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	<title>godbeylaw.com</title>
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	<link>http://www.godbeylaw.com</link>
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		<title>How Do I Select An Executor For My Estate?</title>
		<link>http://www.godbeylaw.com/2012/01/select-executor-estate/</link>
		<comments>http://www.godbeylaw.com/2012/01/select-executor-estate/#comments</comments>
		<pubDate>Fri, 27 Jan 2012 09:05:33 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Estate]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=929</guid>
		<description><![CDATA[Before choosing an executor for your estate, you will need to put lot of thought into the decision. The individual chosen to perform this role will be trusted to carry out everything in accordance to your intended wishes. Because choosing &#8230; <a href="http://www.godbeylaw.com/2012/01/select-executor-estate/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>Before choosing an executor for your <a title="Estate" href="http://www.godbeylaw.com/practice-overview/estate-planning-probate/" target="_blank">estate</a>, you will need to put lot of thought into the decision.</p>
<p>The individual chosen to perform this role will be trusted to carry out everything in accordance to your intended wishes. Because choosing an executor can be a complex decision, here are some things to consider before making your final choice.</p>
<p>First, list out who you think would be capable of handling such a responsibility. You will want someone who is honest, organized and has great communication skills. The executor should also be in good mental and physical health, as well as over the age of 18.</p>
<p>As you create your list, try to leave aside personal feelings. Only consider those who you truly feel would be able to fulfill such a responsibility. If you are considering someone close to you but aren&#8217;t totally confident they can emotionally fulfill the role, then perhaps you should make a different selection.</p>
<p>Since a lot of detail will need to go into the executor’s job, you&#8217;ll definitely want to pick someone with a reputation for paying attention to specifics. Considering that the executor will be responsible for filling out a hefty amount of paperwork as well as making sure your debts are satisfied, selecting a detailed oriented individual for this job is critical.</p>
<p>Once you have considered all these points, you will need to choose one of the individuals on your list. It also is important to note that you can select more than one person for the role of executor. Some people decide upon their spouse, lawyer or two of their children to fulfill the role. In addition to being able to provide each other with assistance, having two executors can be a great benefit in the event that one of the selectees is unable to perform their duty.</p>
<p>Choosing an executor can be an overwhelming task. But if you follow these simple guidelines, you will find the individual who will be an ideal fit for the role.</p>
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		<title>What Is A Dissolution?</title>
		<link>http://www.godbeylaw.com/2012/01/dissolution/</link>
		<comments>http://www.godbeylaw.com/2012/01/dissolution/#comments</comments>
		<pubDate>Wed, 25 Jan 2012 19:04:37 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Annulment]]></category>
		<category><![CDATA[Divorce Lawyers]]></category>
		<category><![CDATA[Godbey Law]]></category>
		<category><![CDATA[Uncontested Divorce]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=927</guid>
		<description><![CDATA[There are several legal ways to terminate a marriage, including divorce, uncontested divorce, annulment, and dissolution. An uncontested divorce typically occurs when one party cannot be found, is incarcerated, or will simply not respond to communication efforts by the other &#8230; <a href="http://www.godbeylaw.com/2012/01/dissolution/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>There are several legal ways to terminate a marriage, including <a title="Divorce" href="http://www.godbeylaw.com/practice-overview/family-law/" target="_blank">divorce</a>, <a title="Uncontested Divorce" href="http://www.godbeylaw.com/practice-overview/family-law/" target="_blank">uncontested divorce</a>, <a title="Annulment" href="http://www.godbeylaw.com/practice-overview/family-law/" target="_blank">annulment</a>, and <a title="Dissolution" href="http://www.godbeylaw.com/practice-overview/family-law/dissolution/" target="_blank">dissolution</a>.</p>
<p>An uncontested divorce typically occurs when one party cannot be found, is incarcerated, or will simply not respond to communication efforts by the other party of his lawyer.  The spouse with an attorney simply files the paperwork with the court, obtains proper service on the other spouse, shows up with witnesses to attest to the incompatibility of the marriage, and obtains the divorce.</p>
