them get themselves till level where they can better parent as it's been it's pretty hard to be child center land you are abusing alcohol using drugs we have parents with uh... emotional me that make it difficult to parent uh... you give a parent is in diagnostic and i'd had schizophrenic parents and uh... um... that that one is pretty tough in a lot of times yet medication issues uh... bipolar is on my diagnosis that i think we're seeing more and more in our society and that can be managed a lot of times um... people are not met compliant they don't do that treatment she got to make sure at the parents hands an emotional on disability already treating and are they on top in how can we monitor this we now have things like it's called the scrambling slit you put it behind on your own ankle and it measures alcohol and once the date you calling in and there get it gives a reading and they first started using network release program but it's just a really great for cases where a parent says i'm now sober and nobody it has a lot of faith in that um... and and it is great to be costs about i think it's about two hundred dollars to install at nine thirty dollars a day and then yeah it's expensive but you know i i just had a case where baghdad had been an alcoholic for a long time and i'm so glad to see you know a lot of treatment programs and comes to me in east and i a m i am sober and he had all that you know marks of being sober but i think gender stand where you seem to be excite doesn't trust that's you know that that's what happens i said hello let's get a scream bracelet and he said okay canton after four months we took that screen bracelet off nothing that's good for parents with a alcohol issues isn't interlock device yet to blow into it to start your car and dot than the report comes to me as the g_a_o_ it you know you can set up various people some of those opts for us um... you need to look when the court was making a decision and i'm making a recommendation i what i really look for child centered parents we hear all the time about parents rights i have the right to uh... to joint custody i have the right but i tried every frame for parents is you really don't have rights you have responsibilities watching had this child you have a responsibility your child has the right your child has a right to a relationship with both parents your child has a right to conflict free exchanges all the rights belong to your child and you have the responsibility to see that and sometimes out taken aback in and we can get ourselves back on track uh... once you get your divorce decree with custody advance connect talk to you probably look what you want to hear more about and that is how you go about this divorce you can come back later and modify it and when you modify it there's there's this little bus language that says circumstance it pet circumstances have changed in such a substantial and continuing nature to make the original two terms unreasonable so things have got to have changed in a major way so that it's not reasonable so you look at this parenting plan that i have maybe it was a time lan mom was working nights and dad have most of the custody now mom is a national working day time and it custody is is much different and she can have cassie and different times uh... another time a another case maybe we have a parent is chemically dependent id then finds themselves clean and sober for aguilera whatever it is that's different i need to come back into court when you have supervised visits you have to prove that stopped unsupervised might impair the child's emotional health people are put the mattress physically and then to come back of the uh... the parent test to prove that that circumstances no longer exists they have rehabilitated themselves whatever caused it to be at that level and that's sponsor provides does not warrant kids in court my opinion is kids should not be in court uh... it is it is not a nice place for adults to be for police say it's not really bad idea to bring children and what that does kids are not in charge they did not get to decide where they lived that's another thing a lot of people think that when there are certain age up fourteen fifteen sixteen they get to decide custody and they don't and the recent i think is two-fold one it puts a child in the middle it makes the kid to the bad guy to say i wanna live five days with ag mom and two days of death they have to kurt somebody's feelings and the second reason is if you turn over that kind of power to a child opened the door what is more important and that child should be able to tell you what their curfew is who they're going to see how when they're going to drive that car these are adult decisions you need to listen to children unita to figure out what is going on why are they saying this is warm comfortable this is what i want to do but they are in charge it is seldom that i'd get information from children that i can't figure out by the adults talking enough power and and the adults i'm talking about mom and dad and the teachers and doctors and that sort of thing um... they can verifying information for me uh... for the most part b do not deserve to be dragged into court and on when a parent does that usually comes back to haunt them now because it's not child centered to make it to be to go through it there are exceptions so i'm not telling you that the child never testifies i mean they're are sometimes uh... and we'd we can protect children a little bit uh... when they come in to testify we can ask that the parents please and that is sometimes helpful but parents get the information they're entitled to that they have a right to the information and testimony was percents of the child isn't that insulated uh... she may be insulated from facing mom or dad right there but when they go home that's mama gets going you know what happened uh... i don't know if you have any questions now on custody and then and then i'll stop get yours white erie uh... i get transport those until they are twenty-one and so if you what we do custody uh... overdoing physical custody uh... i've done it for college kids the reality is by a habitat child in college the plan isn't gonna look anything like this it's probably just going to be as the parents of children agree kids go back and forth but uh... you know if you have i don't know that i had an original divorced where parents fight over eighteen and nineteen-year-old on the physical custody after high school they will find child support so usually i just did a planet it it's between the parent in the trial uh... would you officer or moderator maybe read that period known or court bloomsburg that question is an officer court and i moderate it's a very good question i am and arm of the court that spot comsats that i a neutral and unbiased in on the court and the reality is that most lender will well has been an and this ross is in the courthouse the reality is must check just listen to the g_a_o_ and what the g_a_o_ recommends is usually what goes on because diam a neutral party and i have seen both sides and what happens is the judge gets just you know i get kind of a snapshot of people's lives the judge gets the negatives and also on that and no more and have some of the nuances i am not a mediator to be a mediator you have to have specialized training and it it takes a while but effect i think moderate probably a very good work i've tried to get parents to come to a metal it may not be what each one wants individually but it's most times it's better for a child if we can agree on something rather than we fight this out because parents get so angry when mr t one reason publicly it goes down the track but right now at here can we give their here can we get there unite and to some of that but not inline in court i'm just another lawyer so you know i cross-examine i call witnesses i have my exhibits and that sort of thing correct maybe view place the belt well unfortunately a lot of times nobody's paying that bill he owned homes up added hot mama and dad are ordered to pay my feats and don it's an interesting it's an interesting thing because we end up making less money than uh... attorneys for parents and that there's several reasons and one as if i'm an attorney for our parents and you aren't honoring your contract with me in agreement i'd get out i am drafted and you know i'm serving my country admirably through start to stop with that case regardless of whether i dot net n_ e_ in the end i will get a judgment against uh... mama debtor usually bo and then i can collect on that from uh... realestate pinsky's make cars i can garnish wages and you know what i tell parents and they come in as i'd