Civil Protection Orders: Online Threats

OAJ Family Law Section Article July 2015 ONLINE THREATS AND CIVIL PROTECTION ORDERS

The potential reach of the U.S. Supreme Court’s recent ruling in Elonis v. United States 

By: Chelsea Berger: Farlow & Associates LLC


A prospective client comes in to your office with several screenshots of their soon to be ex- spouse’s social media posts, containing messages they find personally threatening. What can be done? When do online statements cross the line to possible real-life danger? On June 1, 2015, the United States Supreme Court rendered an opinion that may be extremely relevant to the family law practitioner in these situations.
In Elonis v. United States, the Court considered online threats made on sites such as Facebook and Twitter. 135 S. Ct. 2001 (2015). When Elonis’ wife of almost seven years left him, taking with her the couple’s two children, Elonis began posting at length on Facebook in the form of “rap” lyrics which used “graphically violent language and imagery.” Id. at 2004-2005. Elonis claimed his lyrics were artistic expression, therapeutic and “fictitious,” with no intentional “resemblance to real persons.” Id. at 2005. However, Elonis’ posts included “crude, degrading, and violent material about his soon-to-be ex-wife” and others. Id. After viewing the posts, his wife felt “extremely afraid for [her] life,” and applied for and received “a three-year protection-from-abuse order” against Elonis. Id. at 2006.
A grand jury indicted Elonis for making threats against his wife and others in violation of 18 U. S. C. §875(c). Id. at 2007. That section states that an individual who “transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another” is guilty of a felony and faces up to five years’ imprisonment. Id. at 2008. At trial, Elonis testified that “his posts emulated the rap lyrics of the well-known performer Eminem, some of which involve fantasies about killing his ex-wife.” Id. at 2007. He claimed that he had posted “nothing . . . that hasn’t been said already.” Id.
Elonis argued unsuccessfully to the District Court, and later to the Third Circuit that the jury should have been required to find that he intended his posts to be threats. Id. Both courts disagreed, upholding his conviction and sentence, with the Third Circuit holding “that the intent required by Section 875(c) is only the intent to communicate words that the defendant understands, and that a reasonable person would view as a threat.” Id. (citing
United States v. Elonis, 730 F.3d 321, 332 (3d Cir. 2013)).
In its majority opinion, the Supreme Court limited its review, refusing to touch on First Amendment issues. Id. at 2004. It found that Section 875(c) did not specify any required mental state, but that “wrongdoing must be conscious to be criminal.” As a result, it is necessary to “read into the statute the mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct.” Id. at 2009-10 (internal citations omitted). The Court, thus, reversed and remanded, holding that “Section 875(c)’s mental state requirement is satisfied if the defendant transmits a communication for the purpose of issuing a threat or with knowledge that the communication will be viewed as a threat.” Id. at 2004.

could convict him, and it did, if it found that what he wrote in his postings would be understood by

At Elonis’ trial, the jury was told that it

“a reasonable person” as a threat to his wife. Id.

