Charlotte Attorney's Informative Blog

by small business trends

Washington, D.C. (PRESS RELEASE – April 8, 2011) – Small businesses that have previously filed for bankruptcy are no more burdened than other small firms by poor cash flow, high health insurance costs, or excessive taxes, and they attain similar firm sizes, according to a study released by the U.S. Small Business Administration’s Office of Advocacy. However, they have about a 24 percent higher likelihood of being denied a loan and are charged interest rates at least 1 percent higher than other firms. The report finds that firms owned by African and Latino Americans are even more likely to be denied loans and charged higher interest rates.

“Small businesses filing for bankruptcy have an opportunity for a new start. This new start is hampered by the challenges of obtaining new loans. This can impede innovation and job creation,” said Chief Counsel for Advocacy Winslow Sargeant.

The study, Beyond Bankruptcy: Does the Bankruptcy Code Provide A Fresh Start to Entrepreneurs? by Aparna Mathur, finds that owners of 2.6 percent of firms have filed for bankruptcy at some point in the previous seven years. Credit rationing of previously bankrupt firms leads to a class of discouraged borrowers who are significantly less likely even to apply for a loan, according to the study.

The research relies on data from the National Survey of Small Business Finances as a basis for the analysis. Surveys were conducted by the Federal Reserve Board in 1993, 1998, and 2003.

About the Office of Advocacy, Small Business Administration

The Office of Advocacy of the U.S. Small Business Administration (SBA) is an independent voice for small business within the federal government.  The presidentially appointed Chief Counsel for Advocacy advances the views, concerns, and interests of small business before Congress, the White House, federal agencies, federal courts, and state policymakers.

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posted by North Carolina Divorce

by The lawyers of Gailor, Wallis & Hunt

The following signs represent a deteriorating relationship:

There is a Time Line:

As soon as one spouse acknowledges and states the couple’s problems, the countdown towards the end of a marriage begins. The more time that passes after the issue is out in the open increases the possibility of dissolution says Bryce Kaye, Ph.D., author of The Marriage First Aid Kit. If the second party does not respond, the odds of the marriage surviving decrease.

There is a Disconnect:

Couples whose marriages are nearing the end typically uncouple, or disconnect from each other. Both parties stop spending time together. Elayne Savage Ph.D., author of Breathing Room: Creating Space to Be a Couple says: If it feels like a relief when you are not with your partner or spouse, you have already disengaged from the relationship.

The Issues Causing Conflict Go Unresolved

According to Alisa Bowman, author of Project: Happily Ever After, “If one spouse repeatedly brings attention to an issue, asks for a discussion and makes it clear the relationship will not last unless there is a resolution to the problem, the marriage will not last unless the couple commits to resolving it. If the other partner does not agree to the terms, the marriage faces low odds of succeeding. One partner can’t do all the trying on his or her own,” says Bowman. “You can’t go anywhere like that.” A good rule of thumb: If it’s been a year with no progress, it may be time to call it quits.

There is a Lack of Respect

One of the most important aspects of a healthy relationship is respect for one another. If one partner consistently feels dismissed, overlooked or rejected, then the relationship is “toxic” says Savage.

There is no Teamwork

Savage also says that when a relationship begins to deteriorate, both parties begin to head in separate directions rather than working together to meet joint goals. If you are no longer working together on issues such as career ambitions, personal goals and parenting, the odds of your marriage surviving will decrease.

There Is No Compromise

A major part of a productive marriage involves each party trying to fulfill the other party’s needs, while also ensuring their own needs are met. If one partner continually refuses to listen to the other’s needs, or compromise so both parties needs can be met the relationship will struggle.

There Is Infidelity by One Or Both Spouses

If infidelity occurs in the marriage, trust between the partners will be destroyed and the relationship or marriage will be severely damaged. The unfaithful spouse must commit to no longer have contact with the person with whom the affair occurred, to not repeat the behavior, to be completely honest with his or her spouse and work to regain his or her trust. If the spouse is a serial cheater or blames the other spouse for his or her adultery then the infidelity is very difficult to overcome and typically results in separation and divorce.

