Phone Scammers Target Bankruptcy Filers

Hemb Law Group was informed by United States court by their judiciary news letter. We are informing all Hemb Law Group clients and potential clients to be aware of this latest scam.

Scam Targets Bankruptcy Filers

Phone scammers are targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt.

The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer immediately to satisfy a debt. Nor would the bankruptcy attorney and staff ever threaten arrest if a debt isn’t paid.”

Bankruptcy filers in Vermont and Virginia reportedly have received calls. Vermont’s Attorney General says scammers use software to “spoof” the Caller ID system so the call appears to be originating from the phone line of the consumer’s bankruptcy attorney. Typically the calls come late in the evening or during non-business hours to make it difficult for intended victims to verify the call by contacting their attorney.

Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.

http://www.uscourts.gov/news/2015/10/20/scam-targets-bankruptcy-filers

Reference

“Scam Targets Bankruptcy Filers.” United States Courts. N.p., 20 Oct. 2015. Web. 21 Oct. 2015.

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Three reasons why you should use a parenting time expeditor

If you are experiencing difficulties with your ex over parenting time, and you have an existing order, it can be very frustrating to deal with delays or violations. You may want to call your attorney and demand action (as you should), but getting immediate remedies may not be so easy. After all, getting into court could take weeks. So what are you to do in the meantime?

If your custody order calls for contacting a parenting time expeditor before going back to court, you may be in luck. An expeditor (sometimes called a parenting time coordinator) is a neutral third party who helps parents resolve disputes. The expeditor may also arbitrate parenting time complaints.

There are a number of benefits to having a parenting time expeditor, including:

Faster decisions – There’s a reason why they are called “expeditors.” It is easier to schedule a meeting  with an expeditor and they can provide decisions faster than scheduling a motion date before a judge.

Cheaper process – Unlike going to court, you don’t have to file a motion to have your dispute handled by a parenting time expeditor.

Clarity in the order – An expeditor may also help you understand unclear provisions of the order. Keep in mind that this is not legal advice, but it may help in avoiding additional parenting time disputes.

If your current order does not call for an expeditor or some type of mediation process before filing another motion, chances are that this is an opportunity to have your decree modified to include it.

The preceding is not legal advice.  

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What to consider with Halloween parenting time disputes

With Halloween coming on Friday, some of our readers may be experiencing difficulty with deciding where their child will go Trick-or-Treating. In some instances, parenting time disputes may become vindictive in that a parent may not even want a child to take part in this annual event.

With parenting time disputes, there are a number of ways to reach an accord where parents do not feel as if they are being slighted. It is not uncommon for the child to go on two Trick-or-Treating adventures. Perhaps one parent can take them to a mall where they offer it on a day before Halloween, with the other parent taking the child through their neighborhood. Parents could even agree that on alternating years, this arrangement would be reversed.

After all, what kid wouldn’t want to go out and get candy twice? If the child feels special, that’s what ultimately matters.

However, we would be naïve if we did not acknowledge that some parents do not want their kids going Trick-or-Treating because of their religious beliefs, and because they are trying to educate the kids on how their religion works. Not only is this type of dispute difficult to resolve because of how passionate a parent can be about his or her religious beliefs, it is hard because a court may not be so willing to address a parenting time dispute because of one parent’s religious beliefs.  

Because of this, it is important for warring parents to be open to flexibility regarding events directed towards a child’s happiness. 

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Parenting issues that courts may not get involved with

If you no longer have a relationship with an ex-spouse or significant other and you have a child together, you may be skeptical about allowing the child to spend time with that person. The other parent may not have the experience you have as a parent, or there may be other things about their household that concern you.

However, before you consider a motion to limit parenting time or decide to cease parenting time altogether, it is important to know what issues may justify a change, as well as which ones will not.

As such, this latest post will identify some common parenting issues that may not lead to a change in parenting time.

Differences in parenting styles– If you are adamant that corporal punishment should not be used, and your ex is consistent with spankings, it is likely that the court may not intervene. Indeed, the law does not allow abuse, but it is broad enough to give parents the discretion to choose how they discipline their children.

Disagreements about entertainment – If you only allow an hour of television or mobile devices in your home, and your ex allows them watch reality shows and play video games for hours on end, this may not be grounds for limiting parenting time. Parents are given wide discretion to make and enforce their own personal house rules. 

Of course, this does not mean that there are no situations that will merit a change. To learn about them, contact an experienced family law attorney to learn about your rights and options. 

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What is the right approach to divorce?

If you are getting divorced, your opinions may be shaped by the horror stories that you have heard about knock-down, drag out fights over custody and property that lasted for years. You may also think that divorcing couples are forever scarred by the experience and that you may be destined to repeat that fate. Despite what you may think, the process does not have to be that way. Through this post, we offer a few things to help keep things in perspective.

Family court judges won’t think about your feelings – Indeed, family court judges may seem heartless at times, but they are people with real feelings; they just can’t care about yours when it comes to applying the law correctly. So while you may feel like you are being treated unfairly in your divorce, this may not hold any weight.

Think of it as a business transaction – At its core, divorce is a legal process for dissolving the marital union, an orderly division of assets, and assigning support (if necessary) so that the parties may move on with their lives.

Custody should be about co-parenting, not money – Indeed, there is a financial component to custody and parenting time assignments, but this should not be used to guide justify your position. It is important to look at how you envision your role as a co-parent, where you will have to continually interact with, and co-parent with your ex-spouse until your child becomes an adult.

The preceding is not legal advice. If you have additional questions about your individual situation, a family law attorney can help. 

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