Although Elonis involved the violation of a federal criminal statute, it questions what it takes to consider an online posting a threat; therefore, courts may use it for guidance when reviewing whether or not a protection order is warranted in domestic violence situations. As noted in the Brief of the Domestic Violence Legal Empowerment and Appeals Project and Professor Margaret Drew as Amici Curiae in support of the Respondent in Elonis, “threats are integral to most domestic violence cases, and are typically at the top of the list of behaviors that protection orders enjoin.” Elonis v. United States of America, 2014 WL 5035111 (U.S.), 26 (2014)(citing Lori A. Zoellner et al., Factors Associated With Completion of the Restraining Order Process in Female Victims of Partner Violence, 15 J. INTERPERSONAL VIOLENCE 1081, 1085–1088 (2000)). Ohio’s domestic violence statute specifically highlights that threats warrant the need for protection. Ohio Revised Code Section 3113.31. It states that “immediate and present danger of domestic violence to the family or household” is good cause for a court to issue protective temporary orders after an ex parte hearing, and further defines “immediate and present danger” as follows:
O.R.C. § 3113.31(D)(1)(emphasis added).
Furthermore, since “most protection order proceedings involve conduct which is independently criminal, judges in these proceedings are inevitably influenced by and cognizant of the criminal implications of the civil proceedings.” Domestic Violence Amici Curiae Brief, supra at 27. It is not uncommon for judges to reference the criminal law in adjudicating civil protection orders as the imposition of a protection order subjects the individual upon which it is served to possible criminal ramifications if violated. Id.
It is certainly worthwhile to be aware of the Supreme Court’s analysis in Elonis, and to use it when advising a client or when preparing for a protection order hearing. At the very least, providing subjective factors, such as that the individual made the post with the purpose of issuing a threat, or with the knowledge that it would be viewed as a threat, will add extra credence to your argument. And unfortunately, in this digital age, where a message is susceptible to misinterpretation and can easily reach a wide audience, the subjective test used in Elonis may eventually become the new norm. 

Federal Employees: Administrative Remedy Requirements

GREAT ARTICLE! FEDERAL EMPLOYEES BE AWARE OF THE CHALLENGES YOU FACE 

OAJ Employment Law Section Article July 2014

An Overview of the Federal Sector Administrative Remedy in Employment Discrimination

Claims

By Alissa Sammarco Magenheim, Esq.

The area of Federal Sector Employment Law and the Administrative Remedy that

precedes litigation is a niche practice in which I find myself engaged. In preparing to draft my

introductory article to the Ohio Association of Justice as the new Chair of the Employment Law

Committee, I felt that this little known area needed attention.

First, Federal Sector employees include many people we see every day, for example, our

Letter Carrier, the Federal Court Staff, the Veteran’s Admiration doctors, nurses, and

administrators. It is during the administrative process where employees are often left without

representation, and give up or lose without a hearing. It is key to develop the record during the

administrative process and that the claims be made to include a variety of related matters.

Title 29 of the CFR, Part 1614, governs the administrative process and has its own set of

time restraints. Part 1614 is intended to implement the Government’s policy to provide equal

opportunity in employment for all persons, to prohibit discrimination based on race, color,

religion, sex, national origin, age, disability or genetic information, and to prevent retaliation for

opposing any practice made unlawful by Title VII, the ADEA, the Equal Pay Act or GINA, or

for participating in the administrative process. 29 CFR 1614.101. This part applies to employees

of Military departments as defined in 5 USC 102, Executive agencies as defined in 5 USC 105

which include Employees of the Justice Department, The United States Postal Service, Postal

Rate Commission and Tennessee Valley Authority, All units of the judicial branch of the Federal

government having positions in the competitive service, except for complaints under the

Rehabilitation Act, The National Oceanic and Atmospheric Administration Commissioned

Corps, The Government Printing Office except for complaints under the Rehabilitation Act; and,

The Smithsonian Institution. 29 CFR 1614.103(b)(1).

However, Part 1614 does not apply to Uniformed members of the military departments

referred to in paragraph (b)(1) of 1614.103, Employees of the General Accounting Office,

Employees of the Library of Congress, Aliens employed in positions, or who apply for positions,

located outside the limits of the United States; or Equal Pay Act complaints of employees whose

services are performed within a foreign country or certain United States territories as provided in

29 USC 213(f) .

The short time limitations are rolling and strictly complied with as jurisdictional. The

employee must make a pre-complaint claim of discrimination within 45 days of each discrete act

of discrimination. 29 CFR 1614.105 (a). If it is a “continuing action” or “harassment” claim, the

employee must be careful to allege it as such. In order to succeed on such a claim, the employee

must demonstrate that similar actions were frequent and regular, and involved the same

managers. (See the three factors of consideration stated in National R.R Passenger Corp. v.

