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.

DISCHARGEABILITY OF DEBTS IN A CHAPTER 13 BANKRUPTCY VERSUS A CHAPTER 7 BANKRUPTCY.

Did you know that certain debts not dischargeable in a Chapter 7 bankruptcy may be dischargeable in a Chapter 13 bankruptcy?

For example, the following debts may be dischargeable in a Chapter 13 bankruptcy (but not in a Chapter 7 bankruptcy):

a. Certain secured debts where the amount owed the creditor is less than the value of the secured collateral.

b. Certain debts arising from of a divorce or separation property settlement.

c. Willful and malicious property damages.

d. Government fines, penalties and forfeitures.

e. Debt incurred to pay nondischargeable taxes.

If you should have questions regarding how a Chapter 13 Bankruptcy can be used to your advantage versus a Chapter 7 Bankruptcy, please ask us how.

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.

Chapter 13 Bankruptcy

: B&G Law; 15 October 2020; 15 October 2020

ARE YOU HAVING DEBT AND FINANCIAL TROUBLE? WE CAN HELP.

A Chapter 7 or Chapter 13 Bankruptcy may be the solution for your debt and financial problems. Please contact us for your free initial consultation with our bankruptcy attorneys.

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

Bankruptcy D

: B&G Law; 24 September 2020; 24 September 2020

EVICTIONS OF TENANTS ARE BEING HALTED UNDER CERTAIN CIRCUMSTANCES.

Evictions of Tenants Are Being Halted Under Certain Circumstances.

The Ohio Supreme Court has announced that the U.S. Centers for Disease Control and Prevention executed an order on September 4, 2020 prohibiting landlords from evicting qualified tenants from their residence until December 31, 2020 for non-payment of rent if certain criteria are satisfied. The criteria can be found at the following website:

https://supremecourt.ohio.gov/coronavirus/resources/cdcEvictions.pdf

This order does not relieve tenants from their obligation to pay rent or comply with any other obligations the tenant has pursuant to the rental agreement. The order further does not prohibit landlords from collecting fees, penalties or interest for the failure of their tenants to pay their rent.

It should be noted that evictions can still be filed against tenants for reasons other than non-payment of rent, such as drug offenses occurring on the premises, destruction of the premises, etc.

To be covered by this order, tenants must fill out a declaration form that states that they meet the necessary criteria.

Eviction A

: B&G Law; 15 September 2020; 15 September 2020

THE IMPORTANCE OF BENEFICIARY DESIGNATIONS.

You should make sure you have designated a beneficiary (or beneficiaries) for all of your financial accounts, including investment, retirement and bank accounts. Doing so will allow you to designate to whom you want the funds in those accounts to be transferred when you die. Make sure those review your beneficiary designations periodically to make sure they are up to date.

If you have not designated a beneficiary for a financial account, the transfer of the funds in the financial account will be determined by the Probate Court pursuant to your Last Will & Testament or the probate laws of the state of your last residence.

Beneficiary B

: B&G Law; 27 August 2020; 27 August 2020

THE IMPORTANCE OF FINANCIAL DOCUMENTS IN A DIVORCE.

The first rule of divorce is “document, document, document”. What is the second rule of divorce? If you guessed “document, document, document”, you would be correct.

It is absolutely critical that you maintain and retain good financial records for many reasons. One of the most important reasons would be for use in a divorce action. Your divorce team, including your attorney and financial planner, require reliable and accurate financial information in order to advise you and protect your interests.

Many people are now storing electronic versions of historic and recent financial records in a secure location to provide to their attorney and financial planner in the event of their divorce.

These financial records can include such documents as income tax returns, retirement plan statements, paystubs, real estate deeds, auto titles, credit card and debt statements, Social Security benefits and earnings records, life insurance policies, investment accounts (including stocks, bonds, mutual funds, etc.), checking and savings account statements, etc.

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 and Western Hills. Phone: (513) 631-0022.

Divorce