Legal Issues and News
Good To Know . . .
From the Wall Street Journal . . . Debt-collection Industry using arrest warrants to get their money
Posted by: Abby Meares
March 17, 2011
The Wall Street Journal has an article today about a recent surge in arrest warrants being issued for individuals who haven't paid their credit card bills. Read about it here.
Questions of your own about debt issues? Talk to a member of our bankruptcy team.
The Indiana Supreme Court Wants Your Input
Posted by: Abby Meares
March 08, 2011
The Indiana Supreme Court is asking for the public's help in making some decisions about the process out-of-state attorneys have to go through in order to be temporarily allowed to practice law in Indiana. Check out the press release here.
From The Journal Gazette . . . Texting ban moving forward in Senate
Posted by: Abby Meares
March 03, 2011
The Journal Gazette's Niki Kelly reports on legislation that would make texting while driving illegal for everyone, not just minors.
Read it here.
From the Indiana Court Times . . . E-Tickets bringing in cash, recognition
Posted by: Abby Meares
February 04, 2011
It has been a while since my last speeding ticket, but I was fascinated by the idea of electronic tickets. Read the story by the Indiana Court Times here.
From the Indianapolis Star . . . Hundreds of toxicology tests might not be valid
Posted by: Abby Meares
February 03, 2011
The Indianapolis Star has an article today about mistakes in hundreds of drug tests.
From the story: "The findings from the audit, provided to The Indianapolis Star, showed errors in about 200 of 2,000 marijuana tests reported to law enforcement as having positive results. That includes about 50 described as "a conscious manipulation of results" by lab workers."
Read more here.
From the Washington Post . . .Mediation a good option
Posted by: Abby Meares
February 01, 2011
The Washington Post explains how mediation can help in medical malpractice suits.
Read it here.
Haller & Colvin attorneys Mark Chambers and Suzanne Wagner are both registered mediators.
From the Journal Gazette . . .Banks ease loan guides for business
Posted by: Abby Meares
February 01, 2011
Survey shows banks have loosened lending standards for businesses. Read about it here.
Questions about your business? Ask a member of our business law team.
From the Journal Gazette . . . In the House
Posted by: Abby Meares
January 25, 2011
The Journal Gazette's Niki Kelly reports on what's happening in the General Assembly. Read it here.
From the Indianapolis Star . . .Texting while driving law moving forward
Posted by: Abby Meares
January 20, 2011
Texting bill now headed to full House The Indiana House Public Policy Committee has approved a bill that would ban all motorists from texting while driving and has sent the bill to the full House for debate. It is already illegal in Indiana for anyone under the age of 18 to text while driving. Check out the Indianapolis Star article here.
Technology brings the highest court in the state to the masses
Posted by: Abby Meares
January 18, 2011
I am one of those people who absolutely loves it when technology merges with tradition and makes it that much cooler.
For example, I happened to be playing around on the Indiana Court System's website - which I was surprised and pleased to see was actually well-organized and pretty user-friendly - and I stumbled onto the Supreme Court's YouTube Channel. Now I'm easily amused but I think this is perhaps the best example of bringing legal tradition to the masses while still staying at the front of technological advances. I mean you can actually watch more than 100 videos ranging from informational videos for prospective jurors to a video of Indiana Chief Justice Randall Shepard starring in a "remake" of a Norwegian video about new court technology. Chief Justice Shepard, along with the other justices, has the power to overturn a death sentence, that's a pretty big deal. And if you aren't as easily amused as I am, it might be worth noting that ChiefJustice Shepard is playing the role of a monk in the video.
The Supreme Court's website also has some other awesome technological opportunities that other, more serious, people might enjoy. I'm talking about the court's online archive of oral arguments. That's right, since 2001 the court has published oral arguments from both the Supreme Court and the Court of Appeals to the web first by live streaming and then added into the archive. The archive is searchable and pretty user-friendly.
So grab the popcorn and prepare to be awed as technology brings the highest court in the state right into your home!
What should I bring with me to my first appointment with a bankruptcy attorney?
Posted by: Abby Meares
January 13, 2011
You've taken the first step in reclaiming your financial stability by making an appointment to meet with a bankruptcy attorney. Now what?
You and your attorney will have to decide if bankruptcy is the right course of action for you and if so, what kind of bankruptcy.
To help you make those decisions, the attorney will need certain information; information that you can have available by bringing the following documentation with you to your meeting.