<p>A <a title="Dissolution" href="http://www.godbeylaw.com/practice-overview/family-law/dissolution/" target="_blank">dissolution</a> simply means the terms of the <a title="Divorce" href="http://www.godbeylaw.com/practice-overview/family-law/divorce/" target="_blank">divorce </a>were hashed out by the two parties before any documents are filed with the court. There is no need to go to trial in front of a family court judge. Both parties show up in court and verify their signatures on the documents and that such documents contain their intentions on how they want their marriage dissolved.  A dissolution is the easier, faster and less expensive way to terminate the marriage, dissolution does not necessarily mean undisputed.</p>
<p>Many couples agree to a dissolution for practical reasons. If there are no minor children, custody, visitation and child support are not issues that need to be addressed. If the marriage is short, there may be no alimony (also known as spousal support) to be awarded. If there are few assets to be divided, it makes no sense to have a long drawn-out fight.</p>
<p>That said, dissolutions can still have plenty of drama and tension as the splitting couple work out the division of community property and debt accrued, as well as child custody arrangements and spousal or child support, if applicable. It also does not mean that only one attorney is involved. Often, both sides have a lawyer.  Sometimes, what starts as a dissolution ends up as a contested divorce proceeding.</p>
<p>The ideal dissolution is when the couple can work out their financial and familial issues without the intercession of the courts. If there is an impasse, most <a title="Divorce Lawyers" href="http://www.godbeylaw.com" target="_blank">divorce lawyers</a> would then recommend mediation or arbitration, also referred to as collaborative law.  Mediation is where the two parties are assisted by a third party in making a mutually agreed upon solution.  Both sides get a say in the final decision.</p>
<p>The other advantage of a dissolution is that all disagreements and personal issues are discussed in private and do not become a matter of public record. The moment you go to trial and take the stand to testify, your life becomes public. And again, when any case goes to trial, the participants lose the opportunity to control their own destiny because now a third party ― in this case the family court judge ― will make the decisions.</p>
<p>That is not to say everyone should have a dissolution. For example, when there are large, complicated financial issues, it may be prudent to have everything on record. And when there has been abuse in the marriage, a contested divorce can assure the interest of the abused spouse is protected.   To see if your case is best suited for a divorce or dissolution, contact a good family law attorney.</p>
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		<title>Can My Income Affect The Type Of Bankruptcy I Can File?</title>
		<link>http://www.godbeylaw.com/2011/12/income-affect-type-bankruptcy-file/</link>
		<comments>http://www.godbeylaw.com/2011/12/income-affect-type-bankruptcy-file/#comments</comments>
		<pubDate>Wed, 07 Dec 2011 19:32:48 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[Chapter 7 Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=922</guid>
		<description><![CDATA[Yes. If your income is above the median income for a family the size of your household in your state, you may have to file a Chapter 13 (“debt adjustment”) case.  The median income figures are state specific and change &#8230; <a href="http://www.godbeylaw.com/2011/12/income-affect-type-bankruptcy-file/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>Yes. If your income is above the median income for a family the size of your household in your state, you may have to file a <a title="Chapter 13" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">Chapter 13 </a>(“debt adjustment”) case.  The median income figures are state specific and change at least once a year; an experienced <a title="Bankruptcy Attorney" href="http://www.godbeylaw.com" target="_blank">bankruptcy attorney</a> will be able to review these figures with you to determine whether or not your income is above the median income line.  If your income is above-median, then you must fill out “means test” forms requiring detailed information about income and expenses. If, under standards in the law, the consumer is found to have a certain amount left over that could be paid to unsecured creditors, the bankruptcy court may decide that the consumer cannot file a <a title="Chapter 7" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">Chapter 7</a> (“straight” bankruptcy) case, unless there are special extenuating circumstances.</p>
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		<title>What Kinds Of Bankruptcy Are There?</title>
		<link>http://www.godbeylaw.com/2011/11/kinds-bankruptcy-there/</link>
		<comments>http://www.godbeylaw.com/2011/11/kinds-bankruptcy-there/#comments</comments>
		<pubDate>Mon, 28 Nov 2011 20:46:00 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=919</guid>
		<description><![CDATA[There are four types of bankruptcy cases provided under the law: Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions,” so the property can be sold &#8230; <a href="http://www.godbeylaw.com/2011/11/kinds-bankruptcy-there/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>There are four types of <a title="Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">bankruptcy </a>cases provided under the law:</p>
<ul>
