Carpentersville DUI Attorney

DUI and Drunk Driving Defense in Carpentersville

The DUI laws of the state of Illinois are constantly changing and involve many technical issues. Understanding precisely how officers make DUI arrests, the process they must follow and how evidence can be collected can play an important role in determining the difference between heavy fines, a suspended license or jail time, and having charges reduced or thrown out.

At the DUI defense law office of Peter Buh I make it a priority to stay current on the developments in DUI laws. I explore every option when representing people in a DUI case, including thoroughly examining police officer conduct, seeking diversionary programs and arguing issues in court.

A DUI Attorney Who Will Work With You

Over the more than 17 in the criminal justice system, I have represented vacationers to the Chicago-land area, first time DUI offenders, individuals who have been previously convicted of a DUI, juveniles and clients accused of driving under the influence of prescription medication or narcotics.

I explore every option for you, including:

Examining the validity of the stop

Questioning whether the officer established impairment

Reviewing evidence and paperwork closely

Seeking diversionary programs for treatment or education

Reviewing videos of the traffic stop and arrest

Negotiating for reduced charges with the prosecution

When you have been charged with a DUI, you may face automatic license suspension, and for visitors to our state, that can translate into suspension of your license in your home state. I work with clients in both the administrative and criminal phases of a DUI case, and work hard to reduce penalties and restore your driving privileges.

More Than 18 years of Experience

I have been handling criminal cases in Illinois for more than 18 years, and that kind of experience provides insight into how to be effective for my clients. For Carpentersville DUI defense, contact my office and schedule your free initial consultation. I am your Carpentersville DUI Attorney.

Glenn Ellyn DUI Attorney

If you have been arrested for DUI, you need an experienced and knowledgeable attorney. At the Law Office of Peter A. Buh, we know that DUI consequences, either at the misdemeanor or felony level, can be very severe. When you are charged with DUI, you are facing fines, driver's license suspension, mandatory drug and alcohol treatment, jail time, and even a breath alcohol ignition interlock device, which is a mechanism that requires you to use when you are driving your vehicle. Our firm analyzes your case thoroughly and from the start we challenge police procedures and breathalyzer test results, which often results in reduced charges and even dismissal of the case.

Remember, if you are arrested for DUI you must deal with the criminal court system and potentially face a driver’s license to try to prevent a driver's license suspension for up to 36 months. Let our firm represent you so that we can build a strong defense against the DUI charge and protect your driver's license.

Contact Attorney Peter Buh for a Free Consultation

We provide a free initial consultation to all clients. To set up a meeting with an aggressive DUI criminal law lawyer, or call us at 630-925-7188. We are available by phone 24 hours a day, seven days a week, including evenings and weekends. For further information, contact your Local Glen Ellyn DUI Attorney or your Legal Blog.

Lee County Divorce Attorney

Tax Consequences of Child Support: Child support payments, generally, are not deductible as an itemized deduction on the payor's income tax returns and, likewise, generally are not reported as income on the recipient's income tax return. There is a way around this legal requirement and, in many cases achieve significant tax benefits for most people paying child support.

The income tax dependency exemptions for the children may be awarded to the parent paying child support, and sometimes are divided between the parents. The allocation of the income tax dependency exemption is an element of support over which the judge has discretion. Indeed, courts have gone so far as to declare that a non-custodial parent who exercises substantial visitation is entitled – that's right, entitled – to the dependency exemption on their taxes in at least alternate years. Contact your Lee County Divorce Attorney for further information.

Winnebago County DUI Attorney

Rockford, Illinois DUI Defense Lawyer

Conviction on drunk driving charge in Illinois will result in fines, driver's license suspension, possible jail time, increased insurance rates and numerous other complications. If you or someone you know has been arrested for, or charged with DUI, it is important to act quickly to protect your rights.

Contact Glenn Weber, he is your Winnebago County DUI Attorney. He offers free consultations.

Trust an experienced DUI defense attorney to your case
Glenn has experience as an Assistant State’s Attorney and was elected State’s Attorney. Further, Glenn Weber has earned credibility and respect among his legal colleagues. He has solid working relationships with the people who will be deciding your outcome and those who will build a case against you.