You Disagree on Having Kids

At the end of the day, if one spouse wants children and the other does not, it will be difficult for the relationship to survive. If having children is a definite goal of yours, and your partner is adamantly opposed, you may be looking at the end of your marriage says Kaye.

Lack of Communication

If you are not in a relationship where conversations about personal, intimate and serious issues occur, the couple may not be fulfilling each other’s needs. Open and honest communication is necessary to fulfilling a healthy relationship. If the only conversation that takes place between you and your spouse or partner is about the mundane aspects of life then the marriage is most likely in trouble.

If one or more of these situations are affecting your marriage or committed relationship and you believe you may be headed for separation and/or divorce, it is important to seek counsel from an attorney experienced in family law including separation and divorce.

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posted by Charlotte Divorce, Concord NC Divorce

by Henry Gorbein

Why do some couples weather the divorce process relatively smoothly and simply, and others get caught in a violent cycle of emotional legal proceedings? Here are some of my thoughts on the never-ending divorce.

Divorce is an intimidating legal process. It can be a humbling religious process. It is also an emotionally devastating process, often leaving psychological scars that never heal. Studies have identified the three most traumatic experiences within a person’s lifetime, the death of a child, the death of a spouse in an intact marriage, and a divorce. Divorces are traumatic, emotionally, economically, and spiritually.

The first situation is one where both spouses are ready to end the marriage, both legally and psychologically. In this case, it is just a matter of sitting down, filing some paperwork, and going through a very simple process with little or no court intervention.

The next is where one spouse has moved on and the other has not or is unwilling to let go emotionally. These situations will produce fireworks, name calling, often numerous court appearances and psychological damage to both spouses and their children. Once the other spouse is willing to let go, then the battles end and people move on with their lives.

The third and worst can lead to what I call the "never ending divorce." This is where one or both spouses cannot move on either because of emotional problems, addictions, bitterness, and anger which keep the divorce going on forever. Long after the divorce has been legally finalized, battles will continue for years. Issues involving child support, parenting time, custody, alimony, enforcement of the property settlement, allegations of fraud, and parental alienation will keep the battleground going forever. The never ending divorce is the one that attorneys and judges dread. The bitter conflict goes on and on, continuing to destroy lives, dreams and progress. The biggest victims, of course, are the children.

Refuse to participate in a never ending divorce. I urge anyone going through a divorce to build a life-sustaining support system. Engage in counseling with a therapist specializing in divorce. Therapy identifies whether the marriage can be saved, helps build and improve self-esteem, and identifies psychological weaknesses which may be sabotaging you where you make the same mistakes over and over again. Try to move forward, and always remember that no matter how painful your divorce is to you, it is that much more painful to your children. As we celebrate a new year and a new decade, try not to have your divorce be a never ending one. Do whatever you can to avoid it.

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posted by  Charlotte Divorce

22.01.2011 | Author: morizgillien | Posted in Divorce

A divorce lawyer is a legal professional who specializes in issues pertaining to divorce, including divorce, dissolution, and annulment. Many divorce lawyers are family law practitioners, focusing on a variety of issues related to marriage and family

A divorce advocate is a legal authority who specializes in issues pertaining to divorce, including divorce, adjournment, and annulment. Many divorce lawyers are family law practitioners, who offer a consolidation of effort on a diversity of issues related to marriage and family, varying from adoption to wills. People who are in the midst of a legal separation are encouraged to work with a lawyer who is knowledgeable about the process, to insure that their legal rights are protected and to promote an amicable settlement, if possible.

In order to become a divorce lawyer, a lawyer must first be associated with law school, ideally analyzing family law topics over the course of his or her education, and qualify to practice law by taking the bar exam. Most bar exams include a written exam and a character evaluation to make certain that the candidate is morally fit to practice law. Once qualified, the lawyer will seek work in a practice that handles family law matters, getting practical experience in the field.

The first job of a divorce lawyer is usually drawing up divorce papers requested by one of the parties in a divorce. In some cases, couples agreeably decide to divorce, in which case the couple may request the lawyer jointly to ask for legal assistance, but in a more contentious divorce, the divorce lawyer may be consulted by one party only. The request for dissolution or divorce can be served to the other party after it has been written up and signed by the person soliciting the divorce.

