Baily & Gunderson

Various Blogs regarding Cincinnati Family Law, Estate Planning And Bankruptcy.

At Bailey & Gunderson, our attorneys help people going through some of life's most difficult challenges. We bring our experience, skill and creativity to every case, taking on all types of Family Law including Divorce, Bankruptcy, Probate and Estate Planning issues. Learning that most people ask the same questions - this blog is our way of providing some general legal information. Feel free to contact our Cincinnati Law Offices to discuss your specific situation.

SHOULD I FILE FOR CHAPTER 13 BANKRUPTCY?

A Chapter 13 bankruptcy is a debt relief option where a plan is approved by a U.S. Bankruptcy Judge permitting a person to reorganize their debts.

A Chapter 13 bankruptcy can allow a person whose payments are behind for their real estate mortgage or auto loan to retain their real estate or auto. This prevents the real estate from being foreclosed upon by a creditor or the auto from being repossessed by a creditor.

A Chapter 13 bankruptcy is sometimes required if a person requires debt relief, but their income is too high to qualify for a Chapter 7 bankruptcy.

In some cases, a Chapter 13 is the only option when there was a recently filed Chapter 7 bankruptcy, and the time period for re-filing another Chapter 7 bankruptcy of 8 years has not expired.

There are other reasons that may require the filing of a Chapter 13 bankruptcy as opposed to a Chapter 7 bankruptcy when someone is having financial problems and requires debt relief.

Please call the attorneys at Bailey & Gunderson at (513) 631-0022 with office in Norwood, Western Hills and Anderson Township for further information if you are considering filing for Chapter 13 bankruptcy to address your financial issues.

Chapter 13 Bankruptcy B

: B&G Law; 25 June 2021; 25 June 2021

FAMILIARIZE YOURSELF WITH YOUR FINANCES BEFORE A DIVORCE.

It is not unusual when we consult with a client about a divorce that typically one person in the household manages the finances. When it is the client’s spouse who manages the household finances, many times the client does not know about all of the investments, retirement plans, bank accounts, debts, etc.

What can you do to protect yourself? Seek professional help from an attorney to guide you how to learn about your household finances before informing your spouse that you want a divorce. An attorney knows the questions to ask and can guide you so that you can learn about your household finances before filing for divorce. Doing so will help you reach a more equitable settlement or outcome in your divorce action.

The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can help guide and educate about this process. If you should have any questions about this or any other issues, please call us at 631-0022.

Finances Divorce

: B&G Law; 09 June 2021; 09 June 2021

HOW OFTEN CAN YOU FILE FOR BANKRUPTCY?

We are often asked by clients who have previously filed for bankruptcy (and are having financial problems again) how long they must wait to file for bankruptcy again to receive a discharge of the client’s debts.

Here are some general rules:

If you need to file a Chapter 7 Bankruptcy: You cannot receive a discharge in a new Chapter 7 Bankruptcy if you received a discharge in a prior Chapter 7 Bankruptcy filed within eight (8) years of the filing date of the new Chapter 7 Bankruptcy. If the prior filing was a Chapter 13 Bankruptcy, the prior Chapter 13 Bankruptcy must be reviewed to determine how long you must wait to file a Chapter 7 Bankruptcy.

If you need to file a Chapter 13 Bankruptcy: You cannot receive a discharge in a new Chapter 13 Bankruptcy if you received a discharge in a prior Chapter 7 Bankruptcy filed within four (4) years of the filing date of the new Chapter 13 Bankruptcy; or received a discharge in a prior Chapter 13 Bankruptcy filed within two (2) years of the filing date of the new Chapter 13 Bankruptcy.

I know this sounds complicated. The attorneys at Bailey & Gunderson with offices in Norwood, Western Hills and Anderson Township can explain how these rules apply to you. Please give us a call at 631-0022 if you should have any questions.

How Often Can You File Bankruptcy

: B&G Law; 26 May 2021; 26 May 2021

WANT TO AVOID HAVING A GUARDIAN APPOINTED BY A PROBATE COURT FOR YOU IN THE FUTURE?

A guardian may be appointed for you by a County Probate Court in the event you are determined by the Probate Court to be incompetent. This typically requires a written opinion from an expert (i.e., a medical doctor) and a determination by a Probate Court Magistrate or Judge that you are incompetent and are unable to take care of your financial and health care decisions.

In order to avoid having a guardian appointed for you, the best prevention is to obtain a durable power of attorney for both your financial/business interests and needs, and for health care decisions.

Many times, our office is contacted by children who wish to obtain a power of attorney for their parent, but it is too late. The parent may already be treating for some mental health issue such as dementia or Alzheimer's disease. At that point, the parent is unable to sign any legal documents, including a power of attorney.

While you are healthy and competent, consult with your attorney about having power of attorney prepared for you to avoid the expensive and time-consuming process to have a guardian appointed for you in the future.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

Power of Attorney B

: B&G Law; 03 May 2021; 03 May 2021

BE KIND TO LAWYERS DAY!

Today is “Be Kind to Lawyers Day”.

Lawyers are essential to the workings of society and the justice system. “Be Kind to Lawyers Day” encourages people to be kind to all those who practice law and make sure that the legal system in this county works smoothly. Even though the legal profession is one of the oldest professions, lawyers have been subject of jokes and are viewed as a necessary evil by the public.

“Be Kind to Lawyers Day” attempts to dispel this myth and raises awareness about the constructive and important role lawyers play in ensuring that a society functions smoothly. It always helps to have a lawyer on your side!

Provided by the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

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