DUI Attorney Glenn Weber is dedicated to minimizing the impact an arrest or conviction will have on your rights, freedoms and future. Penalties for DUI conviction are severe for a first offense. As the number of offenses goes up, so do the penalties. Depending on the number offense you are facing, you risk the following:

• Heavy fines
• Jail time
• Driver's license revocation
• Loss of employment
• Ignition interlock system

Glenn Weber can immediately begin building a strong defense on your behalf. We make every effort to challenge and disprove evidence. We are knowledgeable about proper police procedure, the administration and results of field sobriety tests and the most successful methods for reducing or dismissing the charges.

Take a step today toward protecting your rights. Contact Glenn Weber to schedule your free consultation.

Winnebago County DUI Lawyer

Winnebago County Drunk Driving Defense Lawyers • Driver's License Suspension Attorneys
If you have been charged with DUI in Winnebago County, you will be facing some of the most aggressive prosecution strategies in Illinois. The police officers and Assistant State's Attorneys will attempt to get you to accept a guilty plea. Make no mistake, even the most generous plea arrangement, such as supervision, is still a conviction on your record until you have successfully completed the supervision period. Don't agree to anything without an experienced DUI defense Attorney advising you.

Your Local Winnebago County DUI Attorney has the experience to help protect you from the harsh penalties of DUI conviction. Your DUI Attorney has been involved in hundreds of DUI cases. We put our insight and knowledge of the system to your benefit by finding insightful strategies that give you every available advantage. From challenging the probable cause for the arrest to attacking the field sobriety test and breath or blood test results, your local attorney uses every possible defense strategy, leaving no prosecutor's tactics unchallenged.

Your Local Winnebago County DUI Attorney will provide aggressive representation that includes:
• Free initial consultation to provide an honest evaluation of your case;
• In-depth investigation and gathering of police reports and records for evidence;
• Thorough case preparation that anticipate strategies employed by the prosecutor;
• Representation at all legal hearings;
• Insightful, aggressive negotiations with the prosecutor to dismiss or reduce charges;
• Ongoing, responsive communications throughout your case;

Don't wait to find out what happens next. Having an experienced DUI Lawyer protecting your rights as soon as possible is your best advantage in a any DUI charge. Contact your Local Winnebago County DUI Attorney. Please visit your Best DWI Blog or Find Local DUI Lawyers Blog for more information.

Warren County DUI Attorney

While many articles about DUI deal with the fact that a person arrested for the offense can face jail time and thousands of dollars in fines, few articles discuss the need for an Alcohol Evaluation and how that evaluation can affect one’s life and pocketbook.

Local DUI Attorney David Reid Clark who practices DUI Defense in Warren County, Illinois, knows the law and knows the requirements that accompany the law in DUI cases.

DUI Attorney David Clark is highly experienced in DUI Law. For any first time DUI arrestee most cases require an Alcohol Evaluation to be conducted by a licensed provider in the State of Illinois. What few people realize is that there are several levels of evaluation and each one carries with it certain monetary obligations and time commitments.

While most offenders would prefer to be rated “Level 1" or minimal risk, the fact of the matter is that if a driver refuses breath testing he or she will automatically be presumed at least “Level 2" with a moderate risk rating, and it can only go up from there.

Once Level 3 is reached there are thousands of dollars at stake for the person arrested as well as 70 hours of treatment that could be imposed. It is important to know what your evaluation will entail if you are arrested for DUI in Illinois and local Warren County DUI Attorney David Reid Clark has helped many avoid the harshest outcomes in a DUI case.

Contact Attorney Clark today at Local Warren County DUI Attorney or phone 309-734-8464.

Grundy County Divorce Attorney

If your marriage is headed for divorce, it is a very difficult emotionally and financially. Unless there are very few assets to be divided between the spouses, a divorce attorney will be needed to represent each party. Of course, hiring an attorney will be expensive. This can be problamatic when you’re concerned with retaining as much of your money as possible. There are no simple answers to this situation, but there are ways of keeping costs manageable.