Morgan, 563 US 101, 117.) Although under Morgan, 536 US 101, 122 S.Ct. 2061 (2002), each

of the discrete acts of discrimination must be administratively exhausted, the continuing

violation doctrine remains alive upon consideration of those three factors. Semsroth v. City of

Wichita, 304 Fed.Appx. 707, 722 (10th Cir. 2008).

Under 29 CFR 1614.106 (d), if the new allegations are like or related to claims raised in

counseling, the pending complaint can be amended and no additional counseling is required. A

new allegation is like or related to the initial complaint if it adds to or clarifies it, or could

reasonably be expected to grow out of the initial complaint. See Scher v. Postmaster General,

05940702 (1995). If the new issues are not like or related to the matters that were raised in

counseling, the complaints should be consolidated for processing under 29 CFR 1614.606. There

is little practical difference between amending a complaint to include additional claims and

consolidating complaints. See Porter v. Secretary of Defense, 02965323 (1997); Lee-Buhl v.

Secretary of Defense, 01966748 (1997).

The pre-complaint process may include Redress or Mediation at the employee’s option.

If no resolution results, than the Agency must notify the employee of their rights, the time

restraints and issue a Notice of Right to File Formal Complaint. The Formal Complaint must be

mailed within 15 days of the employee’s receipt. 29 CFR 1614.106(b).

If new claims are alleged in the Formal Complaint, and are not like or related to the

claims made at the counseling stage, those allegations may be dismissed and not accepted for

investigation. Subsequently, they may be denied for adjudication, either by the ALJ or by Judge

for failure to exhaust the administrative remedy.

At this point, the agency is required to conduct an impartial and appropriate investigation

of the complaint. Once the investigation is completed (between 180 and 360 days), the

employee has 30 days to request a Hearing before an ALJ with the EEOC. In the alternative, the

employee can request or wait for an Agency Decision on the record and then has 90 days from

the date of the Decision to file a civil lawsuit.

Research your case carefully. Justice Department Employees may not have a right to file

a Bliven’s Action. See Blade v. US Bankruptcy Court 1009 F.Supp.2d 872 (SD Ohio 2000)

(Judicial employees do not have a Bliven’s Action).

Whether you choose to litigate before the EEOC or the Federal Court depends on your

client and your case. If you choose the EEOC, the ALJ will issue a Scheduling Order with right

to limited discovery. This is shorter and less costly, but does not provide for a jury trial.

Development of the record is key at the administrative level as the record follows the case into

Court if you file a civil lawsuit.

The main point I want to make is that development of evidence is key and will make or

break the case. This starts in the administrative process

FAIR LABOR STANDARDS ACT - OVERTIME PAY

OVERTIME PAY REQUIRMENTS

FAIR LABOR STANDARDS ACT       

                                            

DOES MY EMPLOYER OWE ME OVERTIME PAY IF I WORK MORE THAN 40 HOURS PER WEEK?

YES

Except for limited situations in which employers are exempt from paying overtime, if an employer requires or permits you to work overtime in a 7 day consecutive work week, they must pay you a premium under current Federal Law. 

   

IS MY EMPLOYER EXEMPT FROM PAYING ME OVERTIME?

MAYBE

Certain employees considered executive, administrative, professional, working in outside sales and certain employees working in the computer industry are exempted from coverage under the Federal Law. 

CAN MY EMPLOYER FIRE ME FOR FILING A COMPLAINT TO RECIEVE OVERTIME PAY?

NO

Federal Law prohibits employers from taking action against employees who file complaints or take actions to recover overtime pay. 

