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How Can I Stop My Car From Getting Repossessed?

Posted on Thursday, February 25th, 2016 at 8:57 am    

Car-Repossession-300x225A car is a necessity in modern life. We need to go to work, school, and home, and few of us live in walking distance. Therefore, the prospect of a car’s repossession is frightening. Once you finance or lease a car, your car lender has certain rights and remedies that come with the contract you sign. One remedy allows the lender to repossess your car if you default under the terms of your agreement. Your contract will specify what exactly constitutes a default but common examples include failing to make your payments or not having car insurance. Although many car owners assume they have grace period before repossession begins, the contract usually allows for repossession at the time of default.  Some Northern Kentucky car lots, such as Limited Motors, report that they offer at least a three week grace period to car owners in default before repossession begins.  However, often car lots will not guarantee a grace period and choose to exercise their repossession right quickly.

What Steps Should You Take If You Default on Your Loan?

If you are in default on your car loan and cannot make an immediate payment in full, you’ll want to take a few easy steps to avoid finding your car missing one morning. Your car loan lender can usually repossess your car without giving you any notice as long as the repossession does not breach the peace. “Breach the peace” is an important term, and generally means they cannot do anything illegal, including “disturbing the peace” by creating an argument with you or “breaking and entering” by going into your garage to take the vehicle. Repo men generally take cars at night when no one is around so no breach of the peace occurs. If you are in default and know or suspect a repossession is going to occur, considering doing the following:

1. Keeping the car in a garage.

2. Parking the car a distance away from your house and place of work, where it will not easily be found.

3. Parking the car in your backyard, where it cannot be seen from the road.

4. Asking a neighbor or friend to keep the car at their home, under a tarp or other cover.

Under any of these scenarios, you make it less likely that a repossession will occur because you prevent the repo man from finding or accessing the vehicle.

Filing Bankruptcy Ceases All Collection Attempts

A bankruptcy can help you to stop the repossession and even get your car back after repossession. When you file bankruptcy, the automatic stay goes into effect, which forces your creditors to cease all collection attempts against you. This means that your creditors cannot call you, continue with a lawsuit, repossess, sell, or foreclose on your property. With a few exceptions, you are completely protected by the bankruptcy and creditors must seek court permission before continuing their collection efforts.

If you are facing a repossession, you must choose a Chapter 13 bankruptcy in order to save the car. Your best bet is to file bankruptcy before the car is repossessed – if you do so, Lawrence & Associates can print a proof of bankruptcy filing for you that will prevent the repo man from taking your vehicle. Even if the car has been repossessed, you can get the car back if you file a Chapter 13 bankruptcy before the car is sold at auction. However, the timing of the auction is always in flux, so it can sometimes be difficult to get a bankruptcy filed and get notice to the lender before the auction occurs.

Hire Lawrence & Associates and Stop Repossession

Do you think your lender may try to take your car soon and you cannot afford to get caught up on your car payments? A bankruptcy may be your best option to stop repossession. Call Lawrence & Associates today! We’re Working Hard for the Working Class, and we can help you!


Attorney Justin Lawrence Wins at the Kentucky Supreme Court

Posted on Monday, February 22nd, 2016 at 3:21 pm    

kentucky-supreme-courtAttorney Justin Lawrence, founder of Lawrence & Associates, recently wrote an Amicus (or “Friend of the Court”) brief for the Kentucky AFL-CIO at the Kentucky Supreme Court. The brief concerned a Workers’ Compensation case in which the injured worker demanded full compensation for his injury and for lost income benefits stemming from the fact that his employer brought him back on a limited basis and then fired him. Lawrence & Associates is particularly happy that the Supreme Court adopted Justin’s argument that the employer bears the burden of proving why an employee is fired, rather than the prior rule of thumb which placed that burden on the employee, even if the employee was never told why he was fired!

The full text of the Kentucky Supreme Court opinion in Fuentes v. Ford Motor Company is below:

“Supreme Court of Kentucky.

John Fuertes, Appellant v. Ford Motor Co.; Honorable James Kerr, Administrative Law Judge; and Workers’ Compensation Board, Appellees.