<li><a title="Chapter 7 Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/#seven" target="_blank">Chapter      7</a> is known as “straight” bankruptcy or “liquidation.” It requires a debtor      to give up property which exceeds certain limits called “exemptions,” so      the property can be sold to pay creditors.</li>
<li><a title="Chapter 11" href="http://www.godbeylaw.com/practice-overview/bankruptcy/chapter-11/" target="_blank">Chapter      11</a>, known as “reorganization,” is used by businesses and a few individual      debtors whose debts are very large.</li>
<li>Chapter      12 is reserved for family farmers and fishermen.</li>
<li><a title="Chapter 13" href="http://beta.godbeylaw.com/practice-overview/bankruptcy/#thirteen" target="_blank">Chapter      13</a> is called “debt adjustment.” It requires a debtor to file a plan to pay      debts (or parts of debts) from current income.</li>
</ul>
<p>Most people filing bankruptcy will want to file under either Chapter 7 or Chapter 13.  Either type of case may be filed individually or by a married couple filing jointly.</p>
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		<title>What Is Bankruptcy?</title>
		<link>http://www.godbeylaw.com/2011/11/bankruptcy/</link>
		<comments>http://www.godbeylaw.com/2011/11/bankruptcy/#comments</comments>
		<pubDate>Tue, 22 Nov 2011 18:23:29 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=917</guid>
		<description><![CDATA[Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in &#8230; <a href="http://www.godbeylaw.com/2011/11/bankruptcy/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p><a title="Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">Bankruptcy </a>is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.</p>
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		<title>What Is Debt Management?</title>
		<link>http://www.godbeylaw.com/2011/11/debt-management/</link>
		<comments>http://www.godbeylaw.com/2011/11/debt-management/#comments</comments>
		<pubDate>Fri, 18 Nov 2011 15:42:15 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Financial]]></category>
		<category><![CDATA[Debt Management]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=915</guid>
		<description><![CDATA[Debt management is very similar to a Chapter 13 bankruptcy.  In a debt management program, you are paying the company a monthly debt management payment for a period of usually 3 to 6 years that they will apply to a &#8230; <a href="http://www.godbeylaw.com/2011/11/debt-management/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>Debt management is very similar to a Chapter 13 bankruptcy.  In a debt management program, you are paying the company a monthly debt management payment for a period of usually 3 to 6 years that they will apply to a monthly payment to each credit card in the program until the debt has been paid.  You are still paying interest but in most cases, the debt management program is able to negotiate with the credit card company a much better interest rate.  In addition, since debt management requires a monthly payment to each creditor, the creditors do agree not to collect against you so long as you are continuing to make your payments to the plan.  A debt management programs has its advantages, but it is very important to understand what it can and cannot do.  It is also very important to understand that it is not guaranteed to be successful and filing bankruptcy may be a much more beneficial option.</p>
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		<title>What Is Debt Settlement?</title>
		<link>http://www.godbeylaw.com/2011/11/debt-settlement/</link>
		<comments>http://www.godbeylaw.com/2011/11/debt-settlement/#comments</comments>
		<pubDate>Tue, 15 Nov 2011 14:19:37 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Financial]]></category>
		<category><![CDATA[Debt Settlement]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=912</guid>
		<description><![CDATA[Generally, debt settlement is a process in which a company, individual attorney or law firm negotiates settlements of your debts after you pay a fee and pay into an escrow account for many months or years.  It is very important &#8230; <a href="http://www.godbeylaw.com/2011/11/debt-settlement/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>Generally, debt settlement is a process in which a company, individual attorney or law firm negotiates settlements of your debts after you pay a fee and pay into an escrow account for many months or years.  <strong>It is very important to understand that debt settlement does not stop the ability of your creditors to collect against you.</strong> <strong>If you are being sued, please contact the settlement company and an independent attorney to review the lawsuit.  Do not assume the lawsuit is being handled by the settlement company. </strong>Your creditors still are not being paid until the settlement amount has been reached and the settlement company has reached a settlement with the credit card company.   If you choose to enter debt settlement, it is essential that you understand how much you are paying the company and what the settlement arrangement will be.  Debt settlement has its advantages, but it is very important to understand what it can and cannot do.  It is also very important to understand that it is not guaranteed to be successful and filing bankruptcy may be a much more beneficial option.</p>