CLICK BELOW TO READ MORE ABOUT THE FLSA

http://www.dol.gov/whd/overtime_pay.htm

Intervention in Lieu of Conviction (IILC)

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Ohio-Law-Allows-Conviction-Alternative-for-Eligible-Offenders.aspx

Ohio Judges, Attorneys Discuss Next Steps for Marriage Equality

Ohio judges have their work cut out for them moving forward in the wake of the U.S. Supreme Court's historic ruling that legalized same-sex marriage across the country. After last months 5-4 decision, the court struck down same-sex marriage bans in Ohio and other states. The decision came in response to five court cases, including two Ohio cases: Obergefell v. Hodges and Henry v. Hodges. The split decision still leaves plenty of unanswered questions to be hammered out by Ohio courts and lawmakers

 For example, who is to be considered the biological parent in the case of the artificial insemination of a same-sex spouse, the judges pondered - the same-sex spouse who was not inseminated or the potentially anonymous biological father who donated? And at which date is a same-sex marriage conducted in another state considered to have begun - is it the official wedding date in that other state, the date of the court ruling, or the date of the couple's commitment ceremony if there was one?

"We're left, as judges, in a bit of a vacuum," said Delaware County Probate/Juvenile Court Judge David Hejmanowski. "We have statutes we know have been declared unconstitutional.... Until the legislature takes that action, the judiciary is in a bit of a quandary over how to move forward."

Judge Long said the group has already discussed how to best rectify a judge or court worker's personal religious beliefs with the new ruling. In a county with only one judge, the pair said, a judge's personal objection to same-sex marriage could be problematic. "There were a couple different thoughts," Judge Long said. "One is we're an elected official ... therefore we as elected officials must (officiate that wedding). Those that are working for us are also duty-bound as well." He said the best practice the group has recommended is for a judge to consider any employee's religious objection and relocate that worker to another job if necessary. Failure to do so could not only invite a lawsuit from prospective spouses, but from court employees who feel they're being forced to violate their religious beliefs by officiating the wedding. When asked whether non-profit, tax-exempt entities would be permitted to refuse performing same-sex weddings, Ms. Branch said they likely would. She cited Justice Elena Kagan's oral argument question in which the justice gave the example of a rabbi refusing to perform an interfaith marriage between a Jewish person and a Christian. "They are allowed to do that," Ms. Branch said. "There's no law in Ohio that says the officiant, that rabbi, must perform that marriage. So I think the analysis would apply here and I don't think that's going to be a real problem in Ohio." She added that same-sex couples would likely be hesitant to do business with a business or officiant once they knew the person's adverse thoughts toward same-sex marriages. 

"http://www.courtnewsohio.gov/happening/2015/marriageEquality_070715.asp#.VZ6E6_lViko

OSBA | Living Wills and Health Care Powers of Attorney

We often get questions regarding Living Wills. Here is some information regarding setting up living wills and the purpose of health care powers of attorney.


OSBA | Living Wills and Health Care Powers of Attorney

OSBA | Child Support

Some great information on Child Support and Calculating Amounts from the Ohio State Bar Association.

OSBA | Child Support

OSBA | Administering an Estate Without a Will

Estate Planning: The benefits of the will or trust.

The prospect of death is not always something we want to confront. Thinking about estate planning and living wills forces us to deal with the fact that we are getting old and we will not be around forever.  However, if you pass without a will or trust, the court will be forced to step in and handle your estate per state law which is often against your current wishes. Below is a great article by the Ohio State Bar Association answering some of the come questions faced when dealing with estates.

OSBA | Administering an Estate Without a Will

Social Security

Social Security Benefits

Some interesting facts about current social security benefits. 

Read TheWashington Post Article 

http://www.washingtonpost.com/news/get-there/wp/2015/06/15/five-of-the-most-important-facts-everyone-gets-wrong-about-social-security/

Education Law: Special Education

PARENT'S RIGHTS TO EDUCATE THEIR SPECIAL NEEDS CHILDREN UNDER THE IDEA

Under the Individual with Disabilities Education Act (IDEA), children with disabilities are guaranteed an education free from certain restrictions. The goal of the IDEA is to provide children an education which fully emerses them into the classroom with their peers.  The concept being that with full emersion comes an improved learning experience for the child.  

The following article details a parent's rights to provide their child the best possible education under the IDEA.

Who's IDEA is this?  