• Your federal and state tax returns from the past two years
• Recent pay stubs
• The dates of any prior bankruptcy petitions and the name of the courts where they were filed. Include a copy of the discharge if available.
• A copy of all bills you have received in the past 60 days. The attorney will need the actual credit card statement, loan statement, etc.
• A copy of your installment purchase agreement or loan application for the purchase of any vehicles.
• If you own a vehicle outright, bring a copy of the Certificate of Title.
• If you are divorced, bring a copy of your divorce decree.
• Bank statements for all bank accounts, checking and savings, from the past 90 days.
• Copies of any life insurance policies.
• Your Social Security Card and a government-issued photo ID (such as a drivers' license or a state ID).
• A copy of the pleadings in any lawsuit pending against you.
• A copy of the pleadings in any lawsuit you have filed against someone else.
• Every address you have lived at in the past three years.
Information supplied by bankruptcy attorney Martin E. Seifert, Haller & Colvin.
*Haller & Colvin is acting as a Debt Relief Agency.
So, Your Divorce Is Finally Over
Posted by: Chambers
January 13, 2011
So, your divorce is finally over. It's been a year or more of stress, anger, sorrow and fighting. Now, after all of that time and money, it's finished. This will be good. No more fighting. No more stress. No more lawyers. You and the kids can relax and return to your normal lives. You have expended all of that energy, gone through hell, and now there is only peace and quiet in your future.
Sounds really good, doesn't it? But how realistic is it? That depends. Is your ex just as happy as you are that the proceedings are over and the final papers have been signed? Do you both feel like letting bygones be bygones and moving forward with your lives? Will you now be able to get along with that person you couldn't stand to be around? Will all of the wounds and sores from the marriage and the divorce simply heal up and go away?
In many cases the answer is "no". Battered egos, jealousies, and anger don't simply heal up and disappear like a paper cut or a sprained ankle. In fact, many times the bad vibes get worse. The anger turns to hatred, and the desire to be done with the divorce turns into a desire for revenge.
How will your ex seek revenge or otherwise make your life miserable? Probably by calling you to read you the riot act. But there won't be much satisfaction there, because you are going to hang up the phone or maybe say that you have heard all of it before. No, unfortunately many exes use the children to get their retribution. Why? Because it's easy.
Minor children, regardless of their age, do not have the experience or the level of sophistication required to handle their parent's anger especially if it's directed at the other parent. So parenting time becomes a counseling session where the injured ex can unload on a sympathetic ear. Some parents describe to the children in lurid details the wrongs that have befallen them at the hands of the other parent. Some implore the children to pray that Mommy or Daddy will stop being so mean, so that the couple can get back together. Other exes are more subtle. They drop hints or innuendos designed, perhaps unconsciously, to gain the sympathy of the children and to implant in them a feeling of anger or hostility toward the other parent.
This behavior is child abuse- as hurtful and damaging as a beating- except the bruises and scars are visible only to a professional. But slowly and quietly you may start to notice that when the kids return from parenting time, they are not quite themselves. They may say things that don't sound like words you are used to hearing from them. They may be angry with you for no apparent reason. When you ask them about it, they get quiet.
What do you do when your children are being abused? You should talk to your ex, but you will probably get denials and claims of innocense. You could try to explain your side to the children, but they are not likely to respond to logic and reason- they are too young, and they have been emotionally ensnared. You know you are not supposed to speak negatively about your ex in front of the children. So what do you do?
You can't expect the police department or child protective services to help you out. After all, where are the bruises and broken bones? You can't expect the courts to assist you when you have no proof or your suspicions. Your two best resources are your family counselor and your lawyer. The kids are going to need to speak to a neutral. They will need professional help, if they have been abused. They must talk to someone trained to deal with the types of injuries children can suffer at the hands of their parents.
Your lawyer will tell you that first and foremost you must put the children in a position to begin to heal. He will want the counselor to work with and evaluate them to determine whether the actions of one or both of the parents has caused them harm. If the counselor believes that one of the parents is the source of the problem, he may ask to work with that parent or with both parents together. If the offending parent refuses to get help, the counselor may be in a position to tell the court that he does not believe that the current parenting time provisions are in the children's best interests.
If you sense or you know that you ex is trying to negatively influence the children, get help before the problem gets out of hand. Just as you would seek medical assistance for a child with a fever or a strep throat, you must also seek help for the child who is being abused by a parent. Sometimes when the papers are signed and the divorce is over, the real trouble begins.
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