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		<title>When Filing Bankruptcy, What Is Property Except?</title>
		<link>http://www.godbeylaw.com/2011/11/filing-bankruptcy-property-except/</link>
		<comments>http://www.godbeylaw.com/2011/11/filing-bankruptcy-property-except/#comments</comments>
		<pubDate>Fri, 11 Nov 2011 14:44:48 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Chapter 7 Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=910</guid>
		<description><![CDATA[In determining whether property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be &#8230; <a href="http://www.godbeylaw.com/2011/11/filing-bankruptcy-property-except/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>In determining whether property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be a lot less than what you paid or what it would cost to buy a replacement.</p>
<p>You also only need to look at your equity in property. This means that you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $50,000 house with a $40,000 mortgage, you count your exemptions against the $10,000 which is your equity if you sell it.</p>
<p>While your exemptions allow you to keep property even in a <a title="Chapter 7" href="http://www.godbeylaw.com/practice-overview/bankruptcy/#seven" target="_blank">Chapter 7</a> case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind. In a Chapter 13 case, you can keep all of your property if your plan meets the requirements of the <a title="Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">bankruptcy</a> law.  In most cases, you will have to pay the mortgages or liens as you would if you didn’t file bankruptcy.</p>
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		<title>If I File Bankruptcy, Will I Lose My Home Or Car?</title>
		<link>http://www.godbeylaw.com/2011/11/file-bankruptcy-lose-home-car/</link>
		<comments>http://www.godbeylaw.com/2011/11/file-bankruptcy-lose-home-car/#comments</comments>
		<pubDate>Wed, 09 Nov 2011 20:13:05 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[Chapter 7 Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=908</guid>
		<description><![CDATA[In most cases, you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep &#8230; <a href="http://www.godbeylaw.com/2011/11/file-bankruptcy-lose-home-car/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>In most cases, you will not lose your home or car during your <a title="Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">bankruptcy</a> case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it if you pay its non-exempt value to creditors in <a title="Chapter 13" href="http://www.godbeylaw.com/practice-overview/bankruptcy/#thirteen" target="_blank">Chapter 13</a>.  However, some of your creditors may have a “security interest” in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you don’t make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case.</p>
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		<title>I Live in Ohio. Will I Lose Everything If I File Bankruptcy?</title>
		<link>http://www.godbeylaw.com/2011/11/live-ohio-lose-file-bankruptcy/</link>
		<comments>http://www.godbeylaw.com/2011/11/live-ohio-lose-file-bankruptcy/#comments</comments>
		<pubDate>Mon, 07 Nov 2011 20:01:41 +0000</pubDate>
		<dc:creator>purpletrout</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Chapter 7 Bankruptcy]]></category>

		<guid isPermaLink="false">http://www.godbeylaw.com/?p=906</guid>
		<description><![CDATA[In a Chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors. The exemption law that applies to you depends upon the state you reside in. If you live in Ohio, &#8230; <a href="http://www.godbeylaw.com/2011/11/live-ohio-lose-file-bankruptcy/">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>In a <a title="Chapter 7 Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/#seven" target="_blank">Chapter 7</a> case, you can keep all property which the law says is “exempt” from the claims of creditors. The exemption law that applies to you depends upon the state you reside in.</p>
<p>If you live in Ohio, you must use the Ohio exemption law. You cannot use the federal exemptions.   You should consult a skilled bankruptcy attorney to discuss with you how Ohio exemption laws apply to your individual case. Ohio exemptions include:</p>
<ul>
<li>$21,625.00      in equity in your home;</li>
<li>$3,450.00      in equity in your car;</li>
<li>$525.00      per item in any household goods up to a total of $11,525.00;</li>
<li>$2,175.00      in things you need for your job (tools, books, etc.);</li>
<li>$1,075.00      in any other personal property;</li>
<li>Your      right to receive certain benefits such as social security, unemployment      compensation, veteran’s benefits, public assistance, and pensions.</li>
</ul>
<p>It is very important to note that the property exemptions apply to the individual person filing <a title="Bankruptcy" href="http://www.godbeylaw.com/practice-overview/bankruptcy/" target="_blank">bankruptcy</a>; if you file bankruptcy with your spouse, the exemption amounts are doubled.</p>
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