i'd need to make a living i have children of my own but what i really think would be smart is for you to save your money and use it on your own children and that means yell and dad are you and mom have to agree that if you can't i'm here and i'm going to make money 'cause everytime i do something it costs you andrew mcveigh's please it was uh... ground thank you and recently was there with the wind and nobody friend hoover but recording inside allentown was the one really well one of the ones sticking with him this gentleman is asking that oftentimes any it looks like cancer coaching the child to say this at that time you get visual twice um... the answer is is possibly if you are talking about apparent maybe just sets up recorder and you know that uh... the child doesn't know um... maybe a it's how you get that evidence and i can't can't say exactly if you're talking about maybe a psychologist in arguing that child you know you probably have a psychologist an a here is one thing that that uh... hopefully none of you were ever in the situation but i just bring it up land telephone conversations being recorded one party has to consent to the record so if i call you aiken records that you don't have to not because i consented anytime from now emissary yet don't go into illinois and do this you have big old problem say nothing of texas it if you have enough my child is on the phone with you i may not record that and not let you now he can't record your and it did they telephone conversations between maman child recorded and lasts mom knows they're being recorded and it's amazing what times i get people to communicate via email because it its first of all i tell him you have the ability to sit back before you hit that send button and to moderate what you say i a m and it's amazing to me what people will say and they know it's going to me can and it's going to go into the court officially but it gives me a and uh... real idea of what a parent is like escaped i again bob to begin with if in the uh... the petition for divorce attorney and we'll talk about they say that mom has abused and neglected if they used to be the one of those words automatically get one but what happens is not save time attorneys would just say i would like they they make a motion for a g_a_o_ and over the years that i've done this i have seen that and cases like leslie is going to be an issue the attorneys usually just want to g_a_o_ and uh... i think sometimes its keys your to deflect off to me uh... what i'm doing what what is happening with custody you know i think most attorneys are pretty good about this and it's just it's a better way i am a neutral person and i'll i'd anup i'm not on mom's side and not on bedside i'm just on the child side and f_m_ attorney for our parents i don't really see the other side it's gotten a climate that my bias managerial estate both of them and enough signal on sunday but the rocks you know i see the good in the ban holidays are real tough time for g_m_ you know it is easter will send us over the hatch analysis eight o'clock at eight thirty you know deciding those who's telling about these japan it's just a mass yes ma'am this statute but i i think the statute says that even our at gmail are passive can be appointed and in uh... that classes are members of the canteen you take training and they repair our advocates for children court appointed special aptitudes and the saint louis county we do not have passes representing any kids in hand divorces user attorney cases even in the juvenile court when kids are charged her kids are the subject of it used to neglect you may have a class act but you also have a ta out for the child think in the city of saint louis down in juvenile court they sometimes have casa and not the g_a_o_ an addict i don't know that suspect customer practice and what i did step in juvenile court i'll loved having at casa on my case because it uh... it got some extra attention for that child and could really busy again because that customer have them on uh... idon't i don't think i i want uh... apostle worker being the legal representative because i think it's not a fair playing field if mom and dad have attorneys i mean it's it's just hard when you don't know a lot hard to get in there and and do that same stuff versus here you go justice using richard you're field whatever this generates enough we have a parent is not following the parenting plan what can you do what can you go back into court model courted their couple of different vehicles that you can use call the family access motion as the easiest saying for a parent to do and you can go and and on your own violent and it says that you have been denied your custody rights and you passport compensatory time uh... you can ask for counsel and you know you can ask for different exchanges uh... there are some time frames that that has to be hurt and it's a relatively quick one i think it's within sixty days you know nikchris is the quickest way i think it's like within sixty days now what happens when you do that you know if you go and because one day has been messed you know if it's not gonna happen if it's a pattern then you can get some make-up time when you have a parent who is routinely disregard it and probably there are two vehicles there that would be a motion for contempt because they have failed to follow this court order and the uh... you can somebody from inching up for that ants on the testing that you've thrown in jail for that and get finds you can get sometimes it's just i'll behave now you know you get somebody behaving and the other one is a motion for act to modify their the terms the original decree if u and i see this frequently what a parent was fairly content to have every other weekend and wednesday night until the parents started messing with that and they don't get it and then that parent says i want full custody i'm never going to have my child if i don't have for custody what what is the core of the court looks at what appeared to be is fooling around with this in tonight visitation that's pretty serious but that when you get into yes because she's doing as he's doing that you know it gets pretty dirty but it is serious you're supposed to follow that and all the parenting plan for the sake custody is that as is as the parents agree but if they don't agree here's where we go sometimes it's hard to of course of the police because you have to backtrack alternate weekends well this decree was an art and uh... april up two thousand and five and we are now hearing april of two thousand and not whose weekend as that you get that counter offer of two thousand five implanted and and plug in the holidays and how that switch anymore anatomy tennis over to diane this is what yes does anyone see not by much uh... as a g_a_o_ my called in on paternity cases and yes i am and and probably my most difficult one right now is where mom and dad were just dating in san francisco and then the mom gets pregnant they met on the internet they hadn't dated very much mom says today that i want to take your profile off okay and we're going to cut parent ok here's the furniture i want you to buy so it's the same ok both wildly successful you know making that's making a million months making five hundred thousand bennett about when mom is maybe seven months pregnant dad makes a clear we are gonna be a up family we woke up para mom says don't like this when the baby was two months old in the middle of the night she moved to saint louis didn't tell him told them i'm busy he can't come over today and she transferred her job here it because at a company answered now i've got this little baby louis shuttling back and forth from san francisco to hear and mom certainly it you know with with little babies i said before uh... mothers will have the up our hands for a little while but not always imminent if her decision certainly were not faced with a child in mind and she's enough continues to do that so but that now this little guy who's gonna have to shuttle himself back and forth for the rest of his life at one last time um... demanded called testify alcohol abuse you can dot u_k_ i made a motion in court for outlook for alcohol test and sometimes i will do i just had one today as i was driving down here i called my office and left a message i had the ability to ask this monte ted uh... uh... urine test and not necessary self was enough called this person tomorrow and time to go take a test are sometimes into the plant site built-in i'd build and run tests but more a lot of its hair follicle which will go back ninety days on sometimes it's a combination of hair follicle and your urine picks up the media use hair follicle takes