Keeping your divorce lawyer fees from skyrocketing out of control requires you to make a written fee agreement with your attorney. The attorney will have basic legal rates, typically charging by the hour. You must keep strict track of what legal charges apply. If you fail to keep tract, you could easily run up a tremendous bill by the end of the month. If you have a written agreement, you can ensure that you know what you’re paying for, the exact costs and you can keep a tab of what you’re chrges. This is an excellent way to make control your legal fees.

You may want to retain a divorce lawyer who doesn’t have his advertisements all over every billboard in town. As is the case with effective advertising, the attorneys who have high profiles in your town are also likely to be the busiest. These firms will typically have much higher rates than other firms, but may be worse in the courtroom. You must find alternative ways to retain an attorney. Obtain recommendation from friends, family or someone else you know is may be better than hiring an attorney by the size of their yellow pages add.

However, don’t retain the cheapest attorney when hiring a divorce attorney assuming all attorneys are the same. If you look to research the issue, you can find an attorney straight out of school to handle your case for a fraction of what it might cost elsewhere. However, this attorney will have experience to effectively represent you. Remember, there is a significant difference between cheap services and a good value. For further information, contact your Grundy County Divorce Attorney or your Kendall County Divorce Attorney.

Rock Island County Divorce Attorney and Grounds for Divorce

In Illinois, there are various grounds for Divorce. They include the following:
That your spouse:

1) was at the time of your marriage and continues to be impotent;
2) had a living wife or husband at the time of your marriage;
3) committed adultery during your marriage;
4) willfully deserted you for at least one year;
5) has been guilty of habitual drunkenness or drug abuse for two years;
6) has physically or mentally abused you, or tried to kill you;
7) has been convicted of a felony;
8) has infected you with a sexually transmitted disease.

For further information, contact your Rock Island County Divorce Attorney or read Kendall County Divorce Settlements.

Kane County Divorce Attorney

When you are in the middle of a divorce recovery, as well as any other major loss in your life, acceptance is the most important and hardest step you must take toward releasing the past and beginning a new chapter of life. Acceptance means the acceptance of your reality, as it exists for you right now: Acceptance means being conscious and accepting of your reality, with no illusions, personal interpretations or filters. You must give up blame, resentment, and regret. The ability to let go of those negative emotions is true acceptance, which ultimately gives you the freedom to move forward. For further information, contact your Kane County Divorce Attorney.

Coosa County Divorce Attorney and Common Law Marriage

In Alabama, if a man and a woman intend to be married, they may be married under Alabama's laws even if they never say “I do.” The intent of the parties is what rules. No ceremony and no particular words are required to constitute a valid common-law marriage. The various elements required for a common law marriage are (a) capacity (both spouses must be at least 14 and mentally competent); (b) present agreement or mutual consent to enter into the marriage relationship; (c) public recognition of the existence of the marriage (calling each other "my husband" and "my wife"); and (d) cohabitation or mutual assumption openly of marital duties and obligations."

For common-law marriage to be valid, there must be mutual consent between the parties to be husband and wife, followed by cohabitation and living together as man and wife. As the court in one case put it, “marriage, common-law or ceremonial, is not transitory, ephemeral, or conditional, but contemplates a present, permanent status. An expression of intention to marry in the future, followed by cohabitation, does not create the common-law marital status.”

By the same token, once a couple is married at common law, their marriage does not end just because one of the spouses wishes this to be so. As the court stated, "There is no such thing as being a 'little bit' married." For further information, please visit your Coosa County Divorce Attorney or your Tuscaloosa County Divorce Attorney.

Tazewell County Divorce Attorney and Child Custody

"Custody" is the big issue in any divorce involving children. When your child is involved, few things in life can be more personally devastating than a custody battle. If you're thinking of initiating a custody contest, you must consider the financial amd emotional toll it will have on all parties involved, including your child. With a little help most antagonistic of couples can generally agree on issues affecting their children's health, education, and general welfare. Indeed, waging a custody battle may do more harm to a parent's standing in the eyes of his or her child than would directing those efforts toward a civil, joint custody agreement. For further information, contact your Tazewell County Divorce Attorney or your Peoria County Divorce Attorney.

