December 2016 Archives

Status quo of sole custody after divorce shifts to shared parenting

Parenting is very likely the hardest job in the world.  In many ways the most rewarding, but the hours are awful.  Rarely, will you and your partner agree on how to raise the children. Should they go to church and if so what kind? Should they go to a private or public school? Should they play sports or focus on music development? These are just a few of the many questions that parents must navigate when raising their progeny.

Can I File a Civil Action Outside of Workers Compensation

Whether a person can sue when they get hurt at work is very fact specific.  Kentucky has an "exclusive remedy" of workers compensation for those injured at work.  Sometimes if the injury is due to the actions of a third party, a person may have both a workers compensation and third party liability claim.  Sometimes though a third party is protected by being deemed an "up the ladder employer."  Persons hurt by actions of third parties should contact an attorney for both advice in regards to workers compensation and a civil action.  Whether such "exclusive remedy" and/or "up the ladder" laws apply are very fact specific and it is important to contact Gatlin Voelker PLLC to learn of your rights.

Can I Keep My House and/or Car in A Chapter 7 Bankruptcy

The simple answer is yes, many times people say I do not want to file on my house/car.  Bankruptcy law requires that you list all your debts, which includes your mortgage and car payments.  A Chapter 7 bankruptcy also include a Statement of Intention for all of your secured debts. On this form, a Debtor will advise creditors whether they intend to keep their secured home or car, and advise the manner in which they desire to retain the house or car.  Reaffirmation is when the Debtor enters into an agreement that will continue on once the bankruptcy is discharged and a redemption is when a person asserts a value to secured property and if the creditor does not oppose, the person can pay the creditor that amount of money and retain a car or other similar personal secured property.  There are funding entities that will lend monies for a debtor to redeem collateral.  Gatlin Voelker PLLC will help you determine the best manner in which you may keep your home, car or other secured property.

How probable cause is determined

Probable cause is what is needed to conduct a search of a property or person. It is required in Kentucky and every state by the Fourth Amendment to the Constitution. It is not a precise term, meaning that it can carry different connotations, so it is left to the Supreme Court to decide its meaning.

The pros and cons of an S corporation

Running a business in Kentucky means lots of decisions, from the design elements of a website to the exact marketing slogan and plan. Some of the most important decisions are the financial aspects of the business plan, and that includes whether or not to form an S corporation. There are several advantages and disadvantages to this type of classification.

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Gatlin Voelker,PLLC

Gatlin Voelker, PLLC
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