One of the key aspects of this profession is the creation of an arrangement when a couple decides to abrogate a marriage. Part of the settlement will include the division of assets, discussions about child custody, and a settlement of alimony and/or child support. A divorce lawyer may also create a prenuptial agreement, or become involved in other stipulations of the divorce. If, for instance, a couple has fertilized embryos in storage from an infertility treatment, the divorce lawyers for both sides would be involved in choosing what happens with those embryos.

In the case of a contentious divorce, a divorce lawyer may represent a client in a court deals with family-related issues like adoption and child custody. A divorce lawyer may also assist his or her client with structuring a prenuptial agreement at the start of a marriage, ensuring that if the marriage does not end well, much of the legal groundwork for a reasonably amicable divorce will have already been laid.

Call or contact us or visit our WEBSITE for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more. 704-461-1883

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Posted by North Carolina Bankruptcy

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

Unless you are a mortician most people do not like to think about death, especially when considering filing bankruptcy.  However there are times when death comes into play whether it be the death of the debtor or the death of a loved one.  Inspiration for these blogs come from the everyday experiences in my practice and life.  The same holds true for this blog.

This week a friend of mine passed away.  Because her passing was unexpected and sudden and it has given me pause to think of ways of improving my practice and assist my clients in planning for the unexpected.  She like many thought she had time to get her personal affairs in order with respect to her final wishes.  Unfortunately the universe had a different time line than she did.  So it is in her honor that I write this blog.

When one is in bankruptcy and dies they still may be eligible for a discharge whether it is a Chapter 7 or a Chapter 13.  If the debtor dies after the filing of the bankruptcy they still may be eligible for a discharge of their debt.   This discharge of debt will assist loved ones in preventing debt collectors from attempting to collect from one’s estate.

The difference between the Chapter 7 and Chapter 13 Bankruptcy is that in a Chapter 13 you must request a Hardship  discharge .   Kent Anderson has written a great article explaining the three prong test for a Chapter 13 hardship discharge.  As Kent has eloquently outlined the hardship discharge there is no need to reiterate this point.

The point of this blog is to illustrate that bankruptcy is a great opportunity to get all of one’s personal affairs in order.  To prepare for bankruptcy you have to gather so much information and paperwork that it makes sense to go ahead have your estate planning documents drafted.  This way your entire financial house can be placed in order.  If you are not in bankruptcy and do not plan to file for bankruptcy you still should get your personal affairs in order now before it is too late.

Our lives our so busy and stressed filled that often we do not stop to think what will happen if I die today.  Who do I want to take care of my children?  Where do I want to buried?  Who do I want to make my medical and financial decisions if I have to be hospitalized?  How will my family be able to shut down my virtual online life?  The are many questions that we put off until tomorrow hoping to not have to face this decision with respect to our loved ones or ourselves.

At a minimum everyone who is over the age eighteen should have certain documentation:

1. A Last Will and Testament or Trust. These documents will advise your loved ones what you want done with your worldly possessions as well as your final requests.  The Will itself can be complex or simple as Chief Justice of the Supreme Court Warren Burger’s will.
2. An Advanced Directive or Living Will that explains what your requests are when your medical condition is critical.
3. A Durable Power of Attorney so that someone may make financial and medical decisions for you if you are incapacitated.
4. A list of all your insurance policies and all the policies should be placed together.
5. All bank accounts should have someone listed as the person to receive the account upon transfer upon death.  This is also known as TOD.  All bank accounts should be listed as well as the user name and password for any online accounts.
6. All safety deposit boxes should be listed.
7. Transfer upon death should be listed on all your vehicles and copies of all titles or loan paperwork should be gathered.
8. If you own a home you should see if your state allows for a beneficiary deed.
9. List all online websites, social networking sites and accounts with the user names and passwords.
10. List the user name and passwords to all your computers.
11. A lit of friends that you would like contacted upon your passing.
12. I also recommend that that you write a letter to each loved one especially if you have children to give your thoughts along to them directly after you pass.  To this day I have a Christmas card that arrived 3 days after my father passed.  It was the last time I had heard from my father and the first time he truly expressed how he felt.  I have that card framed and in my office where I view it everyday.  I consider it the greatest gift that my father had given me.
13. Place all the above documentation in one spot such as a safety deposit box.  Then let someone know where that safety deposit box is located.

