Lexington Law Blog

Chapter 7 and Student Loans

Student loans are not automatically discharged in a bankruptcy. It requires an adversary proceeding, which is a lawsuit within a lawsuit, in order to determine if student loans are discharged. The factors that have to be met make discharge of student loans relatively rare. However, that is not the purpose of this post. Rather, I wanted to explain what does happen to the student loans. Once the holder of the student loan is notified of the Chapter 7, the loan is recharacterized in their computer system and no action will be taken until the bankruptcy ends. Sometimes the characterization of ...
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Alliance Peacemaking: Conflict Coach

I have benefited immensely from the alternative conflict resolution training offered by Alliance Peacemaking. Even though I am already a certified Family and Divorce Mediator in Kentucky, I have sharpened skills, gained insights, and adopted some effective approaches through the training that enhance my practice. The first level training is available and beneficial to everyone, whether or not they wish to become a mediator; anyone wishing to improve communication, relationships, and their spiritual walk. I am now a certified Conflict Coach through Alliance Peacemaking. This means I am qualifited through the Christian & Missionary Alliance to provide that first level ...
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Divorcing Without a Lawyer: Mediation

As a supplement to my first post on Divorcing Without a Lawyer, I wanted to offer another cost saving approach when you do not or cannot pay for a lawyer. A good, qualified family law mediator can help avoid some of the pitfalls of a purely pro se divorce. When I do a divorce mediation, I know all the categories and issues that can come up in a divorce and I present those to the couple. I go through each topic and ask them if they have discussed it and then I know where to start the dialogue. By touching on ...
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Bitcoin and Bankruptcy

There is probably already a post out there regarding bitcoin and bankruptcy because it seems all the rage these days. However, I have not seen one, so I will claim the first. Perhaps though, it is because there is really only one thing to say about bitcoin and bankruptcy. As opposed to the complexity of every other aspect of bitcoin, this is really quite simple: bitcoin is an asset in a bankruptcy so it must be disclosed. I hope that is sufficient explanation. Now that I think of it, though, there could be one rather challenging aspect of bitcoin and ...
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Divorcing Without a Lawyer

Many people get divorced without hiring a lawyer. This is perfectly legitimate and it might save a whole lot of money. Those who are likely candidates for going the self-help route are those couples who are in entire agreement on how to divide property and debt and on a parenting plan if they have children. One caveat to this scenario: make sure you know what the value of assets are that you are agreeing upon. It is an all too common occurrence that one spouse has had significantly higher income or significantly better retirement benefits through their work. Retirement accounts ...
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Family Law, Mediation, and so much more

Family law encompasses a wider array of services beyond divorce, legal separation, child custody, timeshare and child support. I provide high quality and affordable family mediation services. Furthermore, I have extensive experience in both domestic and international adoptions and I streamline the process, making it a time to celebrate. On the other end of the spectrum, since 2006 I have represented parents as well as children from neglect and abuse actions all the way termination of parental rights. Family is important to me. Divorce proceedings can be especially painful for everyone involved. While some view it as merely a legal ...
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Plan Payments by Payroll Deduction

This blog post about monthly plan payments is a crucial one. Many of the persons that I assist in a Chapter 13 do NOT want their employer to know they filed bankruptcy. However, I have never seen an employer have a problem with it and the payroll deduction is the best way to prevent problems with the plan later down the road.
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Domestic Violence & Mediation

Judges in Kentucky Family Courts are precluded by law from ordering parties to mediate when there is a Emergency Protective Order (EPO) or Domestic Relations Order (DVO) in place between a couple. In fact, even if there is no EPO or DVO but a court has made a finding that there has been domestic violence, KRS 403.036 keeps a judge from ordering mediation unless the victim volunteers to mediate. The reason for this is obvious, the main issue in a domestic violence situation is the exertion of control by one person of the through intimidation. Physical contact does not have ...
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