2015–SC–000268–WC

Decided: February 18, 2016

COUNSEL FOR APPELLANT, JOHN FUERTES:  Charles E. Jennings COUNSEL FOR APPELLEE, FORD MOTOR CO.:  Peter J. Glauber, Philip J. Reverman, Jr., Elizabeth M. Hahn COUNSEL FOR AMICUS CURIAE, THE KENTUCKY CHAPTER OF AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS:  Justin Lee Lawrence
OPINION OF THE COURT

Appellant, John Fuertes, appeals a Court of Appeals decision which affirmed the Administrative Law Judge’s (“ALJ”) finding that his workers’ compensation award should not be enhanced by the two multiplier pursuant to KRS 342.730(1)(c)2. Because of this Court’s decision in Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky.2015), we reverse the Court of Appeals and remand this matter for further proceedings.

Fuertes suffered a work-related accident while employed by Appellee, Ford Motor Company, on October 30, 2003.  He filed for workers’ compensation.  Before his claim could be resolved, Fuertes was fired by Ford for “performance related issues.”  Fuertes contends that he was fired because of his work-related injuries.  Specifically, Fuertes states that he missed a lot of work to undergo rehabilitation or physical therapy.  He also was under work restrictions which limited his ability to perform his job.

After a review of the evidence, the ALJ found that Fuertes suffered a work-related injury to his right shoulder, right knee and neck.1  Workers’ compensation was awarded accordingly.  The ALJ declined to apply a multiplier to Fuertes’s award.  He stated that “[t]here is no evidence that [Fuertes’s] cessation of employment was the result of his work-related injury.”  See Chrysalis House, Inc. v. Tackett, 283 S.W.3d 671 (Ky.2009).  However, the ALJ failed to specifically address the application of KRS 342.730(1)(c)2, the two multiplier.  Fuertes filed a petition for reconsideration asking the ALJ to reconsider his finding that there was no evidence to indicate his termination was the result of his work-related injury and that the ALJ make a determination as to the reason Fuertes was fired.  The petition for reconsideration was denied.

Fuertes appealed to the Workers’ Compensation Board (“Board”).  The Board issued an opinion affirming in part, reversing in part, and remanding.  The Board found that the ALJ did not address Fuertes’s request in his petition for reconsideration for a determination as to the reason why he was terminated from Ford. Fuertes then appealed to the Court of Appeals requesting a remand to the ALJ for findings regarding his entitlement to the two multiplier per KRS 342.730(1)(c)2. The Court of Appeals found that the ALJ did address the applicability of the two multiplier, but remanded the matter to the Board for consideration of whether the ALJ erred in finding that substantial evidence did not support application of the multiplier.  On remand, the Board stated that, “the evidence did not compel a finding Fuertes was entitled to enhancement by the two multiplier at the time of the ALJ’s decision.”  The Board further stated that Fuertes’ speculative testimony did not compel the ALJ to find that the work-related injury led to his termination.  Fuertes again appealed to the Court of Appeals which affirmed the Board.  This appeal followed.

The Board’s review in this matter was limited to determining whether the evidence is sufficient to support the ALJ’s findings, or if the evidence compels a different result.  W. Baptist Hosp. v. Kelly, 827 S.W.2d 685, 687 (Ky.1992).  Further, the function of the Court of Appeals is to “correct the Board only where the Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice.”  Id. at 687–88.  Finally, review by this Court “is to address new or novel questions of statutory construction, or to reconsider precedent when such appears necessary, or to review a question of constitutional magnitude.”  Id. The ALJ, as fact-finder, has the sole discretion to judge the credibility of testimony and weight of evidence.  Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky.1985).

Fuertes argues that the Board and Court of Appeals erred by usurping the ALJ’s role as fact finder and interpreter of the evidence concerning application of the two multiplier to his award.  Fuertes also contends that the ALJ erred when he found that there was no evidence the termination was related to the work-related injury.  However, we need not address the merits of Fuertes’s arguments because this matter must be remanded for further fact finding.

Since the ALJ issued the opinion and order on remand and the opinion and order on reconsideration, this Court has reversed the portion of Chrysalis House, 283 S.W.3d 671, which held that the claimant’s failure to earn the same or greater wages must be related to the work-related injury before the two multiplier may be awarded.  Livingood, 467 S.W.3d at 249.  Instead this Court now holds that “KRS 342.730(1)(c)2 permits a double income benefit during any period that employment at the same or a greater wage ceases for any reason, with or without cause,’ except where the reason is the employee’s conduct shown to have been an intentional, deliberate action with a reckless disregard of the consequences either to himself or to another.”  Id. at 259

In this matter, no finding has been made whether Fuertes’s conduct at Ford satisfies this new standard so as to justify the denial of the application of the two multiplier.  On remand, the ALJ should make a finding of whether Fuertes engaged in conduct as outlined in Livingood that led to the reduction of hours he worked and ultimate termination.  We note that this is a high standard and basic bad behavior will not bar application of the two multiplier.  If Fuertes did not engage in such conduct, the two multiplier may be applied to his award.