repeated and long-term use ok not look yeah yet you just can't go in and say high-fat but you know a lot of times the loma isn't that high i mean if i have reason to believe out the court of probably air on the side of granting okay my name is doing in my hand and i share office space with there were no partners and actually we first met probably about twelve years ago when we were opposing counsel she represented i represented mom both hidden midnight biographer and so that that worked out well because i'm going to go into the divorce aspect i'm going to be pretty general and pretty much reserve that you know for questions but i'll go through the process first of all somebody has to file for divorce in order to get divorced or somebody has to fill capacity to get custody and so however it is mom or dad or has been a wife you go down to the courthouse hopefully actually retained a lawyer because that's probably and most efficient way to do it uh... file your papers within his very generic pleading you indicate uh... things that give the court jurisdiction order venue for example i live in the city and my husband was in the county i wanna filed for divorce i could pretty much pick two i wanna around saint louis county or san luis it is going to be where one of the parties resides if i have children and high have moved in from another state the court cannot determine jurisdiction irritate jurisdiction for custody purposes unless there's children have been within the state of missouri for six months so when you have somebody running from one state to another there's a at there's a benchmark period of time that those kids actually have to reside there before the state of user can take jurisdictions also within does up played in chicago in one indicate what you want for custody and why uh... when you married just really engineered things you cannot and this is also flooding your violence you cannot be pregnant and granted divorce why you were pregnant so if you are you have to indicating somewhere under oath that you are not pregnant if in fact you are and this comes out while the proceedings are going on the court will delay the divorce until you've heard because you have to make a determination as to who the parent is over the father is and if the child uh... basically when she filed your application that's when you get assigned whoever the judge may be and this is probably a very critical aspect which is why you should probably have an attorney filing for you because it's stamped in its supposed to be removed and arena must sign and and whoever is stamped on there is going to be your jets and you have just appear at a time where if you don't want that judging your case you can disqualify that jet there's certain innocent things like you can't have any hearings in front of him first and then decide you don't like them but there's a period of time and if you don't take advantage of it in a period of time you lose the opportunity so i so that's like the first most important thing to happen is the sting opinion of your petition and there's a period of time out where you try to get the other side served and they have thirty days to cancer divorce takes a long time six months on the shorthand and year or more on the pepper and and there are basically five components in a divorce number one being passive and which sorry discussed here's also child support that goes along with that custody maintenance property and activision and then attorney's fees uniontown basically as far as drastic as depending on how the custody turns out who will be getting child support is a very simple form fourteen that the courts fill out based on everybody's gross incomes and then there are things factored in such as child care expenses haha insurance costs and then you should you actually literally pick off the back of the chart the number come on for the amount of children got i've got a sample of one half year you know you can look at it and yours traded on the bottom for visitation so if one-person is paying the child support to the other then they get a credit for the numbers of overnights are amount of time they spend with the trial it's pretty black and white although they are there are some issues if you're self-employed for example or if you've got to get a lot of commission were when they make average your income over a period time it's really up to the judge to determine what number is going to go up in careers income one the way they're gonna get the information cut your financials is when your first filing a petition are you also have to file a statement have income and expenses and a statement of property which is a real pain in the neck but you have to fill out all of your monthly expenses for everything recreation food clothing healthcare insurance house payments car payments everything you can possibly think that goes on there uh... your uh... the property that you call your house is your car's your bank accounts and trust account well then informations filed in the public or file employer for divorce maybe not on the custody 'cause those are pretty much close files uh... right paternity or into custody um... when i said you know your jernej it's really critical because that judge is going to be the one making the decision on all those factors that we talked about intends for eggs in the fall if it gets to the point of maintenance you may go into one judging your gonna say arnelle naked and anything you know give it up that's that's why you have to know your case in your judgment at the beginning uh... other judges have ten-year benchmark you have to be married for ten years for example this is not written in stone this is not in the city okay that the judge makes the determination based on many many factors but many of these judges had their own rules so some may say you know what your ability to earn much earnings history uh... in typically if you don't come to a settlement on that which most cases do by the way but if you don't come to a settlement on the maintenance and no it is typically entered as an indefinite period of time and that leaves incumbent upon the parties to come back and get this changed in the future the reason that it's written that way is because the judge really would have difficulty saying i believe in five years mom is going to be capable of earning enough money to meet her reasonable means he's there now where she's got to know that that's gonna happen order to enter maintenance order that hasn't engaged to it unless it's by agreement campaign and then use a little while retaining body warm settlement you know if i was getting maintenance in is open-ended why would i want to set up well sometimes that um... you know that made this amount might be small and the other side says will walk out may not be set up a little but i'll cut it off after four years at main really be work that you saw on the ground in that respect the other thing that the judge is going to determine is the property and get distribution and more and more the courts are going to fifty-fifty i mean everybody wants to come in and tell me how their husband was sleeping with five different people and then of course i find out from union dad's attorney that mom only stop before a packed now you know there's all kinds of stuff going back and forth you know he was there today was lazy in milan and really what it boils down to is it's gonna be splitting hairs unless there's some agree just behavior and yes having an affair is probably agree just but not quite agrees assunto it's usually gotta be somebody who maybe if he's got a girlfriend he's just seven hundred and spending your money on that one and and in great amassed that would be a consideration rather shift might be two fifty five forty five for example or we have domestic violence or we have somebody who is totally gambling away marrow assets hard-drinking away marital assets uh... a really bad drug addicts something like that might crush the number are over but i can tell you that it doesn't happen that often and it also depends on the particular jets percentage is out there that pretty much ok everything right down the middle no matter what that also factors in with the maintenance because depending on where you ship those deaths um... you know they mate may give you a higher number of maintenance if you're going to be taking out external debt maintenance itself is based on just that your reasonable means what do i have to pay off with this money how much can i can't really out of my kind of money uh... before getting contribution from the other steps the other spots not only will be paying you maintenance based on your special needs or your reason on these excuse