Woodford County Divorce Attorney and Mental Cruelty

One Grounds for divorce in Illinois is Mental cruelty. Mental Cruelty isn't defined in the law. The courts will consider the effect of a harmful action more than the action itself. To sustain an allegation of mental cruelty in Illinois, there must be more than one occurrence the law requires that the cruelty be "repeated." Illinois law also requires that there be no provocation for the cruelty. Mental cruelty isn’t always easy to prove. “Mental cruelty” has been defined as “a course of abusive and humiliating treatment, calculated or obviously of the nature to torture, discommode or render miserable the life of the opposite spouse, which conduct actually affects the physical or mental health of the spouse...” For further information, contact your Whiteside County Divorce Attorney or your Woodford County Divorce Attorney.

Macoupin County Divorce Attorney and Irreconcilable Differences

A grounds for divorce in Illinois is Irreconcilable Differences: The term "irreconcilable differences" to describe what is commonly knows as a "no fault divorce." Irreconcilable differences doesn't require of a significant definition. Technically, to be granted a divorce, you must prove that irreconcilable differences have caused the irretrievable breakdown of the marriage, that past efforts at reconciliation have failed that future efforts at reconciliation would be impracticable and not in the best interests of the family. For further information, contact your Macoupin County Divorce Attorney or your Rock Island Divorce Attorney.

McLean County Divorce Attorney

Many Parents believe that child support ends when children turns 18 unless the child is still attending high school. In those situations, support may be extended to the age of 19. After that, child support terminates in all cases unless there is an agreement to the contrary. However, there are ways to have support continue beyond their 19th birthday even if they will not attend college. For example, where a child suffers disabilities, Illinois law permits child support to continue beyond the age of majority. If you're facing a situation where support may have to continue after a child's 18th or 19th birthday, talk to your McLean County Divorce Attorney who is familiar with the cases because the courts can consider a great many factors in making such determinations. In addition, contact your Kankakee County Divorce Attorney.

Kendall County Divorce Attorney and Simple Divorces

The requirements for a "Simple" divorce are usually no children, no maintenance, no real estate and no retirement investments. Very few marriages fit under this criteria. If you have children, you should have an attorney to assit you with custody, visitation agreements and support orders. Pro se litigants will often overlook the simplest things. They will later realize that the cost of their mistake is several times what a reasonable attorney would have charged to do the job right in the first place.

The requirements for an "Uncontested" divorce are simple. There should be no arguing or negotiating. An uncontested case is should be a completely negotiated from the minute a client walks into an attorney's office. Experience shows that many divorce cases could be uncontested, one or both parties does something to make it a contested divorce. For further information Champaign County Divorce Attorney or your Kendall County Divorce Attorney.

Child Support and your Tazewell County Divorce Attorney

Child Support: Illinois child support guidelines uses the Percentage of Income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support.

If the parties cannot agree to a support amount, the court will apply the support guidelines. If the court makes a finding that the application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent.

If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 505, 507) For further information, contact your Tazewell County Divorce Attorney or your Peoria County Divorce Attorney.

Child Custody and your Ogle County Divorce Attorney

Child Custody: When minor children are involved in a dissolution of marriage, the Illinois courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

The court shall determine custody in accordance with the best interest of the child and shall not consider marital conduct. The court shall consider all relevant factors including: (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

When the court is to determine whether or not a joint custody arrangement is in the best interests of the children it shall consider these following factors; (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing abuse, whether directed against the child or directed against another person; (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and (9) whether one of the parents is a sex offender. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610) For further information, please visit your Ogle County Divorce Attorney or your Kendall County Divorce Attorney.

Bureau County Divorce Attorney

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds. For further information, please visit your Bureau County Divorce Attorney or your Henry County Divorce Attorney.

