What do bankruptcy and divorce have in common?

Question:      What do bankruptcy and divorce have in common?

Answer:         Both can provide a chance for a fresh start.

 

Which should I do first: Divorce or Bankruptcy?  And,

should I file with or without my soon to be ex-spouse?

As with many questions asked of an attorney, the answer is “It depends.”   Bankruptcy and divorce are two separate legal processes that often go hand in hand, but one can have a negative impact on the proceedings of the other.  A complex analysis is often needed to be able to realize all the benefits of a bankruptcy filing.

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New Overtime Rules Announced – Are you Ready?

Update:  November 23, 2016 – Federal Court puts Overtime Rules on Hold

A Federal Court judge in Texas has given business owners one more thing to be thankful for this Thanksgiving. The new overtime regulations regarding the increase of the salary level required for exempt employees has been temporarily barred from going into effect as planned on December 1, 2016.  On November 22, 2016, a judge hearing a number of consolidated cases contesting the new rule granted a motion for preliminary injunction, which stopped these regulations from being implemented. Continue reading

Sample Crummy Letter for ILIT

____________________

Date

 

 

 

Name and Addresses of Beneficiaries

 

__________________________________________

 

__________________________________________

 

__________________________________________

 

 

Re:       Rights of Withdrawal

 

 

Dear Beneficiaries:

 

 

On DATE, ____________, as Grantor, transferred to me, as Trustee of the ___________ Irrevocable Trust u/a dated ____.

 

Pursuant to certain provisions of the trust agreement you have rights of withdrawal:

 

♦   Every time a contribution is made to the trust, each member of the group

consisting of the then living children of Grantor’s Name and any living

children of a deceased child has a 30 day right to withdraw an amount equal to the amount of the contribution divided by the number of persons then holding withdrawal rights.

 

♦   Such 30-day withdrawal right commences upon the individual’s receipt of a

notice from the Trustees advising (him/her) of the existence of the withdrawal

right.

 

♦   The most that an individual can withdraw using the withdrawal right is

$14,000.00.  When 30 days have passed following an individual’s receipt

of notice of the withdrawal right, the right lapses.

 

As the Grantor has taken no action to eliminate rights of withdrawal arising connection with this contribution, the beneficiaries will have the right to withdraw the share of the amount contributed this year, up to $14,000.

The purpose of this letter is to advise you that you have the right to withdraw the amount contributed by the Grantor to the trust between  ___DATE  and the date of this letter.  This applicable amount is no more than $14,000.00 per beneficiary.

This right of withdrawal will continue for 30 days from the date you receive this letter.  If the right is not exercised within the 30-day period, or if you waiver the right to withdraw it will lapse and the funds will remain in trust to be administered in accordance with the provisions of the trust agreement.

If you wish to exercise the right of withdrawal, please send me a written statement on behalf of your child of your wish to exercise the withdrawal right within the 30-day period.

For my records, I would appreciate your signing the Acknowledgement at the end of this letter and returning it to me in the envelope provided, even if you do not intend to exercise the withdrawal rights.  This will provide me with evidence that you have received this notice.

 

 

Sincerely,

 

 

_________________________, Trustee

________

 

 

 

 

ACKNOWLEDGEMENT

 

I hereby acknowledge receipt of the foregoing letter on the day of _____________, 2014. I understand that the withdrawal rights referred to in the foregoing letter will lapse if I do not act to exercise such withdrawal right within 30 days following my receipt of this letter.  I understand that any exercise of my withdrawal right must be in writing addressed to the Trustee of the trust and mailed within the 30-day period commencing with the date of my receipt of this letter.

 

Initial:

 

______            We hereby request that you deliver the above-designated funds to us.

 

 

______            We hereby waive our rights to withdraw the above amount, and we further

waive any right to notice to withdraw any future contributions to the trust.

 

DATE:             ___________________________

 

 

_______________________________________________________________