me but also whether or not that person to meet his or her own reasonable needs first and then whatever's left everett if you know if yours is not fair to go toward two bcb talents passes reason on these it will definitely tell over to the every students pass with regard to the attorneys fees that to is getting more and more away from hate he's going to cover all my attorney's fees of though the court does consider basically who is that fault here and happens that word you know groveling peoples it's hard to just say the fault of lies on one person who's had the worst behavior who has more money in some cases we have a spouse abuse unemployed not because they don't feel like working but because that was agreed to by the parties all along and therefore they don't have the cash reserves to kate attorney's fees set of court and fact order just based on financial reasons that the other side hate attorney's fees and gardens as well um... in and basically that's in a nutshell as far as divorce from beginning to end you can come back and modify again you have to show just what sarah said change of circumstances that goes for money for more child support for more maintenance or less maintenance if i'm paying u_s_ as in dollars a month and suddenly this fish to add that i had is no longer there and economies really bad and i really can't uh... into another job that would be the same or nearly the same to court does considered downward uh... motions motions to take the maintenance downwards sap support is pretty black and white but again if you're if your income has changed and and it's not just because you've decided you're gonna quit because you don't want to pay child support anymore they definitely will consider that but its gotta b continuing change of circumstances for example if you're just gonna have a reduced income for a couple months not only is it not working paying an attorney unit to pay an attorney to going to try to get it seems that the court second change it anyway but the biggest factor and all others if there are kids cuts that he's the number one priority to the court's an everything kind of built spa for that maintenance child-support even the property who gets to stay in the house who has to move on but don't be fooled when you hear somebody say for example ourselves so that perhaps you know it is used you're thinking in your mind that well you get these big asset they get to keep it just picture your mind a copy two columns isn't harris and it's going down sets up that house has it map equity uh... fifty thousand and you get the house version two thousand the other person is going to get fifty thousand somewhere else and that's how they do the debts everything pretty much is going to end up being the same number bottom line when i say it split fifty fifty and me i don't need necessarily sell the house and split the proceeds but that the total assets and debts pride and divided up fifty fifty than they have any questions you mentioned that written reluctance breaks up lineup i'm feelin gi on active duty personnel brought d reciprocate you-know-what it really depends on what they see me there's actually see only center said specifically for active duty personnel and that is actually something you have to put your petition that you'll feel are are not a member of the armed forces and really a lot of people will submit themselves to the court just to get paid you know divorced overweight and and you know work out something or whatever or even have a hearing signal to the hearing but um... um... but you get into issues about resonance and that's one big thing residents you know how are you concerned somebody and have him come to court repeatedly month they have two months for a year you can't do it so a lot of times it's just put on hold you know i really think that case by case situation simply yes ones dot intrigued it would probably depends and this gets a little more complicated whether it was a corporation verses uh... so proprietorship because the reality is and i guess you can do it and corporation to the if yourself or prior pretty much that money that is the company museum i mean it's you're taxed on immediately so you're kind of pain the debts from william aramony and you're also taking that money straight amusing probably depends on how it's structure you know that's what i would say if it's tied up with the assets are big business ill be combines so for example my office has hardly any assets but mine fax machine and all that kinda sucks it allows for all those different things i would presume that we've considered the value of the business itself and that would go sem and and also when we're talking about maintenance in the division of property in debt you know there's a there's a difference between receiving a piece of property and he seemed income producing properties so that is also considered manager dividing it and more and they are saying means because uh... for example a if i'm going to receive income producing properties and i'm asking for maintenance the judge is going to consider how much and i'll be able to use and of that asset to support myself natural liquidate in asset the judge doesn't consider that but the income that was produced by the outside so that would be ten business repeated whereas ourselves outside idaho on him required for treatment and or wall air there he would get paid media do you know of the productivity marge appropriate berkeley jerry uh... actually most cases in general probably settle you know you stay out of court but it's still ends up being in the court file with the court order had want to come on as well and most of those cases almost all of those uh... we work something out but worth it domestic i would say ninety percent unit i don't common but now that there are people who go to to me and analysts are and they have to put it into the court system panel i don't know that we know anderson's and i have sent out i would say at least one percent of worst cases end up selling in there brian the attorney settling the party in being involved or mediation and i can tell you from a personal perspective as an attorney you know i hate mediation cases and the reason and that what do you want to get along but the reason is they return it's ok the mediators are attorneys they can and they're gonna charge them however much per hour then they call me on the phone they say you file for my divorce we've got it all worked out and that i want you know what at the agreement and tell me if it's gonna i don't know if it's going on if i don't have or the information that i would normally get with a case so it's like you're getting double or triple built although you know if that works for you that's fine i just i have a difficulty taking those kinds of cases myself because i end up doing the same amount of work in my client expects a shouldn't but you know to protect myself and my climbing i'm obligated to do you make sure that it is a fair their asylum or at least another person commands of it on-site are now here and i believe that and had to do that now as a matter of fact i and somebody that tell me that they want that they suspected two children to be people onto her husband with two different women she wanted to opened eternity cases on them i said i'm sorry but really you don't have the right to do that that's between him and these are the women if in fact there are his children but no i did not just where they want to believe me it will come out if anybody was okay one year we gave them here yes you can as a matter of havier uh... i would say a few and i have i've had those kinds of cases where people come to me and say my husband and i have to get it all out we just need and right away when they say we just need an attorney one attorney can only represent one person in other words i can go to represent husband and wife that's conflict because who's going to start with when i said hey this doesn't look right so um... they'll come to me and say are in a moment somebody'll come yet say would you please by all those who haven't figured out and i'll tell them that somehow also pretty much warned them that chances are a secondary smoke smoothly as they think it will and just let them know that it may all fall apart and i would say most of those cases do fall apart because somebody decides that one a little more offering to give a lesson in somebody over here a legal separation basically is getting to the point of divorce but not taking that final step and what the parties do is they actually work out for the core workout or they have a hearing either one and they have all these details in this his legal separation custody c-terminus house or