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Prior Bankruptcies and the Automatic Stay
By John Lee Many debtors have previously filed a bankruptcy and want to know how that will affect them in filing another bankruptcy. A debtor may not receive a discharge in a present Chapter 7 Bankruptcy if they have previously received a Chapter 7 discharge in a case...
Virginia’s Outdated Homestead Exemption
By John Lee In 1977, Virginia increased their Homestead Exemption from $3,500.0 to $5,000.00. Thirty-Seven years later, in 2014, the Homestead Exemption is still only $5,000.00. Five thousand dollars in 1977 would have the same buying power as $19,637.52 in 2014...
Debtor’s Right to Certain Exemptions
U.S. Supreme Court Decision: Law v. Siegel, Chapter 7 Trustee By John Lee On March 4, 2014, the U.S. Supreme Court decided that a Bankruptcy Court could not surcharge a debtor’s properly-claimed exemption in property for the Chapter 7 Trustee’s administrative...
How Anti-Terrorism Laws Have Gone Too Far
By John W. Lee Start a fire to burn brush on your own property and get charged as a Terrorist. In the case Hammond v. United States of America, the defendant has appealed to the U.S. Supreme Court in hopes of having the Court answer two pressing questions. First, when...
The Trustee’s Power – Part 3
The Trustee's Power to Sell the Debtor's House over validly Perfected Homestead Exemption (Part Three) By: John Lee This is the third installment in my three part series on Trustee's Avoiding Powers and Homestead exemptions. If you have not read parts one and...
The U.S. Patriot Act and “Sneak-and-Peek” Searches
By John Lee I love to watch cop shows, especially the ones where the federal agents are tracking down bad guys. I particularly like the scene in almost every show where the federal agent shows up on the door step of the suspect and shows him a search...
Virginia Law and Civil Asset Forfeiture: Legalized Theft
By John Lee Civil asset forfeiture occurs when the government confiscates a citizen’s cash or property without charging them with a crime. Both State and Federal law allow for law enforcement to seize the property of citizens at their whim even when the owner of the...
US Supreme Court Weighs in on State Voter ID Laws
By John W. Lee The US Supreme Court weighs in on State required Voter Identification When I was a teenager, like all my friends and everyone I knew, I went to the DMV and got a Driver's License, which also was also useful as a State Issued Identification. Since...
Alcohol Laws & Federal Regulation
By John W. Lee After a long hard day at work I like to sit out on my deck and over look the woods and creek in my back yard. Oftentimes I will enjoy a glass of bourbon and a cigar at the end of the day. As a self-described libertarian, I tend to be very suspect...