By: Trev E. PetersonIf you are sending your college aged student back to school, you should be concerned about obtaining a health care power of attorney (“HCPOA”) for your student. If your child is over 19 (or 18 in some states) the child is no longer legally classified as a “child” and you as a [...]
The Knudsen Law Firm will be closed Friday, July 3rd in observance of Independence Day. Have a safe and happy 4th of July weekend!
The Supreme Court of the United States ruled that it is unlawful for employers to discriminate against an individual based on sexual orientation or gender identity. The Court decided that such discrimination constituted a violation of Title VII. Title VII provides protections against discrimination on the basis of race, color, religion, sex and national origin. [...]
By: Trev E. Peterson Nebraska holds that Social Security funds that are comingled in a bank account are exempt from garnishment, if the account owner can prove that the funds deposited in the account were exempt funds. Schaefer Shapiro, LLP v. Ball, 305 Neb. 669, ___ N.W.2d ___ (2020) involved an appeal of a garnishment [...]
Knudsen law is prioritizing safe estate planning during the COVID-19 pandemic. This virus has upended our world and how we think about planning for the future. Many understandably feel great uncertainty about estate planning during this time. The increased urgency to have a secure plan conflicts with concerns of in-person meetings and even leaving the [...]
By: Trev E. Peterson No, debtors in Chapter 13 cases do not have to include the COVID-19 stimulus payments received from the federal government in income payable to the Chapter 13 trustee under a Chapter 13 plan. Congress specifically excluded the COVID-19 stimulus payments from the definition of income in computing debtors’ disposable net [...]
By: Trev E. Peterson What happens when you do not pay your real estate taxes? Nebraska law provides two methods to collect unpaid real estate taxes. The county can sell tax sale certificates that allow the holder of the certificate to either foreclose the county’s lien for the unpaid real estate taxes or allow [...]
By: Trev E. Peterson Congress adopted a series of changes to the Bankruptcy Code in connection with the current pandemic under the Coronavirus Aid Relief and Economic Security Act (“CARES Act”). This article focuses on changes made by the CARES Act applicable to cases involving the new Subchapter V to Chapter 11. Generally Subchapter [...]
By: Trev E. Peterson Congress adopted a series of changes to the Bankruptcy Code in connection with the current pandemic. This article focuses on changes applicable to cases involving consumer debtors. Consumer cases are cases where the debts are primarily consumer debts—such as medical debt, home loans, car loans and credit card debt. Congress [...]
The Families First Coronavirus Response Act (FFCRA) requires covered employers to offer additional paid sick leave as well as paid Family Medical Leave in order to care for children because of school or daycare closures. The FFCRA applies to employers with 1-499 employees. Some employers with fewer than 50 employees may qualify for an exemption [...]