- “Can You Afford a Social Security Disability Attorney”
Posted May 15, 2008, 6:00 am by Tomasz Stasiuk
Nate Craig of Truth of the Matter Asserted has a great article on how easy Social Security makes it for you to hire and pay for an attorney in a Social Security case: Social Security cases are paid on a contingency basis, which means that the attorney can only collect a fee when you are successful in winning your case. … Currently this amount is 25% of the claimant's owed back benefit or $5,300, which ever is the least amount. … If you are not succesful, you owe the attorney nothing [and...
- Case Law Update, Bankruptcy Subsection, Colorado Bar Association
Posted May 14, 2008, 9:22 pm
A PDF of the handout from today's Case Law Updates CLE for the Bankruptcy Subsection of the Colorado Bar Association is available for download. Click here to link to the Downloads page. The materials were presented by the Honorable Michael E. Romero, United States Bankruptcy Judge, and David M. Miller, Esq., Kutner Miller Brinen, P.C. The next Bankruptcy Subsection meeting is 4:30 p.m., Wednesday, July 9, 2008, at the Colorado Bar Association, 1900 Grant Street, 9th Floor, Denver, Colorado. The...
- Study Looks at Foreclosures in Denver
Posted May 14, 2008, 4:12 pm
A recent study "Understanding Mortgage Foreclosures in Denver", conducted by the Office of Economic Development (OED) of the City and County of Denver, confirms what we have known for some time. The rate of houses in our communities going into foreclosure has skyrocketed. Between 2000 and 2006, the number of foreclosure filings in Denver alone increased more than four-fold, from 917 to 4,745. The OED study provides a wealth of statistics and information. However, it falls short of proposing the...
- 2008 Colorado Springs Ask-A-Lawyer
Posted May 14, 2008, 2:18 pm by Tomasz Stasiuk
I had a blast at the 2008 Ask-A-Lawyer last weekend at the Citadel Mall in Colorado Springs! Thanks to everyone who stopped by to say hello. Here is a shot of me and Virginia at the table, and that is my boy doing the robot next to me. ShareThis
- Voice Recognition Review: MacSpeech Dictate and RevoLabs xTag Wireless Microphone
Posted May 13, 2008, 6:00 am by Tomasz Stasiuk
I recently added MacSpeech Dictate, a voice recognition software package for Macs to my technology arsenal. Many readers may be familiar with NaturallySpeaking, a robust voice recognition software package for PCs. I was previously a NaturallySpeaking user, before switching to the Mac. If you are a PC user, NaturallySpeaking Preferred, is a great program for dictating and controlling your computer. Unfortunately, if you were a Mac user, the voice recognition software options were not as good....
- SB 1135 Signed Into Law
Posted May 12, 2008, 8:43 am
SB 1135, just signed into law by Governor Ritter has established a new requirement mandating that covenant violation hearings be adjudicated by an "impartial decision maker". This law modifies most association's covenant enforcement policies limiting who may participate in enforcement hearings. Existing Board members are not disqualified from being impartial decisions m akers so long as they do not have an interest in the outcome of the hearing. Disqualifying situations may include situations...
- Video: Fibromyalgia Awareness
Posted May 12, 2008, 6:21 am by Tomasz Stasiuk
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- Manager Licensing Continues to be Trend
Posted May 9, 2008, 2:00 pm
The nationwide trend of state legislators imposing some form of manager licensing is continuing with Virginia. A bill recently approved by the Virginia General Assembly will go into law on July 1, 2008, if signed by the governor. This bill allows managers to meet licensing standards by holding certification and designations awarded by CAI and NBC-CAM. The bill also creates an ombudsman system, similar to the Florida model, for handling homeowner complaints. If this is the trend, then perhaps it...
- Could You Pick Your Attorney Out Of A Line Up?
Posted May 9, 2008, 7:49 am by Tomasz Stasiuk
Are you represented by an attorney on your Social Security case? You are? Terrific! You obviously know that your chances of winning your case increase significantly if you have an lawyer helping you. Now, close your eyes - ok, wait until the end of this paragraph - then close your eyes and try to picture your attorney. Can you remember what he or she looks like? Do you have a better memory of their receptionist or legal assistant that the attorney who is supposed to represent you at your...
- Colorado Springs Car Accident Injures Man
Posted May 9, 2008, 3:29 am
A 30-year-old man was injured in a car accident in Colorado Springs on Saturday morning. The accident involved only one vehicle. It rolled over many times. Police say a 1984 Oldsmobile Sedan struck a curb line of Constitution Avenue and Avondale causing the Sedan to rollover several times. The Sedan finally came to rest in the front yard of 4818 Constitution Avenue. The driver was taken to a local hospital and is listed in critical condition. The police are investigating the accident. They...