Sangamon County Bankruptcy Attorney

Chapter 13 bankruptcy is commonly referred to as a wage-earner plan. The reason is that Chapter 13 is generally used by people with stable incomes who want to repay at least some of their debts but are currently unable to do so. One reason that a debtor may file Chapter 13 bankruptcy if the debtor's financial crisis is temporary and the debtor expects income will grow enough in the next few years to pay off all debts. A significant advantage to Chapter 13 is that the debtor is allowed to keep the debtor's property while a court-approved repayment plan is in effect. Only an individual with less than $100,000 in unsecured debts and less than $350,000 in secured debts is eligible to file a Chapter 13 bankruptcy. Corporations and partnerships cannot file Chapter 13 bankruptcies, although this option is available to a small business operated by a sole proprietor. For further information, please contact your Sangamon County Bankruptcy Attorney.

Effingham County Bankruptcy Attorney

When a debtor files a Chapter 7 petition, the court will appoint a trustee to administer the case and liquidate assets. The trustee will call a meeting of the debtor, the debtor's attorney, and the creditors. The debtor is required to attend this meeting. Creditors may attend in order to ask questions, and examine documents concerning the debtor's financial affairs and property. In most consumer bankruptcies, all of the debtor's assets are either exempt or subject to valid liens, so there are no assets for creditors to pursue. In these cases, known as "no asset" cases, creditors usually do not show up at the creditors meeting. If it appears that a case will have assets to pursue, creditors may show up at this meeting to gather information about the case because they plan to ask the bankruptcy judge to declare some of the debts non-dischargeable, they plan to challenge the exempt status of some asset, or they plan to file claims. For further information, please contact your Effingham County Bankruptcy Attorney.

La Salle County Bankruptcy Attorney

A Chapter 7 case starts when the debtor files a petition with the bankruptcy court in Illinois. Any individual, partnership, or corporation can file Chapter 7 regardless of the amount of debt or whether the debtor is solvent or insolvent. The petition should be filed with the court serving the area where the debtor lives or where the principal place of business or assets of the debtor are located.
In addition to the petition, or shortly after the petition is filed, the debtor must file with the court several schedules listing current income and expenditures, a statement of financial affairs, all executor contracts, existing or potential lawsuits by or against the debtor, and any recent transfers of assets. If a debtor does not reveal a debt in these schedules, the bankruptcy court cannot discharge or cancel that debt. Any debt omitted from these schedules is called a non-scheduled debt and will not be discharged via bankruptcy. For further information, please contact your La Salle County Bankruptcy Attorney.

La Salle County Divorce Attorney and No Fault Filings

There are various grounds that spouses can file for divorce. One is a No-Fault. Spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court. For further information, please contact your La Salle County Divorce Attorney.

Tazewell County Divorce Attorney and Residency

In order to file for dissolution of marriage in Illinois, there are residency requirements that must be met for the court to have jurisdiction. If the court discovers it does not have jurisdictional rights to hear the case it will be transferred or it will eventually be dismissed. The requirements are as follows:

The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. For further information, please contact your Tazewell County Divorce Attorney.

Automobile Accidents and your Etowah County Personal Injury Attorney

Even if you are careful driver, sometimes you just can't avoid an auto accident. Most accident victims only suffer minor cuts and bruises. However, each year a large number of individuals are seriously injured and killed when they are involved in car accidents.
According to recent studies, the leading cause of death for Americans under the age of 34 is automobile accidents. In fact, approximately 115 individual die each day as a result of an auto accidents. Furthermore, most people can expect to be involved in at least one automobile accident in their lifetimes. For further information, please contact your Etowah County Personal Injury Attorney.

High burden of proof on School Sports related Injury

High schools hit with a sports injury lawsuit enjoy inherent, institutional advantages that help keep such cases from being settled in favor of the plaintiff — or even from going to trial. An injured student-athlete often is unable to prove negligence on the part of a coach, administrator or school, either because case precedent has already been established in the defendant's favor or, perhaps most significantly, existing state and federal statutes protect schools and their employees.

For example, the Wisconsin Supreme Court last year upheld a lower court's ruling that Brittany Noffke, a high school cheerleader who was injured when she fell from the top of a formation during practice, could not sue the school district for her coach's alleged lack of supervision. Cheerleading is covered by the state's recreational immunity statute, which limits a school's liability for an injury sustained by someone engaging in an athletic or recreational activity on school property. Contact your Local Wisconsin Personal Injury Attorney or Marquette Personal Injury Attorney.