maintenance properties divided attorneys fees are assigned the differences that after a period of time and i'm thinking it's like sixty days in the days i can't remember off the top of my head either party can come back and say okay i want this to be a divorced they file a motion to convert it to a divorce and it's pretty difficult to stop that from happening some people do that one because of religious reasons to because they feel like there's a potential that the other spouses can straighten up in a period time and then get back together the third reason which actually was a bigger reason a few years ago was to if he had a six basta keep them on health insurance but the companies now have court on tibet and if you're legally separated what are you saying that allow you to remain on health insurance because a lot of people were doing that with your incapacitated spouses tacitly check in the legal separation usse marriage is not to be irretrievably in the divorce petitions say is territory pansat you get on the same things u dot on your property testing everything you condemn converted later at anytime betty it's not used very often anymore i've done a few nominee okay you know that uh... sixty to ninety days believes that raises a host of that that there's more is that there's a minimum whatever it is there's a minimum time academia so free months so what's your cell noblecorp uh... well you might get their separate incision and uses pastel read desperate but i don't have any common law anything iraq haha our marriage here we now have at program don't have to bless that ready to get divorced honduras and you do not have to be into different homophobia at least there the worst he'd mystery but the f_b_i_ but you don't need to do it i guess that that they had you don't need to file for legal separation to me to get a divorce to dispel street for divorce and you don't have to be separated to file for divorce is that you might get into your gentle because there are some judges that well in fact dismiss your case if you're a man living in the same household and those are really difficult cases regarding cuba thin immediate divorce tee time as some people are saying it still sleeping in the same that and on time that's every difficult case for recording down your watching many law school coming up next the along discusses introductions of bankruptcy monitor the around on as a trial attorney quickly united states for speaker ran for the u_s_ department of justice jesus processes united states attorney eastern district very graduate of saint louis university and two thousand acres that paperwork you can't come soon is a word of the tracks drives property the for and invocations of great britain the model wordpress bankruptcy practice memorial fund not just for a statement welcome without and i speak loudly enough i don't know them in the microphone that anybody can hear me just let me know and thrilled to be here tonight and here on my own behalf although i have to say i have a terrific job or one for one of the best employers in the world the u_s_ government and i have of one of the best law firms the united states department of justice and what we do invalid unit that i work for is bankruptcy law bankruptcy laws is in minutes who has not been reading articles are hearing something about recent changes are companies filing bankruptcy or something and it's just very current but it's also a very old let's just start with the constitution of the united states and philadelphia passages convention our core competence decided the dot org showed it and could make uniform bankruptcy laws that's old bankruptcy has been around and actually started in england a long time ago uh... in that fourteen june fifteenth century but if you want it was only available for traders if you had a business and your business was uh... not successful you could buy look state in united states they decided to expand at to include banker as brokered underwriter as does any of that sound familiar to anybody now that's right at eighteen hundred it's like it that bankruptcy law could be kept all plus regular folks as well so we have uniform bankruptcy laws in the united states and it is a federal law i know that uh... just bought was here talking to you about the master reports of some and the court system in general as you know there are two federal laws and our state laws bankruptcy judges are federal judges and therefore i cure in bankruptcy court medical team courthouse that you will see is the big new courthouse downtown bankruptcy happens and i have to tell you when i card that i was following uh... divorce law divorced bankruptcy in this i thought was the most depressing hai and look at this special and it's not my criminal law something on comedy central workers comp any of the areas of lot actually want is a very emotional time in many people's lives you don't file bankruptcy without having some most people don't file bankruptcy without having some tragedy in her life which can include medical problems loss of job ordered even back to those people who originally were up there originally were the ones we focused bankruptcy for businesspeople loss of business week are nation entrepreneurs where headed by people who wanted to come here to make a fresh start and still that happens today well when you are not to burn or sometimes my thing for people named carnegie maybe rockefeller sometimes gets worked out great sometimes not-so-good bankruptcy law is there for those times in your life or when your business opportunities have not been as successful as you might find and it's promised on concept on it fresh start summer well up fresh stopped how depressed or long time ago you could move it moved to another country did move to another part of the country that's not working so good with the internet your creditors can find you so what you want to do now if you want to look at the possibility of discharging your debts and that discharge undercut your obligations is wide people file bankruptcy efi ultimate and game is to get a discharge of your current obligations we'll talk a little bit more about that ralph the next try to make it a half-an-hour but there is a lot to cover in bankruptcy make that time for questions the other thing is it happens to people who don't pay their bills you get calls and donning letters and credit pot the credit card company calls and try to collect the debt bankruptcy stops that because you're going to eventually get it discharge is successful bank from your obligations the reason why people file bankruptcy is to get that discharge to stop the collection of debt so you might have just charge i don't know about you but that sounds like a pretty good thing to me out notes no i think that's not a bad thing in there but the cost s costed fault disclosure because what you have to tell you but i think i think that's boats everything you alone and everybody you owe money to transparency because whether the benefit society imposes a heavy penalty your disclosure and bankruptcy is conduct family of perjury and when did say he was explaining what i do see indicated and special assistant u_s_ attorney times cases criminally prosecute people things that happen in bankruptcy cases yes area where some people dot point pat make a full disclosure so when you file bankruptcy filed petitions automatically those calls have to stop giveth like an injunction automatically they can send you any more letters to try to collect that debt within a few days at the front to back up so you have to disclose all your real estate all your personal property include everybody cap the cash in your pocket the bell you uh... any uh... card that you might know the value of your jewelry any sign those schedules of your assets under penalty of perjury when you do that we're gonna talk about the fact that your creditors received notice that your bankruptcy and they have the right to come and an examined whether they're possibly are other assets u now that you have disclosed in my experience some people like to keep their motorcycles some people like to keep their diamond earrings and that can lead to prosecution under federal law and of time in jail so when you file bankruptcy chinese police causing instead of the penalty of perjury you also say everybody of oman you have security applications like your house and car that you might of money to a bank here and secured obligations generally your credit card debts now you're gonna discharge just about everything who can't think of something that might not have discharged in bankruptcy student loans absolutely texas because who wrote the was but so you certainly can't describe discharge your taxes you