Estate Planning is a specialty just like bankruptcy.  Therefore you need to seek the advise of an attorney who is trained in estate planning.  Although it will cost to have this service provided, the peace of mind that your family members receive is priceless.  Again many of the documents you need to gather to file for bankruptcy are the same documents that you need to gather for Estate Planning.

The American Bar Association provides information so you can begin to educate yourself about estate planning.  You may also want to check the bar association in your particular state to see if they provide state specific information and/or forms.

It is critical that you speak to your family members or friends now about your wishes.  Do you want to be cremated or buried?  Where do you want to be buried?  Do you want a funeral, wake or a celebration of life?  Luckily for my friend she had just discussed with her children what she wanted to take place in the event of her passing.  This discussion alone has provided comfort to her children as they can abide by her wishes.  Does your family know what you want when you pass?

Death is never a comfortable subject but I am urging you to prepare for your passing now and not procrastinate until it is too late.  I too need to take these steps so do not feel like you are the only one.  Although I have insisted on Estate Planning for each member of my family I always seem to be too busy to plan for my own passing.

Remember that knowledge is power and the more knowledge you have about handling your affairs when you die the more power you will have in controlling how your final affairs are to be handled.  This in turn will provided comfort to your loved ones in their time of loss.

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reposted by Concord NC Attorney

Posted by Janet Brewe

Divorce is one of the most stressful events a person can experience.  As the average person makes the adjustment from married to single life, one of the most important issues is often overlooked.  That issue is estate planning.

When did you last update your estate plan?

Although the court handles the division of assets in a divorce, modifying or reworking an estate plan is not within its purview.  So, when a client tells me that he is divorced or that Jane is his second (or third) wife, my first question is, “When did you last update your estate plan?”  Unfortunately, in most instances, the estate plan is outdated.

For whatever reason, people simply don’t appreciate how important it is to update their estate plan after a divorce.  Oftentimes, updating the estate plan is a simple matter of executing a codicil to a will, amending a trust document, and changing the beneficiaries on life insurance policies, retirement accounts, and other financial accounts.

Depending on where you live, former spouse may not be automatically disqualified

It’s important to note that twenty states have enacted legislation which automatically disqualifies a former spouse and the relatives of a former spouse from being beneficiaries on life insurance policies unless the divorce decree states otherwise.  But thirty states have not.  And even if your state does automatically disqualify your former spouse as a beneficiary, it may not disqualify him or her from being the beneficiary on your retirement plan (since many retirement plans are controlled by federal – not state – law).

So, it’s extremely important to revisit your estate plan after a divorce to ensure that it is current and that your intentions will be carried out.  If you live in a state that automatically disqualifies a former spouse or a former spouse’s relatives from being a beneficiary on a life insurance policy and your life insurance policy designates a former spouse or a former spouse’s relative as a beneficiary, you need only update the beneficiary designation after the divorce.  This will reflect the new relationship between you and your former spouse and prove that you intended to leave the policy to your former spouse or his or her relative even though the two of you are no longer married.

Updating other key documents

In addition to revisiting your will, trust, and life insurance policies after a divorce, it’s also important to update your IRA and 401(k) beneficiary designations, your durable power of attorney for property matters, and your health care or medical power of attorney.  Failing to make changes to these documents may mean that your former spouse will receive your retirement benefits or be managing your finances and making important health care decisions in the event that you become terminally ill or are in a coma or persistent vegetative state.  This can be especially trying if you have remarried or are not on good terms with your former spouse and would be uncomfortable having him or her in control of your money and/or medical care.