- Twin Lakes Real Estate, LLC: the scope of subject matter jurisdiction in bankruptcy
Posted May 7, 2008, 9:54 pm
In re Twin Lakes Real Estate, LLC, BAP No. UT-07-055 (May 6, 2007). On appeal, the Tenth Circuit Bankruptcy Appellate Panel reviews a bankruptcy court's dismissal of a tax lien avoidance action concerning real property brought by trust beneficiaries in the "nominee" owner's bankruptcy case. The 10th Cir. BAP affirms the bankruptcy court's dismissal based on a lack of subject matter jurisdiction. This twelve-page decision begins with a brief analysis of the rule of finality as the basis for the...
- Tips When Filing For Disability
Posted May 7, 2008, 6:56 am by Tomasz Stasiuk
Dr. Fink of The Bipolar Blog has compiled a great list of suggestions for when you filing for disability benefits. Consult your doctor and therapist Keep your doctor appointments Have your doctor complete an RFC form for you Document everything File immediately Appeal Keep copies This is just a summary, the article goes into quite a bit of detail about each point. I do not agree with every point. For example, the article says the following about when to contact an attorney: Most disability...
- Lambert (9th Cir. BAP 2001): advance tax credit rebate pro-rated as of petition date
Posted May 6, 2008, 10:55 pm
Section 101(a) of The Economic Stimulus Act of 2008 (H.R. 5140) rewrites § 6428 of the Internal Revenue Code, which previously provided for an advance rebate in 2001 of a refundable tax credit on the 2001 federal tax return. On July 26, 2002, the Ninth Circuit Bankruptcy Appellate Panel affirmed a bankruptcy court's pro-ration of a postpetition advance tax credit rebate in Sticka v. Lambert (In re Lambert), BAP No. OR-02-1136-MoRyK (9th Cir. BAP 2002). In the underlying case, the trustee...
- Greening Your Community Association
Posted May 6, 2008, 1:10 pm by Suzanne M. Leff
"Going green" seems all the rage these days. From the cover of Newsweek, to hybrid vehicles, to Al Gore and the bevy of eco-friendly products at the local retail store, the push for consumer products and practices that minimize the impact on Earth and its resources has found its place in mainstream America. Community associations, too, play a role in the green movement. New or old, common interest communities impact the Earth at both the association level and the individual homeowner level....
- Rivera (Bankr. D. Colo. 2001): advance tax credit rebate received postpetition is not property of the estate
Posted May 5, 2008, 10:13 pm
Section 101(a) of The Economic Stimulus Act of 2008 (H.R. 5140) rewrites § 6428 of the Internal Revenue Code, which previously provided for an advance rebate in 2001 of a refundable tax credit on the 2001 federal tax return. At that time, at least one panel trustee in Colorado was demanding turn over the tax rebate check as property of the bankruptcy estate. M. Stephen Peters, the trustee in the chapter 7 case, In re Rivera, Bankruptcy No. 01-15995-DEC, 2001 WL 1432286 (Bankr. D. Colo. 2001),...
- Video: Taking The Dis Out of Disability
Posted May 5, 2008, 7:53 am by Tomasz Stasiuk
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- EOUST says the economic stimulus rebate is property of the bankruptcy estate.
Posted May 2, 2008, 4:14 pm
The "final" policy statement from the Executive Office of the United States Trustee dated April 30, 2008, regarding the economic stimulus payments is shown below. I have been unable to find an on-line link to this document.
- Disability Claims Based Anemia Or Other Blood Disorders
Posted May 2, 2008, 6:00 am by Tomasz Stasiuk
I was recently asked to write about how Social Security views disability claims based on anemia and other blood disorders. First, I will address how Social Security generally handles disability claims. If that puts you to sleep, just skip ahead a few paragraphs. In general, Social Security reviews cases using the five-step sequential evaluation process: Does your impairment keep you from being able to work? Is your impairment severe. That is, does her impairment have more than a minimal at...
- Is the Economic Stimulus rebate property of the bankruptcy estate?
Posted May 1, 2008, 1:10 am
A current concern for debtors - and a question among debtors' counsel - is whether the Economic Stimulus rebate checks must be turned over to trustees in pending bankruptcy cases. After reading The Economic Stimulus Act of 2008 (H.R. 5140), the only relevant parts of ESA08 to the bankruptcy estate issue appear to be a small portion of § 101(a) rewriting § 6428 of the Internal Revenue Code and maybe § 101(d). The bad news. ESA08 § 101(a) rewrites 11 U.S.C. § 6428 to include subsection (g)...
- More Info on Energy Bill
Posted April 30, 2008, 8:49 am
The approval of HB 08-1270 has caused us all to be more aware of energy efficiency issues. Is your association doing what it can to reduce energy consumption? Did you know that associations may be available for tax credits of 30% for installing solar devices? The average time to recoup the cost of a solar system to heat your community pool maybe as little of 5 years and loans may be available to make such purchases through banks like Community Association Banc. In addition, the Denver Water...