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What Happens in Last Salary Stays in Last Salary

A reminder for employers and employees of the new VT law in effect July 1, 2018 prohibiting employers from asking prospective employees about their compensation at current or previous employment.

Some Reasons to Create a Living Trust in California

An outline of some of the reasons it is important for California residents to create a living trust.

Why an SSD Denial is Not the End of the Road

When you're injured and unable to work as a result, filing for Social Security Disability (SSD) benefits is a logical first step.

Preference suits and the earmarking doctrine

If before bankruptcy is filed the debtor pays some debts and not others, ie 'prefers' some creditors, the court may be able to get back those payments from the person or entity that received the funds. For insiders (relatives, business partners, others with a special relationship to the debtor) the court looks back at least one year for such payments, and may be able to look back over a much longer period to determine if the payment qualifies for recovery. One of the defenses to this doctrine is called the earmarking doctrine, if funds were specifically provided to the debtor conditioned on paying a specific debt.

4 Mistakes That Will Drive up the Cost of Your Divorce

Here are the 4 mistakes that lead to these costs and what you can do to avoid them.

How to Tell if You Have a Valid Personal Injury Claim

One of the most common questions people ask when consulting with a personal injury attorney for the first time is "Do I have a valid case?" Of course, the only way to know for sure is to speak with an attorney about the specific details of your case. Still, there are generally three conditions that need to be met in order for a personal injury claim to be considered valid.

Brett Kavanaugh Sworn in as 114th Justice of the Supreme Court

On October 6, 2018, the United States Senate approved the nomination of Judge Brett M. Kavanaugh to the Supreme Court of the United States by narrow vote of 50-48.

Default Judgment: The Automatic Stay Could Help at the Last Minute

The automatic stay is an extremely helpful injunction, and your creditors will be alerted to your bankruptcy filing; however, even if they are not, the automatic stay still prohibits them from collecting on any debts.

2019 Medicare Advantage Plans Incorporate Long Term Care, Aging in Place Benefits

Medicare Advantage Plans are cautiously incorporating benefits that aid in Aging in Place planning

Notice to creditors is critical to eliminate debts. Sending a notice to too old an address may not work.

If a creditor does not receive notice of a bankruptcy, their debt may not be eliminated by the bankruptcy case, even if the case is successful. If addresses are not quickly corrected, or a creditor added soon after filing, it may not be possible to add the creditor later. If an address is incorrect or outdated, the debt may not be eliminated. In one recent decision, the debtor sent a notice to an attorney that had represented the creditor four years earlier instead of to an address shown on the judgment to the creditor itself. While the debtor 'got away with it' in this particular case (though incurring substantial additional fees in the process), under very slightly different circumstances the debt would not have been eliminated.

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