Who Is The Bankruptcy Trustee & What Do They Do?
If you have already or are thinking about filing for bankruptcy, you may have heard of a bankruptcy trustee. Many people don’t know or understand who a trustee is or what there purpose is in a bankruptcy.
The simplest answer, is a bankruptcy trustee manages your bankruptcy estate. Once you have filed for bankruptcy, the Court assumes control of your debts and property not protected by your Kentucky or Federal exemptions. A trustee is appointed to your case by the Court. The job of the trustee is to see that your creditors are paid as much as possible. This person will thoroughly review your paperwork, particularly the assets you have in your possession and the exemptions you wish to claim. The trustee can challenge any element of your case. Continue reading
Concussions & Car Wrecks
There has been a great deal of media attention lately on concussions and serious brain injuries suffered by professional football players. Many players have endured years of brutal physical contact that may have included constant slaps and hits to the head. However, car accidents account for more head injuries than any other event every year?
While sports injuries are responsible for approximately 20% of traumatic brain injuries (TBI). Car accidents cause approximately 28% of such injuries. This is not surprising, with the millions of motor vehicle accidents that occur each year that result in injuries, many of which are head injuries. Many people are not initially aware that they have suffered a concussion after a car wreck, let alone a traumatic brain injury. Continue reading
Mercer County Lawyers at Chamber of Commerce Event
The attorneys of Hurst & Hurst Law attended the chamber event hosted by the Mercer County Chamber of Commerce. The event took place in Harrodsburg, KY at Economic Alliance and the Olde Town Distillery building. The wonderful event had BBQ, tastings, and tours of the distillery and building.
The event was attended by chamber members from neighboring counties, including Boyle, Garrard, and Lincoln. Continue reading
Harrodsburg’s 2nd Annual Oktoberfest
Mercer County held it’s 2nd Annual Oktoberfest in historic downtown Harrodsburg last weekend. The festival took over main street from Friday through Sunday. And actually blocked off several blocks of downtown to traffic. There was live music throughout the festival. And the party got kicked off with a large concert and celebration Friday night. Continue reading
Child Tax Exemptions For Divorced Families In Kentucky
An issue that most don’t consider as part of a divorce is child tax exemption. That is until April comes around. Divorces addresses child custody, time-sharing, and child support. But what about who gets the right to claim a child as a dependent for tax purposes?
That issue has been addressed by the Kentucky Supreme Court in the case of Adams-Smyrichinsky v. Smyrichinsky. The Kentucky Supreme Court addressed the authority of Kentucky trial courts to award tax exemptions. Continue reading
7th Annual Kentucky State Barbecue Festival
The 7th Annual Kentucky State BBQ Festival took place this year out at the new Wilderness Trace Distillery grounds. In previous years, the festival was held in the beautiful and historic downtown Danville, Boyle County, Kentucky. However, the festival has continued to grow in popularity. And has moved locations to allow for more room to grow. Continue reading
Elements Of A Negligence Claim In Kentucky
Personal injury cases are often brought before the court as negligence claims. These claims can be confusing and scare for a person who has recently suffered a personal injury, such as a car wreck or slip and fall. That is why we have broken down the elements of a negligence claim below.
When a negligence claim is brought, the person who brings the suit (known as the Plaintiff) must show that the person being sued (known as the Defendant) was negligent. There are several different elements of a negligence claim. To prove negligence on the part of the Defendant the Plaintiff must show all of the following elements:
- That the Defendant owed a duty to the Plaintiff.
All people owe a duty to everyone else to be reasonably careful. In car accident cases, the law requires drivers to be careful when encountering anyone they meet on the road. This can include: passengers, persons in other vehicles, and pedestrians. Continue reading
A Morbid Conversation About Preparing to Die
Most of us want to do whatever we can to make our own deaths as easy on our families and loved ones as possible. As most people already know, a part of that is making sure that you have an accurate and up to date valid will. But the purpose of this discussion is more about self-help advice, than it is reminding you to come to our office for any legal services.
Where to Start
Something I see rather frequently in my practice is families coming in after a loved one has passed and no one has any idea where to begin. They know that something must be done at the Courthouse and it is usually helpful to have a lawyer, but that is it. Often, they do not know if the person who passed had a valid will or where it is located. They do not know if they had investments or life insurance or any other types of assets. If they do believe the deceased had life insurance or an investment portfolio, they often do not know what company managed the accounts. Continue reading
What Is A 341 Meeting Of Creditors In A Bankruptcy
A 341 Meeting of Creditors occurs approximately a month after you file for bankruptcy. At the meeting the trustee will call a first meeting of creditors, which the debtor must attend. This meeting is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code.
Creditors rarely attend a Chapter 7 bankruptcy meeting. However, for a Chapter 13 bankruptcy, one or two creditors may attend, especially if there is some question regarding the plan. If there are objections they are typically resolved by negotiation between the debtor or the debtor’s counsel and the creditor. If a compromise cannot be reached, a judge will intervene. Continue reading
Preparing To Die Young
I know this is a rather callus way to start a conversation. But frankly we are all going to die and need to be prepared to do so. This is a conversation that I as an attorney tend to find myself having more with older people, but none of us really have the promise of tomorrow.
Dying Young, Or At Least Youngish
Preparing to die young is an important task that too many of us avoid. In my opinion, it is more important for younger adults, who still have minor children to have a properly prepared will; than it is for someone whose children are grown. I would imagine that a dying parent who still had children at home would be far more concerned with who was going to look after their children; than how their property was divided. Continue reading