generally discharge your child support obligations your student loans talk about that and that that's very good you can actually distracted at on your house if you don't live there if you want your house there's no way you can keep it what do you think something out of my eye myself well stratton it is not in your name but you might still be are okay if you run a business and you have the business as a self-employed nisa sole proprietorship then the assets that's all friendship do come into the bankruptcy if you have a corporation the value of the corporation comes into the bankruptcy and has to be disclosed but another kind of debt that's not discharged is a debt that you might have incurred as a result of fraud well-planned lisa's contact i think the people say hello i don't think that such a good idea to get into direct you product know what you went into bankruptcy court discharge the application different kinds of bankruptcy amit quickly run through a chapter seven kinda picked bankruptcy it's a straight bankruptcy it's liquidation so what happens in chapter seven bankruptcy demand you file your petition disclosure assets you start your liabilities trustees appointed to your case and that trustee as opposed to the salmon and see if you really do it now motorcycle that doesn't have an obligation on it but many the credit the trustee cancel so nice hardly for maybe ten fifteen thousand dollars and distribute that money to your creditors program secret is headed opportunity to recover money if you have assets in a chapter seven bankers i would oppose a little longer on a chapter thirteen that chapter seven bankruptcy incumbent you disclose your assets are examined by a trustee and within sixty days not actually about ninety days after you find out you theoretically could get your discharge it's very quick so the chapter seven is that correct there's another kind of bankruptcy fuhrman is a little more lately chapter thirteen bankruptcy used to be called the waiter the difference between them fast discharge chapter seven andy a color slow discharge of chapter teams if you want to keep your house and the lady in front said isn't no can i get rid of the house and are the death of my house to get rid of it now if you want to do that where to go through actually indexing ample and i think it might put this into perspective out four hundred twenty thousand dollars catholics work because i and all that realistically really expert on the pad pot but you know i had a little time when i didn't have it uh... invite so right maybe i wanted to fix up the kitchen and so i borrow extra money at maybe a house actually idle hoc he kept now mailman nineteen thousand i'll go to the first bank cannot that first bank only secure because the amount that i i hope to their first bag of a hundred thousand dollars than what the house is more i need to fix up my kitchen i borrowed extra uh... fifty thousand dollars cat easy money is out of fifty thousand dollars uh... easy money clank security and some of its home security but i want to keep my house in a chapter thirteen kind of bankruptcy i have to pay both thanks back the amount that i call them if i'd be high say for example of always kept coming down to two five frank any came invite injecting their two nd bankruptcy i can repay battery ridge sam six months behind on my husband to using i can repay that six months notary ridge overtime injected and that's why people who want to keep their house even if they're being foreclosed on will file bankruptcy because that chapter thirteen bankruptcy can go untangling thirty cents sixteen times and that's the purina time opening which you can repay battery rich plots you pay more money generally you look at what your income is and what your expenses are you final plan with the court that says i've got to repay my six month arrears to easy money overtime and then a pain additional two hundred dollars a month to got all my other creditors at the end of the thirty six to sixty months plant then you get your discharge why do you want to do that went to the people's behind your car another secure obligation saying thank change the figures ends uh... if cars could be worth less money it three cents talk about uh... cram down of mortgages in a bankruptcy we have to change our example a little bit and or right there let's make ass hundred twenty thousand and let's make this in a bankruptcy case objected thirteen you can modify the outright to the secured creditor you have to repay them one hundred percent on your residents and that's what they're trying to change the law so that you can uh... modify the rights this holder of the second do you trust thing my house isn't worth anything at this guy easy money is on sister my house is on one hundred twenty every l i didn't want using money izzo thirty thousand easy money isn't unsecured creditor or into bankruptcy law you still have to pay kisi money ever secured creditor what they want to do is change the law uh... suggestions potentially change the law so that easy money would not be k example it perfect up because um... of a little collection the law acknowledge as com privately if easy money is completely on security you can modify that mortgage psychology is my she looked at my notes my numbers are a little off wishes and or one because they see my style the un security they can be modified but the first bank evoked a hundred and thirty thousand the house is only one hundred wanting you still have to repay behold okay that it is a bit confused about that will be the confusion let me go over again the suggestion to change the law is so that you can change the amount of u_-boats here ans secured creditor your back to be equal to the amount of the value on your house house only workplace plate but dollars parking him so you can only have to pay your bank under twenty even though you over the bank under there because your house is going down in value that was not a certain things that happen very often isn't saint louis until the last couple years most people's value didn't go down a rather went up so they want to change the law to allowed you to only repaid smaller mouse to get mortgage company now an important component of chapter thirteen is there are certain kinds of death you can stretch out over time taxes they aren't discharge of all the chapter seven kind of bankruptcy but didn't check to thirteen where you have a plan that covers thirty six to sixty months you can stretch out your taxes deal five thousand dollars in taxes generally you can stretch out your payment in a chapter thirteen that's what people want a file chapter thirteen now comp went on for a minute about chapter eleven chapter eleven is generally for businesses and beat concept is too allow the business to stay in business and come up with a plane down to repay creditors employees can keep their job and the people who own shares inventor company can't keep possibly their value in that company depending on the circumstances chapter eleven can also resulted in though importantly liquidation of intensity victor if that changed her story it unsecured debt wealthy unsecured debt and in a chapter thirteen what would happen is you would pay like you to pay all your credit card debt because they even though he had a lien on your house arguably it would have to file a motion and the most of the lawsuit in the bankruptcy and say that that twenty thousand dollars was no longer secure debt it declared unsecured debt by bringing value to your bills uh... evidence of value of your request so if the law is not changed you still have to a that twenty thousand dollars mortgage just like it is today you know say for example you road forty thousand dollars to your work to barry's credit card companies the two hundred dollars a month time sixty is once they have them out he's not going to happen to emphasize it primate okay well reviewed the questions questionnaire if you're paying the two hundred dollars a month what happens if this twenty thousand dollars goes away the answer is at two hundred dollars per month for the thirty-six are sixteen months goes to pay all your unsecured creditors and the rest of the amout is discharged so that if you have forty thousand dollars with a credit card debt and under chapter thirteen plan which is approved your pager unsecured creditors two hundred dollars a month forget for managing to keep current on this and you're gonna hey you're a rich over the thirty six months that two hundred dollars as for unsecured creditors and when he finished paying that off the rest of your debts are discharged there if you want it's it's actually more complicated than that um... there's a uh... a priority of who