Oklahoma Bankruptcy Stories

Many people in the midst of bankruptcy feel like indentured servants, said Muskogee bankruptcy attorney Gerald Miller. Bankruptcy laws enacted in 2005 have added burdens to taxpayers, he said. He recalled the saddest case he ever worked with from among thousands.

The husband didn’t have much education and worked in a foundry sweeping floors for minimum wage. “No vacation time — no perks,” he said. “His wife came down with cancer. They didn’t have insurance. She had worked before she got sick.”

The couple had never been on any kind of social or welfare program. The wife incurred several thousand dollars in medical bills the couple couldn’t pay, Miller said. The hospital started garnishing 25 percent of his wages, and the couple filed Chapter 7 bankruptcy (complete liquidation), Miller said. His wife went into remission from the cancer, but several years later got sick again.

“Another large hospital bill – another judgment – another garnishment,” Miller said. “He couldn’t take Chapter 7 bankruptcy again — it hadn’t been eight years since he’d taken the first one.” The couple took Chapter 13 bankruptcy — leaving them very little to live on since they had to pay the hospital bill.

“They struggled for two years,” Miller said. The husband started feeling ill. He worked ill for two days, and then went to the hospital. “He died of pneumonia within a few hours. He had just turned 62,” Miller said.

His wife was left with no means of support and lost her home, Miller said. She owed tens of thousands in medical bills. “I still see his face and her face,” Miller said.

“They never complained — no credit card debt — just $30,000 in medical bills they couldn’t pay. They didn’t have enough money to eat on. “The system failed them — the health care system failed them — the bankruptcy system failed them — and we as a society failed them. “It makes you kind of bitter when you see something like that happen.” Miller had some papers for the widow, but when he tried to find her, she had moved. He doesn’t really know what happened to her.

The new law adds to some people’s troubles who take bankruptcy — there are inequities in the new law, Miller said. Where you live sometimes makes a difference, he said. In the U.S. Northern District of Oklahoma, based in Tulsa, bankruptcy judges interpret some of the new laws different than judges in the U.S. Eastern District, he said.

Filing a Chapter 7 bankruptcy is complete liquidation, he said. Some wanting to keep more assets or whose income is above that qualifying for a Chapter 7, file a Chapter 13 bankruptcy, he said.

In Chapter 13, debtors must reaffirm unsecured debts a bankruptcy judge determines they can pay, said Muskogee bankruptcy attorney Mark Bonney.

“You can keep what you can afford to pay off,” Bonney said. “A judge decides how many toys you get to keep when you’re not paying your credit cards and medical bills, (that are not reaffirmed).”

In a Chapter 13 bankruptcy, in theory, the person pays 100 percent of income not needed for living expenses to pay off debts, usually over a five-year period, Miller said. The problem is the amount the person is allowed for living expenses while paying off that debt, Miller said.

“The amount may not be relevant to what the person’s actual costs of living are,” he said. But almost everybody is in better shape afterward than before taking bankruptcy, he said. Miller and Bonney are in private practice, and Bonney is Chapter 13 bankruptcy trustee for Oklahoma’s Eastern District. Miller is Chapter 7 bankruptcy trustee for the district.

Miller has a 56-year-old client who consented to talk to the Phoenix using only his first name, Mark. The information he gave was confirmed by Miller.

Mark said he and his wife both work and made too much money together to qualify for Chapter 7 bankruptcy when they filed for Chapter 13. But his income went down when the economy took a tumble. “My income has dropped — actually, I was on salary and they switched me to hourly because of the economy,” he said. “My hours dropped way off.”

He said that is what prompted his rollover — his income dropped enough he was able to qualify for a Chapter 7. Before his bankruptcy filing, Mark was diagnosed with cancer and piled up astronomical medical bills.

“Every test I took it seemed it was at least $1,000,” he said. “I had medical insurance, but it only paid 80 percent.”