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<p>Posted by <a href=”http://maxwelllegal.com” target=”_self”>Charlotte Divorce Lawyer</a></p>
<p>taken from http://tonywanhjor.com</p>
<p>Okay we leave 2008 articulate about a Real Housewives of Atlanta as  well as we move in 2009 articulate about them though speak we must! Good  Greif! The airwaves in Atlanta have been all abuzz about a divorce  allotment of former Atlanta Falcon Bob Whitfield as well as Atlanta  Housewives’ Sheree Whitfield. Sheree was important for observant she was  land out for a 7-figure divorce settlement. Well everybody is weighing  in upon which allotment as well as Sheree’s preference to interest a  allotment as well as how her counsel portrayed her in a divorce  hearings.</p>
<p>The allotment seems satisfactory by all standards to everybody though  Sheree as well as her lawyer. She competence not have gotten a true  full 7 figure allotment though by a time we supplement up what she got  it is in a low 7 total to illustrate a reason for Sheree’s  disappointment. Here is a relapse of a settlement. She was awarded  control of their dual children, kid await of 42.87 a month, a  multiplication of a armed forces skill totaling some-more than .1  million together with a pile total of 5,000 as well as she additionally  receives an one some-more 3,422 a year from a divorce. It’s misleading  if a kid await is enclosed in a 3,422 annual amount. She will  additionally embrace half of a armed forces portions of 3 NFL early  retirement plans. But a justice did not endowment alimony, which is a  bottom of her appeal. Keep in thoughts which Sheree as well as Bob were  together fourteen years though usually tied together 3 of those years.</p>
<p>To me this is a great allotment solely which Sheree did not get to  keep her 2.6 million dollar home. Which is bizarre deliberation which  most of a time judges will not have women with kids give up their home.  But it seems unsentimental given Sheree has no clarity of income giving  her selling day to day upon a radio show. She had a gusto for not  seeking during a cost tab of things. Well we improved begin seeking  during tags or we will be in failure justice next. Besides I’m certain  which she could not keep up a 2.6 million dollar home if she is not we  do a great pursuit handling money.</p>
<p>Bob Whitfield was rewarded scarcely all of a genuine estate, together  with 4 homes as well as a recording studio. Her lawyers have appealed a  divorce settlement, which has been denied by a reduce courts in Georgia  so right away they have appealed to a Supreme Court.</p>
<p>Now here is a partial which most people have been receiving emanate  with. Her interest is formed upon a following, which she has a miss of  preparation as well as incapacity to consequence income. In addition, a  courts abused a option by not awarding alimony. She feels which her  father will regularly consequence income since he is a worldly office  worker with investment properties in Costa Rica, California as well as  Atlanta. He has not long ago returned to Stanford University to raise  his earning power.</p>
<p>Okay initial of all a emanate with all of this is because upon earth  would we contend we have an incapacity to consequence income. Are we  disabled in a little way, figure or form? No. Call it what it is  laziness! You do not wish to work, which was viewable by a approach she  rubbed her wardrobe line debut. She wants to run around in attendance  lunches &amp; sauna dates whilst everybody else does all a work. Hence  because her wardrobe line entrance was a finish disaster. Okay a  subsequent emanate when has a miss of preparation ever stopped any one  from earning income? Must we remind Sheree of Bill Gates as well as Ted  Turner? Both have been rich with usually a tall propagandize diploma.  Her arguments’ have been meaningless as well as but merit. And  eventually if we wish to be a worldly business man take a little of a  3,422 as well as go behind to school. What is interlude her from  learning? Her interest to a Supreme Court creates her demeanour miserly  as well as dumber than a 5th grader. How can we amalgamate your own  worth? And didn’t we get yourself upon a “Real Housewives” radio uncover  which is formulating income Sheree! Case closed…NEXT!</p>
<p>For this as well as some-more party revisit a website..www.iweeklymagazine.com</p>
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<p>Irish Fishback is now a Publisher of we Weekly Magazine an online  Black Entertainment Magazine. She before was co-owner as well as  publishing house of Personalities repository where she interviewed  celebrities such as thespian Faith Evans, organisation Escape, Sports  Commentator James Brown, athletes Rodney Hampton, Yancey Thigpen as well  as more. She now resides in Atlanta where she is a tied together mom of  two<br /> To see this as well as some-more party revisit www.iweeklymagazine.com</p>
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