July 2014 Archives

Yale Trained Lawyer Gets Alimony - Judge Rules That She is Not Required to Work

In the recent case of Reynolds v. Reynolds, the Maryland Court of Special Appeals denied a husband's request to overturn a trial judge's ruling that failed to credit $30,000 to $40,000 in income to his wife for purposes of calculating alimony. The wife in Reynolds was a trained lawyer that had attended Yale Law School and earned an annual income of $120,000 in the mid 90's. She was not working at the time of the divorce. The wife claimed health problems and pointed out that it had been a long time since she worked. She lived in a 1.5 million dollar home that had been purchased with her father and he father gave her $100,000 within two years of obtaining the divorce. 

Notice Insufficient to State Miller Act Claim

Are you a subcontractor trying to get paid on a federal government project? You may or may not be aware that there is a bond that insures payment even if the party you contracted with evades payment or has no funds with which to make payment. In order to get paid for your work, however, you may have a limited amount of time within which to send a required notice. The information in this notice and the way it is transmitted are important. James Bredar, a Maryland District Court Judge, emphasized in his recent ruling in the case of Trustees of Heating, Piping and Refrigeration Pension Fund v. Milestone Const. Services, Inc. that the formal requirements for this notice must be met. Wampler & Souder, LLC can assist you in protecting your right to this bond and insure that Miller Act requirements are met. 

Lengthy Visitation Within Six Months Does Not Impact Which State Is Granted Custody Jurisdiction

When parents live far apart, in different states, it is often critical which state's court has jurisdiction over a disputed custody case. The state that has jurisdiction will have the dispute heard in the courts located in that state. Thus, the unlucky parent who lives in a state that does not have jurisdiction will likely have to travel (along with witnesses) to the state with jurisdiction for one or more hearings. Jurisdiction is mechanically defined as the state in which the child lived for six consecutive months before a case is filed. According to a recent case from the Maryland Court of Special Appeals, even though a child went back to Maryland for a week of visitation during the six consecutive months, this did not stop Indiana from being designated as the state where the child lived and the state with jurisdiction. 

Proof of Claim Must be Filed to Strip Junior Mortgage

Judge Mannes of the Maryland Bankruptcy Court has ruled that a proof of claim must be filed in order to strip a junior mortgage. Mortgages can be turned into unsecured claims in a chapter 13 case. In many cases, a bankruptcy filer can pay a small portion of a second mortgage or home equity loan in a period of less than five years and never have to make another payment. Generally creditors are responsible for filing a proof of claim or a statement that shows how much they are owed. If this proof of claim is not filed (and it often isn't), and you have a Judge Mannes case, you run the risk of not being able to strip this claim. Make sure you have an experienced bankruptcy attorney on your side! 

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