He said he also had some credit card debt when he filed for bankruptcy, but not a lot. He was paying off medical and credit card bills and a boat under Chapter 13.

“We were paying off debts we rightfully owed,” he said. The boat is gone under the Chapter 7 filing. Losing his boat was “OK — it’s just a boat — it’s a perk, a luxury,” he said. “I wish I could be like the government and spend money not even thinking about paying it back — but that’s not reality,” he said.

In Chapter 13, he and his wife also had to pay a trustee fee of more than $300 a month, as well as the monthly bills. When his income dropped, it became too much, he said. For further informatin, please visit your Local Bankruptcy Attorney or your Local Oklahoma Bankruptcy Attorney.

http://muskogeephoenix.com/local/x1671039186/Medical-bills-lead-to-bankruptcy-for-some

QB Brunell files for Bankruptcy

Before filing for bankruptcy protection, NFL quarterback Mark Brunell made sure to take good care of his family, spending more than $50,000 in gifts during the past year, including payments for his parents' mortgage and contributions to college funds for his niece and nephew. Left holding the bag are those who lent Brunell nearly $25 million for various investments that went belly-up.

Those are among the revelations in a detailed look at Brunell's bankruptcy filing in the Florida Times-Union, which reports that Brunell has assets of $5.5 million but owes $24.7 million, mostly through a real estate and development partnership he's involved in.

"They bought some land and they got killed, like a lot of people did," said attorney Rick Wilcox, who handled the bankruptcy filing for Brunell.

It's true that a lot of people got burned in bad land deals, but it's a little disingenuous for Wilcox to suggest that Brunell was just a victim of bad luck when the real estate market crashed. Brunell was also the victim of his own personal spending habits, including a $3.1 million home, those gifts to family members, and $155,000 he donated to his church last year.

Brunell is currently a free agent who's expected to sign with the New York Jets when training camp starts. For further information, please visit your Broward County Bankruptcy Attorney.

Former Pittsburg NFL Pro Bowler files for Bankruptcy

Retired former Pittsburgh Steelers All-Pro center Dermontti Dawson filed for Chapter 7 bankruptcy this week in U.S. Bankruptcy Court in Lexington, Ky.

Per the Lexington Herald-Leader, Dawson has assets of $1.417,891 million with liabilities of $69.659 million. He lists a monthly income as $17,972 and expenses of $19,635.18. Like bankrupt former Jacksonville Jaguars quarterback Mark Brunell, Dawson's debts are primarily linked to failed real estate ventures.

"Unfortunately, my personal guaranty exposure on the debts of numerous real estate interests has led to the Chapter 7 filing," Dawson said. "Today's real estate market and economic conditions, plus the fact that I own non-controlling minority interests in the entities which own the real estate, left me with limited options. I certainly wish things had turned out differently and look forward to continuing my contributions to this community."

Dawson made it to seven Pro Bowls in 13 seasons with the Steelers before retiring from the NFL in 2001. He was a finalist for the Pro Football Hall of Fame last year and this year. He was once the highest-paid offensive lineman in Steelers history with an average salary of $4.2 million per year. For further information, contact your Fayette County Bankruptcy Attorney.


http://www.nationalfootballpost.com/Dermontti-Dawson-files-for-bankruptcy.html

Car Accident in Prince William County

Around 5 p.m., a car making a turn from Jefferson Davis Highway onto Rosedale Court in Woodbridge struck a Prince William County Police cruiser that was responding to an emergency call. The officer was transported by ground to an area hospital with non life-threatening injuries. The driver of the other vehicle was flown to an area hospital, also with non life-threatening injuries. The cause of the accident is under investigation. For further information, contact your Prince William County Personal Injury Attorney.

Obtaining an Order of Protection in Illinois

Go to the courthouse (you may want to call the courthouse first to see if you need an appointment or to get instructions):

1)in the county where you live, or
2)in the county where the abuser lives, or
3)in the county where the abuse happened, or
4)in the county where you and the abuser had other family court cases.