you pay first taxes are paper-thin arrearages on your home is paid uh... in advance generally much of your unsecured debt might be discharged chipped thirteen bankruptcy chapter thirteen bankruptcy you you'd be the creditors user interest interest adults interested on your credit card kind of debt yet from the young lady song the amount yuko on that date you final is what you've got yes in the back that's a very good question and i'll repeat it company he receives from theories from what he receives a pension is going to work after i'm kind of bankruptcy right now what happens to his pension there's not an easy answer on that there are many chapter eleven bankruptcy is that your pension is not affected and without knowing what the circumstances that it's not appropriate for me comment on it generally the pension is completely separate legal entity and would not be uh... build ongoing pension may not be modified but it depends on what happens in the chapter eleven per se until the judge i have a motion in front of him your it likely would continue to receive your pension i don't know what your pensions fully funded or what the circumstances with regard to your pension alaskan happened chapter eleven bankruptcy so there are a lot of circumstances and they're a lot of people in your same circumstance and short sometimes the uh... people who are receiving consent can get together can help op committee uh... informal committee so that you don't have to hire a lawyer on your own and that sometimes is the best thing for people who are receiving a pen pension in bankruptcy brisbane but a second mortgage had been home equity loan bd removed it bugged so that uh... would with them did dozens of what uh... it's funny because that used to be the circumstance uh... prior to the change the law in two thousand five so some people are saying you go back to blair how it was before but the policy decision not mine to decide uh... amoco cover couple of other things before we just stop and take more questions again with regard to criminal off what's illegal not disclosing this stuff filing a false proof of claim i decided that i wanted money from the debtor who recently moved to file bankruptcy and i thought of false proof of claim i could be indicted because it against against are a lot to file a false claim the bankruptcy court but more likely people are being indicted regularly for failing to disclose their assets failing to disclose things they want to keep because they didn't want to except the burden that comes with the benefit a filing bankruptcy yes sir in the back how many times jeff infy once every eight years their art companies that have filed chapter eleven a number of different times corporation com is going to when they come out of bankruptcy st parent company filed for bankruptcy uh... in two thousand five hundred anecdote out of a bankruptcy in two thousand six minutes corporation their circumstances may have changed and they may file bankruptcy again in two thousand not and they may have a successful reorganization again in two thousand online and they are art bankruptcies were predators of eight hundred cents on the dollar in the chapter eleven world chapter thirteen you can only get a discharge every six years question front and well a company that you know and right now i'll see how often can you filed bankruptcy for them if you've got a file chapter seven kind of bankruptcy if the company goes completely out of business it doesn't exist anymore and you can't refinancing business individual file every eight years ago individual can get a discharge every here's that second over was a market okay so the question it's a worst hartwick okay amazing nokia sees my subject of a lot of stuff we had a big the polly okay because campaign again and again visa with anything should be greg interactive very cursory standard exhibit networking may be wrong we gave you so if they're ok uh... i don't know that there's a question i think there's a time and distance sometimes this kisi money propagation was encourage as a result have wrongdoing by the lender yet so i think that the comment was that that might be a reason why i'm gonna change the law i think it's a policy decision uh... that that definitely a it's a bill before congress in the back syndrome one and aspect of bankruptcy law but i think what you're saying is what effed up log with regard to that someone who is committed loan fraud with the federal institution and it clearly our federal laws credit uh... criminalize against filing false lower preparing false loan applications people prosecuted for mortgage for a on both sides of the transaction all the time i think there was an announcement today um... that there was a a mortgage fraud consciously that was being indicted on and that there was something in the news at the early in the syllables onto the transaction there are lots that were quieter uh... full disclosure arizona truth in lending loss we turn now to a specialist on that but i'd also there are many people and i think they yet there are people who filed called no document well mst people who file bankruptcy having and that obligation and didn't have to provide any documents but they multiplied burying so they may have received at bom bom for house that they've really couldn't have afforded they have disposed of full up the actual now that page uh... earns and if they had disclosed the full amount of uh... their credit card applications because they didn't disclose everything they got locked qualified for a lot of a significantly more that made what had they made their full disclosures so there's some fraud sometimes on either side of the deal uh... that now the question of proper respect okay aboard the beleaguered minders picking up the ladder here today in terms of them mhm and kidnapping won't burn curtain just another editorial comment that there should be punishment for uh... people who will go ahead to develop a system of no document love in the back some i guess to establish that the other day she was the result of fraud in a separate expels many losses into bankruptcy uh... taxes yeah gemstone you absolutely and you have to consult with your bankruptcy professional with regard to whether you're kind of taxes are discharged alarm mister wednesday that told undisturbed general everything that is a generally discharge of right yet man miserably says the baptism toward they generally are not to start there are some circumstances and so faith that man uh... and other particularity is with regard to whether there was a a file the return i'll come into play sequestered in the back yes ma'am there's no ma'am but it doesn't make a lot of sense to used at this chart uh... unless it's really a it's really important and that's why consulting with somebody who is the old boy here who's trained in bankruptcy and knows uh... what's many out as it will give you advice about what may be in your best interest is a good idea on the other side of it you're talking about what is the minimum debt a few years ago they changed the bankruptcy law to uh... include more information in those papers that you final about ur income and your expenses because the sense was that people with free high income four able to repay their debts in a chapter thirteen possibly victory six to sixty months or filing chapter seven and traffic so now we disclosed line and more expensive from ancient and they do about an analysis and if you pass and into the income and expense analysis if you make enough money that you could repay your debt to the chapter thirteen there can be a motion to dismiss your case by the trustee and you might be required to either dismissed a case or file chapter thirteen yessir appeared catalog worked with before contract is it user the eliminated war on in my pocket traveling at purple entropy contracts your hop mated actor danger out but now after bankruptcy eliminate notebook core work eliminate the question is twofold the question is in the chapter eleven what happens to contracts and then in a personal bankruptcy what happens to your obligations i think we'll get a ten minute but first let's focus on the chapter eleven kind of bankruptcy what happens to contracts state you alone a clothing uh... retail sales business and you have retail stores thirty malls throughout the country yet u uh... your company uh... let's call it uh... address store that rescuers and thirty-mile throughout the country alpha chapter eleven kind of bankruptcy their particulars statutes that allowed you to reject some of those contracts if you choose to reject them so that you don't you can break your lease into bankruptcy you can reject that kind of uh... contract so that