Parent's Guide to the Individuals with Disabilities Education Improvement Act (IDEA) of 2004

DISCLAIMER :  Nothing in this blog or article should be construed as legal advice or written for the purpose of forming a legal representation agreement between the reader and Spitzer Halsey Law Group LLC.  

OSBA | Bankruptcy

IS BANKRUPTCY THE RIGHT OPTION?

Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors.

The United States Constitution authorizes Congress to pass uniform laws on bankruptcy. Laws governing bankruptcy have existed since the early 1800s. The Bankruptcy Code (Title 11 of the United States Code), enacted in 1978, has been amended several times, most recently with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. While there is no constitutional right to relief from debts, relief granted by the bankruptcy courts is available to the extent Congress provides.

The Bankruptcy Code provides for relief from debts either through liquidation (Chapter 7) or reorganization (Chapters 11, 12, or 13). This pamphlet discusses some of the issues to consider before filing for bankruptcy and the differences between a liquidation and a reorganization case. Before deciding whether to seek bankruptcy protection, one should consult a qualified bankruptcy lawyer.

What types of bankruptcy relief are available?
Individuals are eligible to file for bankruptcy under Chapter 7, Chapter 11, Chapter 12 or Chapter 13 of the Bankruptcy Code. 

Chapter 7 bankruptcy is known as liquidation, or “fresh start” bankruptcy. In a Chapter 7 case, a trustee (assigned by the U.S. Trustee’s Office or chosen by the debtor’s creditors) may liquidate, or sell, the debtor’s non-exempt assets to pay all or a portion of the debts owed to creditors. As a practical matter, you, as a debtor, typically can protect all of your assets by using state or federal exemptions. Many Chapter 7 trustees find that more than 80 percent of their cases are resolved as “no asset” cases, meaning that all assets are exempt or encumbered with liens.

State law, and in some states federal law, protects you from having certain property taken. This property is “exempt” from liquidation during bankruptcy, and may include, for example, a certain amount of equity in a home, a vehicle, furniture, clothes, certain retirement accounts, life insurance policies, etc.
  
When estimating the amount of money that can be made from selling a particular non-exempt item in a Chapter 7 liquidation bankruptcy, a bankruptcy trustee typically will subtract your exemption from your property’s “fair market value” (what a ready, willing and able buyer will pay for the property in “as is” condition). The trustee also will subtract whatever you may owe for any liens or mortgages that may be on your property. 

The trustee will only liquidate assets that will net cash to pay your creditors. The trustee also must deduct the fees and expenses paid to any professionals (such as Realtors or auctioneers) assisting in the liquidation of your property. Through this liquidation process, any debts the trustee does not pay (with certain exceptions) will be discharged (eliminated), and creditors will not be able to force you to pay any remaining amount owed.

Chapter 13 bankruptcy, or individual reorganization, is an alternative to Chapter 7 that allows you to keep your property. In a Chapter 13 bankruptcy (unlike a Chapter 7 bankruptcy), you must pay a portion or all of the debt back. If you are filing bankruptcy under Chapter 13, you must be able to fund a payback plan and meet certain debt and asset limits. You can also use a Chapter 13 bankruptcy to bring your mortgage arrears and taxes current. 

Effective October 17, 2005 under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, if you earn more than the median income (based on family size) in the state where you lived before filing bankruptcy, you probably will not qualify for relief under Chapter 7. Whether you are over the median income is determined by the mean’s test. The mean’s test takes an average of your last six months of income, excluding certain forms, and multiplies that number by twelve. If the result of that calculation is over the applicable median income rate, you might not qualify for a Chapter 7 bankruptcy. Sometimes, the deduction of certain standard and actual monthly expenses can allow an above-median debtor to qualify for a Chapter 7 bankruptcy. 
   