Fuertes has additionally requested that this Court decide whether the claimant or employer has the burden of proof to show the employee was fired due to the type of misconduct as described in Livingood.  To prove that the claimant was fired because he committed that type of misconduct, evidence must be provided which supports the conclusion the claimant acted inappropriately.  Obviously it is unlikely that the claimant would admit to misconduct. Because of this, and since proving that type of misconduct occurred is a defense against application of the two multiplier, the burden of proof is upon the employer to show the claimant’s termination was caused by the type of behavior described in Livingood.

Thus, we reverse the decision of the Court of Appeals and remand the matter to the ALJ for proceedings consistent with this opinion.

FOOTNOTES

1.  Fuertes later was found to have suffered work-related hearing loss and he was awarded workers’ compensation.

All sitting.  All concur.”


Am I Covered Under Kentucky Workers’ Compensation?

Posted on Monday, February 8th, 2016 at 4:52 am    

**Workers compensation in the state of Kentucky is a state-mandated, “no-fault” insurance system that pays benefits to workers injured on the job. It is managed by Kentucky’s Department of Workers’ Claims. Any employer who has at least one employee must acquire this coverage before the employee’s first day of work. In return for carrying a workers’ comp policy, employers receive immunity from civil lawsuits filed by employees over workplace injuries.

There are a few circumstances where employers can be exempt. For example, purely agricultural workers are not covered by Kentucky Workers’ Compensation. However, agricultural activities are narrowly defined – for example, harvesting crops is considered agricultural but repairing the roof on a barn is not. If you are not sure whether you fall into the agricultural exception, the attorneys at Lawrence & Associates can research the issue for you, for free.

Other exceptions to Kentucky’s Workers’ Compensation system, although less common, include solitary domestic workers in private homes, workers in a charitable or religious organization, and workers covered by another Federal Act such as the Jones Act for American seamen.

Am I an Employee?

Generally, if you are drawing a paycheck from an employer, you are either an employee or an independent contractor. Figuring out which category you fall under is more an art than a science.

Kentucky has a case called Ratliff v. Redmon that sets out the following factors to determine who is an employee:

(a) the extent of control which, by the agreement, the master (boss/employer)may exercise over the details of the work;

(b) whether or not the one employed is engaged in a distinct occupation or business (Do they have their own company?);

(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;

(d) the skill required in the particular occupation;

(e) whether the employer of the workman supplies the instrumentalities, tools, and the place of work for the person doing the work;

(f) the length of time for which the person is employed;

(g) the method of payment, whether by the time or by the job;

(h) whether or not the work is a part of the regular business of the employer; and

(i) whether or not the parties believe they are creating the relationship of master and servant.

If you are confused, take comfort in the fact that you are not alone. Lawrence & Associates has litigated this issue on many occasions, and on each there are arguments for both sides. If you are not sure whether you qualify as an employee, give us a call and we’ll help you work your way through.

What Happens If I Fall Under an Exemption to Workers Compensation?

Although Kentucky’s workers’ compensation laws allow businesses to choose to be exempt from providing workers’ comp insurance, an exempt employer must still provide benefits to an injured worker. These employers also remain exposed to civil lawsuits brought by employees who are injured during work. In addition, employers that fail to carry workers’ compensation insurance can be hit with severe civil penalties and fines.

If you or someone you know has been injured at work, contact Lawrence & Associates today! We’re Working Hard for the Working Class, and we can help!


Social Media and Lawsuits – What You Say Can Be Used Against You by a Defense Attorney

Posted on Monday, February 1st, 2016 at 12:39 pm    

The American Association for Justice creates Trial Magazine, which discusses best practices for trial attorneys and their clients. A recent article on the use of social media by litigants gave ten excellent pointers.

socialmediaFor years, judges have allowed defense attorneys to look at social media accounts. Although this may not seem like a big deal at first (don’t teenagers allow everyone to see what they are doing on social media, all the time?), it can get very invasive. For example, let’s say you have a Facebook account that is set to private so no one can see what you post unless they are a friend. Then let’s say you were hurt in a car accident, and you sent instant messages to a friend on Facebook about the accident, but did not post about the accident on your wall. American case law says defense attorneys can force you to turn over the password for your entire Facebook account, and that the defense attorney can look through every instant message in the account and at every post you ever made to your wall, even if they have nothing to do with the car accident!