perhaps you only want to be in town retailer frequently in a chapter eleven the dead or is making an analysis of what are some of the good leases and one of the performing leases and were some of the properties that they think it be better to not be in that moment now your second part of the question was what about my personal bankruptcy first let me be clear chapter eleven can be filed by an individual i think generally and you're right generally is a is a very determined and i'll get the qualifier generally chapter eleven is for businesses as an expensive thing to do you have to be uh... a lawyer gently to represent you know and it goes on for a period of time and the kind of plan you put forth in the chapter eleven is they're complicated as an individual filed for chapter eleven although most people who file for chapter eleven thousand individual at some kind of business but they are trying our business dealings that they're trying to do work for with regard to that chapter seven liquidation kind of bankruptcy you can walk away from garrett contracts you can reject your contracts you could turn your at least car back in and reject that leads we're still it had something to drive some people energy after seven straight kind of bankruptcy chooses to do continue on and continue to be current on the lease a big deal the selected something to drive like use homestead okay half an hour ago we talked about uh... filing a chapter seven bankruptcy that straight liquidation the question is what is the homestead in chapter seven bankruptcy think the question is getting at this and you tell me if i'm answering blasted what do you get to keep with regard to your interest in your house missouri law allows you to keep fifteen thousand dollars worth of property house so yet you file a chapter seven kind of bankruptcy anti about how hundreds one thousand dollars involuntary entrust to your address all that house because the house is at work this much you can stop oftentimes what you have paid about two hundred and fifty thousand right so the trust and the bankruptcy cases chapter seven isn't going to try to sell your house you might want to keep your house so you might say and current on this mortgage too the bank to first bank because i want to keep my house now in your house is worth a hundred twenty and you've only alluded fifty thousand dollars on their house entrusting was inside carling any u_n_ sorrento arlena accepting what's going to sell your carly or you're dying to hear about this yuri withdrawal i could sell their house for a hundred twenty thousand dollars first bank the thousand dollars and i would have seventy thousand dollars to distribute to your creditors misery says uh... first fifteen thousand dollars if the equity if he could have and even though i thought agassi's inform lines one of the uniform laws is the every state gets to decide how much their citizens get to keep up their stocks because nobody files bankruptcy and has to give up every jacket every pair of shoes and the trustee has big garage sale so y'all tried to keep what makiel feel about bankruptcy get to keep some reasonable manner stuff and i'm sorry the people who make the laws of the remarks are less later is that you get to keep fifteen thousand dollars your house mind okay it felt like the trustee would get seventy thousand dollars you can u fifteen now this is a case where in my file bankruptcy is interesting is the most of them so that's why it is i think my earlier comments with regard to your very question on taxes bankruptcy is the kind of complicated situation even for people who seem to have a relatively easy circumstance doesn't record but you don't wish pls you're going to keep your house elaire who knows bankruptcy helped you assess what your options might be beaten here or for me is charged video claim against them victory immediately uh... pain everybody illnesses they hit they've right it perfectly with this acceptable or that they have deployed a lot of times people be smart people file bankruptcy let's do it the fact that they are broken some kind of lawsuits and that doesn't that happen and whether it be underlying obligation is discharged in bankruptcy or not can turn on effects of what does the nature of the underlying bankruptcy if some is just a few credit card companies just doing you know just because you're behind in getting the credit card and you've got a action a small claims forwarder maybe haven't yet with local state fourteen action and you file bankruptcy that obligation can generally be discharged asthma morgenthau if you can edit prime that op board cut the uh... credit card company might come in and say your debts not discharged but there's another little someone put a particular uh... buying some luxury goods shortly before bankruptcy and other things that i would like to be to get into those wins it varies from state to state and frankly that's happening area covered bankruptcy we don't really deal with sticks limitations but my recollection is ten years depending on the nature of the allegation for frankly we cannot get to your plane saying that that that you can see why and i think that might this particular state law well i've got out want to just explains to that their particular bankruptcy judges only deal with bankruptcy cases their experts in the area of bankruptcy backed up v importance uh... filing for bankruptcy case should come only after long contemplated reflection about what's in your best interest in talking to bankruptcy professional before he found a person when i hear the changes in law it that you had to go to forget now but a credit counseling before you can file bankruptcy once you file bankruptcy before you get your discharge you have to go to get our education crack jokes when we look at your particular situation and say you might be able to repay some your creditors uh... over time outside of bankruptcy you know uh... maybe need to go see events in earlier the purpose of the other education is to tell you let's do a little budget let's see whether perhaps if you cut down some of your expenses you can't live with endure income level and perhaps not pull back in that situation again in certain here jasmine my where they practice their not your liability is the same acknowledge eyes he did tell me do that update you if you're obligated on credit card and somebody filed bankruptcy do you still need to play on the credit card the answer is you are whatever your obligation as bankruptcy doesn't change the obligation of a uh... the person who it you would never updated art were uh... the ray again back to dozens of that whether your individually killer not individually liable for any major individually level after the fact that companies filed bankruptcy doesn't really change their wonderfully and i will say that just because companies gone out of business doesn't mean he filed bankruptcy you can call me strap with the bankruptcy court opt you can hot usual number what number of different searches but you can check with the bankruptcy sto port generally in the area where they did business sometimes corporations file in delaware southern district of new york but uh... not everybody files bankruptcy just because they've gone out of business that something keep in mind any further last questions gap in that the circumstance that goes on your credit report the package about bankruptcy and that's one of the factors that is considered by companies to extend credit they don't have to extend credit to you uh... you weren't necessarily unethically tonight and there are people who cop if you filed a chapter seven st i don't think that we talked about three multiply once every eight years there are people who say you're better credit rest because you can't file again but they make sure to hire interest-rate so this is one of their factors in determining whether they want to extend your credit as to whether you filed bankruptcy previously and postcode openview millstein member i think in any circumstance you have to use your reasonable judgments there's no such thing as a free lunch of it sounds too good to be true and might not be combat you know as to whether it's a good product circumstance for you personally or not i think i can send adviser ira magaziner nice regard a

References

  1. ^ "License Plates of Zambia".

External links

This page was last edited on 11 February 2022, at 14:34
Basis of this page is in Wikipedia. Text is available under the CC BY-SA 3.0 Unported License. Non-text media are available under their specified licenses. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc. WIKI 2 is an independent company and has no affiliation with Wikimedia Foundation.