Chapter 13 debtors must repay all or part of their creditors over time through a Chapter 13 plan. Under Chapter 13, you would submit a plan detailing how all your debts will be paid from disposable monthly income (income after providing for ordinary living expenses) over a period of time of up to five years. The plan of reorganization is monitored by a Chapter 13 trustee and supervised by the bankruptcy court. Upon the successful conclusion of payments under the plan, the bankruptcy court enters a discharge order. As a Chapter 13 debtor, you must pay the creditors at least as much as they would receive if the assets were liquidated in a Chapter 7 case.
  
A Chapter 13 bankruptcy is typically voluntary and you can choose to dismiss or convert the case into a Chapter 7 bankruptcy. You must otherwise qualify for a Chapter 7 bankruptcy in order to convert. 

Chapter 11 “reorganization” is typically used by corporations or businesses, or individuals whose debts exceed the Chapter 13 debt limits, as an alternative to Chapter 7 liquidation. Since a reorganization under Chapter 11 can be a very expensive process, it is not frequently used by individuals. In a Chapter 11 reorganization, as in a Chapter 13 reorganization, the business debtor keeps business assets and must pay creditors with future earnings according to a reorganization plan. 

Chapter 12 is a special reorganization for family farmers. To qualify, a family farmer must earn most of his or her income from family farming operations.

When is it appropriate for me to file for bankruptcy? 
The decision whether to file for bankruptcy is based upon each debtor’s unique situation. If you are considering bankruptcy, whether individually or for a business, you should consult with an experienced bankruptcy lawyer who can determine whether you should explore such an option and when it would be most beneficial to file. Generally speaking, it may be appropriate to file for Chapter 7 bankruptcy when you are unable to pay your debts and regular living expenses and when all of your property is exempt. Your income or your assets might make a Chapter 13 bankruptcy more appropriate.

Before filing, consider:

• Changing the terms of a loan (duration, balance due, interest, monthly payments), but beware of the potential impact the forgiveness of debt might have on your taxes and your credit score;
• Surrendering your property to fully satisfy the debt (a “short sale”), while taking into account the potential impact the short sale may have on your taxes and your credit score;
• Determining whether you may be eligible for certain entitlement programs that may exempt your property from seizure;
• Discussing the financial impact of your decisions with an accountant; and
• Entering a state court trusteeship or consulting with a reputable debt relief adviser. Be sure to do your research before signing an agreement.

How would I go about filing for bankruptcy relief?
To initiate a bankruptcy, you would file a petition with the bankruptcy court and pay a filing fee. In certain circumstances, the court may waive the fee. You also may be able to pay the filing fee in installments. The petition consists of schedules that detail information about all your assets, liabilities, and income. The petition schedules include an accurate list of everything you own, the outstanding amount of the debts you owe to all your creditors, as well as personal information about your employment and whether you have made any transfers of money or property before you filed for bankruptcy.

After these documents are filed, you meet with a trustee. This meeting is called the 341 hearing. It is open to the public and creditors are invited to attend. The trustee checks the petition and schedules for accuracy. Also, the trustee and the creditors will ask you questions about your financial situation and your assets.

Can a husband and wife file together for bankruptcy? 
Yes; it is possible, but not required. Spouses can file a joint petition if they both need relief from their creditors. However, depending on the circumstances, one spouse may file for relief under Chapter 7 or 13 and the other spouse may choose not to file at all or may file his or her own separate bankruptcy case. When spouses file separately, the assets and liabilities for each spouse will be considered separately by the bankruptcy court. However, the court looks at total household income, as well as total household expenses, to determine eligibility for either a Chapter 7 or a Chapter 13 bankruptcy. 

Can the bankruptcy court refuse to discharge my debts in bankruptcy?
Yes. Filing a bankruptcy petition does not guarantee that your debts will be discharged.

The bankruptcy court may deny a general discharge of debts if you commit certain acts of misconduct before or after filing the bankruptcy petition, such as destroying, concealing, or removing assets that might otherwise be used to pay creditors. A discharge of debts may be denied if you have destroyed or concealed records that show what assets are available to pay creditors. Finally, the bankruptcy court may deny a general discharge if you have lied under oath during the bankruptcy case, or have refused to answer questions. 