Ask the court clerk for "Order For Protection" forms. Fill out the forms. Detailed instructions are available and the court staff or an advocate (a non-lawyer helper) may help you file a Petition (that tells the court what you want) and an Affidavit (that tells the court what happened). If you need immediate protection because you believe you are in danger, ask for an Emergency (Ex Parte) Order. This is an order signed the same day you apply, before the abuser knows about the action. An Emergency (Ex Parte) Order will give you immediate protection once it is served on the abuser until there is a hearing. There are no fees for an Order For Protection.


YOU DO NOT HAVE TO HAVE A LAWYER.


In most cases, the court will set a hearing date for no more than 14 days after you apply for an Order For Protection; seven days if you have received an Emergency (Ex Parte) Order For Protection. The law gives you the option of obtaining an Order For Protection without ever having a hearing. See below for more information on this option. When you go to the courtroom, it is helpful to bring with you:

1) a picture of the abuser, if you have one;
2) the abuser's home address and work address;
3) written notes describing the abuse and when it happened; and
4) any pictures, police reports, or medical reports related to the abuse.

For further informaion, contact an Illinois Order of Protection Attorney.

7000 Bankruptcy Filings per Day

In a sign of a worsening financial climate, personal bankruptcy filings have reached almost 7,000 per day, according to an article in The NY Times. With some projections of as many as 1.5 million or more this year, the numbers remain well below the record of 2 million set in 2005. But that year’s high was prompted by filers trying to beat the deadline for the proposed changes in bankruptcy law which were to make filing much more difficult. The rising numbers reflect both the depth of this recession, continuing high unemployment and a growing number of consumers seeking protection from lenders pursuing deficiency judgments.



The recession that just won’t go away continues to create financial chaos and uncertainty in all area of the economy; and homeowners struggling under burdensome debt loads are seeking bankruptcy protection in numbers that are approaching their former highs. And while it’s difficult to determine the exact number, many may be using the courts to rid themselves of debts which surface following a foreclosure or short sale. An article in the Chicago Tribune points out how some homeowners see bankruptcy as the best means of protecting their financial futures.



With banks drowning in real estate and suffering huge losses, some have become aggressive in pursuing mortgage holders for their losses, a growing problem I described in an ARTICLE posted last year. Other lenders have chosen to sell packages of such debt to collection agencies, a practice that may extend the process for several years, sometimes not surfacing until borrowers have long since assumed their ordeal to be history. Additionally, lenders holding second liens are at the end of the financial pipeline, and often receive little or nothing from the sale. Those with notes of significant dollar value are more likely to pursue a borrower.



With millions of homeowners owing more than their home is worth, and the prospects dim for loan modification, increasing numbers are seeking protections under Chapter 7 of the bankruptcy code, a process that wipes out the debt. And increasing numbers of those wishing to get on with their lives and begin restoring their financial health are seeking the courts help in doing so. If you are in the need of a Bankruptcy Attorney in Kane County, contact your Kane County Bankruptcy Attorney.

http://beforeitsnews.com/news/87/050/Personal_Bankruptcies_Rise_To_Combat_Deficiency_Judgments.html

Bankruptcy filings surge in May

A surge in personal bankruptcy cases led to a 7 percent increase in overall filings in May in South Central Texas.
The U.S. Bankruptcy Court for the Western District of Texas in San Antonio reported 485 filings in May, compared with 452 petitions filed in May 2009. In April, 433 cases were filed.

It's the most filings since October, when 501 cases were recorded.

Chapter 13 cases, generally for individuals planning to repay part or all of their debts, jumped 22 percent to 288 in May from 236 a year earlier.

Only two Chapter 11 cases were filed last month, down from 15 in May 2009. Chapter 11 is generally for companies seeking to reorganize.

The number of Chapter 7 liquidation cases dipped to 194 last month from 198 in the previous year. The stats don't detail the number of individual and business filings under Chapter 7.

The bankruptcy court's San Antonio division includes 21 counties that extend west to Terrell and south to Dimmit. For further information, visit your Local Texas Bankruptcy Attorney.

http://www.mysanantonio.com/business/local/bankruptcy_filings_rose_in_may_96839279.html