Categories
Jurisdiction over Child Custody and/or Visitation in Virginia
“Does Virginia have jurisdiction over my custody and/or visitation matter?” The answer to this question is largely determined by the existence, or lack of, a prior Virginia custody/visitation order. When there is NO Prior Custody/Visitation Order If both parents and...
Virginia Child Custody Relocation Considerations
The most important factor in a Virginia child custody relocation scenario is deciding if you can leave with your child if there is an existing court order in place. In Hampton Roads, Virginia, it is very common particularly for Military and Department of Defense...
Effects of Remarriage on Child Custody and Child Support in Virginia
The effects of a remarriage on child custody and support in Virginia is a topic that comes up frequently at our practice. Co-parenting after a divorce is often a tricky issue, at best. However, it becomes even more stressful after one of the parties remarries. There...
Fair Debt Collections Practices Act and Bankruptcy
After a debtor files bankruptcy, creditors may file a Proof of Claim (POC) with the bankruptcy court to assert that the debtor owes them money. When filing a Proof of Claim, the creditor must provide certain information and documentation to the bankruptcy court...
Military Retired Pay in Divorce
Unfortunately, here in Virginia we see many military couples seeking divorce. One issue that is unique to military divorce is dividing the service member’s retirement. The Uniformed Services Former Spouses’ Protection Act allows State Courts to divide the military...
Insurance and Annuity Exemptions
Until recently when a debtor filed a chapter 7 bankruptcy he would not be able to exempt (protect from his creditors) the cash surrender value of his life insurance policy. If the debtor did not have enough room on his Homestead Deed, then he would have to turn over...
Last Will and Testament
By John Lee While Virginia allows a person to draft his own Last Will and Testament it is certainly not advisable. There are many unforeseen pitfalls to even basic estate planning. An attorney can help you come up with an Estate Plan that sets your mind at rest and...
Business Formation
While the majority of my practice consists of bankruptcy and divorce, I have had the pleasure of assisting with a few businesses startups. Also, over the course of handling thousands of bankruptcies; I have seen new startups make the same mistakes over and over. It...
When Can a Bankruptcy Judge Hear a Non-Bankruptcy Matter?
Article III of the United States Constitution establishes the U.S. Supreme Court and the lower court system for federal matters. Article III Judges have a lifetime appointment and have the authority to render final decisions on matters arising under the laws of the...
Road & Bridge Tolls: Virginia Lawmakers Declare War On the Working Poor Part – Two
Depending on the tolling facility, the collection agency and the court; a $36.00 toll could balloon into a $17,000.00 bill including fees and penalties; or a $50.00 toll could become a $31,000.00 debt including administrative fees. In Virginia, one woman saw $256.00...
Categories
Jurisdiction over Child Custody and/or Visitation in Virginia
“Does Virginia have jurisdiction over my custody and/or visitation matter?” The answer to this question is largely determined by the existence, or lack of, a prior Virginia custody/visitation order. When there is NO Prior Custody/Visitation Order If both parents and...
Virginia Child Custody Relocation Considerations
The most important factor in a Virginia child custody relocation scenario is deciding if you can leave with your child if there is an existing court order in place. In Hampton Roads, Virginia, it is very common particularly for Military and Department of Defense...
Effects of Remarriage on Child Custody and Child Support in Virginia
The effects of a remarriage on child custody and support in Virginia is a topic that comes up frequently at our practice. Co-parenting after a divorce is often a tricky issue, at best. However, it becomes even more stressful after one of the parties remarries. There...
Fair Debt Collections Practices Act and Bankruptcy
After a debtor files bankruptcy, creditors may file a Proof of Claim (POC) with the bankruptcy court to assert that the debtor owes them money. When filing a Proof of Claim, the creditor must provide certain information and documentation to the bankruptcy court...
Military Retired Pay in Divorce
Unfortunately, here in Virginia we see many military couples seeking divorce. One issue that is unique to military divorce is dividing the service member’s retirement. The Uniformed Services Former Spouses’ Protection Act allows State Courts to divide the military...
Insurance and Annuity Exemptions
Until recently when a debtor filed a chapter 7 bankruptcy he would not be able to exempt (protect from his creditors) the cash surrender value of his life insurance policy. If the debtor did not have enough room on his Homestead Deed, then he would have to turn over...
Last Will and Testament
By John Lee While Virginia allows a person to draft his own Last Will and Testament it is certainly not advisable. There are many unforeseen pitfalls to even basic estate planning. An attorney can help you come up with an Estate Plan that sets your mind at rest and...
Business Formation
While the majority of my practice consists of bankruptcy and divorce, I have had the pleasure of assisting with a few businesses startups. Also, over the course of handling thousands of bankruptcies; I have seen new startups make the same mistakes over and over. It...
When Can a Bankruptcy Judge Hear a Non-Bankruptcy Matter?
Article III of the United States Constitution establishes the U.S. Supreme Court and the lower court system for federal matters. Article III Judges have a lifetime appointment and have the authority to render final decisions on matters arising under the laws of the...
Road & Bridge Tolls: Virginia Lawmakers Declare War On the Working Poor Part – Two
Depending on the tolling facility, the collection agency and the court; a $36.00 toll could balloon into a $17,000.00 bill including fees and penalties; or a $50.00 toll could become a $31,000.00 debt including administrative fees. In Virginia, one woman saw $256.00...