Certain debts may not be discharged, based upon an action taken by your creditor. If you incurred a debt within three months of filing a bankruptcy, a creditor may presume you incurred that debt fraudulently and file an adversary proceeding (lawsuit) against you to keep the court from discharging that debt. In the adversary proceeding, your creditor can claim that you made a “luxury” purchase (like buying a new television set) or incurred any debt with the intention of not paying it back. Such legal action can be taken in a Chapter 7 to force you to pay that entire debt back. In a Chapter 13, a creditor would bring this action to force you to pay that entire debt back, rather than only paying a portion of it. 

Even if a discharge of debts is denied, your assets still may be liquidated in a Chapter 7 case. There are certain limitations to your ability to convert your case to a Chapter 13 after you have filed a Chapter 7. The denial of a discharge does not relieve you from your other obligations under the Bankruptcy Code. 

Can I file bankruptcy more than once?
Yes, but you might be ineligible for a Chapter 7 bankruptcy or a discharge of your debts. You must wait eight years from a previously filed Chapter 7 to file a new Chapter 7 case. You can file and receive a discharge in a Chapter 7 six years after having filed a previous Chapter 13 that was discharged.

You can file a Chapter 13 case any time after the conclusion of the previous bankruptcy, but you might not be eligible for a discharge. You can file and receive a discharge in a Chapter 13 four years after having filed a previous Chapter 7 that was discharged. You can also receive a discharge in a Chapter 13 two years after having filed a previous Chapter 13 that was discharged. 

If a general discharge is granted, will I still have to pay any debts? 
Yes. Even if a general discharge is granted, some debts are not discharged in bankruptcy. Further, the type of bankruptcy affects what debts may be discharged.
  
Debts that might not be discharged in bankruptcy include taxes assessed within 240 days of the bankruptcy filing, student loans, most debts arising from a divorce court order, criminal fines and debts arising from a DUI, and any debt incurred because a debtor has committed fraud, breached a fiduciary duty as a trustee, or committed a “willful” act causing injury to a creditor. The bankruptcy court ultimately will decide whether these types of debts will be discharged.

How does filing bankruptcy affect my credit? 
Filing bankruptcy will be noted on your credit record for up to ten years, but the effect of this notation to a particular creditor may depend on whether a discharge was granted or the case was dismissed, and what type of bankruptcy case it was: a Chapter 13 reorganization or a Chapter 7 liquidation. It is common for individuals who file bankruptcy to have trouble getting a new loan, or they may have to pay a higher rate of interest to secure one.

© Ohio State Bar Association, February 2012.

CLICK HERE TO READ MORE AND START YOUR BANKRUPTCY QUESTIONNAIRE WITH SPITZERHALSEY LAW

OSBA | Bankruptcy

OSBA | Your Rights if Questioned, Stopped or Arrested by the Police

WHAT IF I GET PULLED OVER OR QUESTIONED BY THE POLICE, DO I SAY ANYTHING?


People often ask, "what do I have to do if I get pulled over by the police?"  Recently, there has been a lot in the news about our rights during a police stop. Below is a good article from the Ohio State Bar Association addressing some of the issues of a police stop.

OSBA | Your Rights if Questioned, Stopped or Arrested by the Police

Family Law: Divorce

DIVORCE FOR COOLER HEADS


The average person facing the possibility of divorce often finds themselves overwhelmed with apprehension and stress. After months if not years of strife in the home, they are now faced with possibility of taking all their marital problems public.  Unfortunately, for many facing a divorce, the next step is to strike out in an effort to inflict more pain. While often, the relationship has reached such a toxic level, the differences are irreconcilable, there will always be opportunity to walk through divorce proceedings that are more amicable than not.  In the State of Ohio, the law provides options for those who wish to work together to achieve the best outcome for both parties.


The Ohio State Bar Associations has provided some great articles concerning divorce, please find the links below to read more...

OSBA | Divorce, Dissolution & Separation

OSBA | Divorce Mediation