Recent Updates
June 10, 2009
"Unlimited" Homestead Exemptions: A Protection or a Potential Pitfall
June 05, 2009
Federal Guidelines becoming tough on intended or potential economic losses
June 05, 2009
US Sentencing Guidelines Help
June 05, 2009
Defendant in Shackles
May 19, 2009
Not all attorney fee awards in divorce proceedings are domestic support obligations in Bankruptcy Court
Welcome to the Arnold Law Firm Blog!
This blog is designed to share information about trends in the law that affect our clients. The Arnold Law Firm handles cases in the legal fields of criminal defense, civil litigation, family law, bankruptcy and immigration. With such a diverse practice, there is always something happening that compels us to comment. Whether it is recent changes in the law, interesting court decisions, legal issues in the news, or our own experiences, we share our thoughts and candid commentary on how those issues affect our clients. It is our desire that you find this blog interesting and informative, and we invite you to share your thoughts and opinions as well. Most of all, we want it to demonstrate our lawyers' insight and expertise.
"Unlimited" Homestead Exemptions: A Protection or a Potential Pitfall
June 10, 2009
Topic: Bankruptcy
The recent holding in Parks v. Anderson (2009 WL 1407786, D. Kan 2009) has the potential to send shockwaves through states which allow unlimited homestead exemptions. The federal code 11 U.S.C. § 522 provides for specific assets which are exempt in bankruptcy; however, leeway is also given to the states to apply additional exemptions. In Florida, for example, one's homestead exemption in their primary residence is unlimited rather than capped as in the federal code. In order to prevent pending bankruptcy debtors from using such states as a safe haven §522(p) caps the homestead at $125,000 for any interest acquired within a 1,215 day time period in any and all states.
Federal Guidelines becoming tough on intended or potential economic losses
June 05, 2009
Topic: Criminal
Defendants in federal court can face a rude surprise when they are held criminally liabile for the potential economic loss to the victim as opposed to the actual loss. In United States v. Stetson, 202 Fed. Appx. 449 (11th Cir. 2006), the court held the defendants liable for an intended loss based on how much they could charge to fraudulently obtained credit cards before getting caught, instead of the amount they actually charged.
US Sentencing Guidelines Help
June 05, 2009
Topic: Criminal
There are few things more complicated in criminal law than the Federal Guidelines. The Guidelines are used to calculate the presumptive sentencing range for a defendant. After the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), the guidelines are now advisory as opposed to mandatory as the used to be. Therefore, a judge now has considerably more discretion in determining a defendant's sentence.
Defendant in Shackles
June 05, 2009
Topic: Criminal
Imagine getting a jury duty summons in the mail one day and going down to the courthouse to wait to either be selected or dismissed. When you arrive, you are led into a room and seated with other potential jurors. While sitting in the courtroom, you notice the state seal and portraits of past judges and you instantly feel like part of an age-long tradition and sense the importance of the proceedings that are about to take place. Then, the judge begins to speak. He introduces you to the prosecutor who stands before you ina neatly pressed suit and looking very official. Then you see the defense counsel looking equally professional. And finally, the judge introduces the defendant, whose life will change for the better or for the worse depending on your verdict. The man who is supposed to be presumed innocent until proven guilty now stands before you in full shackles. Does this weaken the presumption of innocence in your mind? Do you sense yourself beginning to make assumptions about the handcuffed man in front of you? Is that how you would want to be presented to those who hold your fate in their hands? Or, would you want your attorney to do everything in his power, as your advocate, to prevent that?
Not all attorney fee awards in divorce proceedings are domestic support obligations in Bankruptcy Court
May 19, 2009
Topic: Bankruptcy
In the recent case of In re Lopez (2009 WL 1064581, Bankr. S.D. Fla. 2009), the court held that attorney fees awarded in a dissolution proceeding were not a domestic support obligation entitled to an unsecured priority claim once in bankruptcy. Although attorney fees in divorce proceedings often are domestic support obligations, this ruling highlights the complexities of the overlap between bankruptcy and family law.