By comparison, when police enter a criminal’s home they are only allowed to look in the exact areas that a judge has specified in a subpoena – if the allegation is that they make meth in their basement, the police can go to the basement but may not be able to go through the bedroom drawers. In other words, Facebook users in a car accident have less of a right to online privacy from defense attorneys than meth manufacturers do from the police.

With that in mind, here are ten tips from the American Association for Justice to preserve your online privacy and still have a shot at getting justice in a lawsuit:

  1. Archive the contents of your current accounts – don’t just delete things; make sure there is a backup. Most social media sites will give you directions on how to do this.
  2. Deactivate or stop using your social media accounts. If you can’t deactivate, then after you archive you should delete any information about your injury.
  3. Turn on the highest privacy settings – make sure only your friends can see your information.
  4. Know who your friends are! Make lists of close friends and, if you are going to post during your lawsuit, only post to those close friends. Also, don’t accept random friend requests from people you don’t know.
  5. Become invisible by selecting “only friends” under the “search visibility” option in Facebook. Google Plus has a similar feature by unchecking the box for “Public Search Listing”.
  6. Remove all photos of yourself that are not head shots. Defense lawyers will use your private photos at trial!
  7. Anything you write can be used against you. What seems like a funny joke on Facebook might not seem too funny in a courtroom, and sarcasm doesn’t always come through! Think before you post.
  8. Keep all computers, tablets, or cell phones until the trial is over, even if you get a new one. Defense lawyers sometimes accuse you of destroying evidence if you don’t keep these.
  9. Don’t send messages about the case through instant messenger. Ever.
  10. Don’t join websites or web chat groups, even if they are about the law. Defense lawyers are allowed to troll these sites to try to pick up damaging information about you!

Lawrence & Associates – A Tech Savvy Law Firm

Lawrence & Associates is up to date on technological advances, and as a result we offer better protection from intrusive defense attorneys to our clients than many other firms. If you or someone you know had an accident in Kentucky but lives elsewhere, please do not hesitate to contact Lawrence & Associates for more information and assistance. We are Working Hard for the Working Class, and we can help!


How to File a Lawsuit in Kentucky When You Live in Another State

Posted on Tuesday, January 5th, 2016 at 9:41 am    

car-accident-kentuckyTens of thousands of people visit Kentucky every day. Some are traveling through on the way to somewhere else, some have come here to work from neighboring states, and some are here for vacation. It is inevitable that some of those people will get into car crashes or somehow get hurt while in Kentucky.  The Northern Kentucky attorneys at Lawrence & Associates have helped many injured people recover compensation for their injuries while keeping travel back to Kentucky at a minimum.  Filing and resolving a claim without traveling back to Kentucky isn’t inevitable, but it is possible.

Here are some recent examples of people we helped from outside Kentucky:

  1. Lawrence & Associates helped a man who used to work in Kentucky, but who now lives in South Carolina, file his Workers’ Compensation claim. He successfully recovered full benefits.
  2. Lawrence & Associates helped a family of five who were hit by a negligent driver while driving through Kentucky on a family vacation. Despite living in Michigan, the family was able to recover for their injuries without having to travel back to Kentucky.
  3. Lawrence & Associates filed a bankruptcy for a young woman who had recently moved to Indiana for a new job, only to lose the new job and find herself out of a paycheck and a home. Bankruptcy rules required her to file in Kentucky, and we made sure she only had to travel back one time.
  4. Lawrence & Associates helped several people file disability claims in Cincinnati despite having administrative law judges in Montana, New York, and Florida. We arranged for all hearings to be held by teleconference in downtown Cincinnati so our clients did not have to travel far from home.

Long Distance Representation is Easy with the Right Attorney

Lawrence & Associates represents so many clients from so many parts of the state because we use technology to make long distances disappear. We process the case paperlessly but sending documents to you via email or Dropbox. (Only two documents cannot be handled this way: our contract and the HIPAA authorization for injured people. Those must be snail mailed so we can get the originals.) Important meetings can be Skyped when necessary. With good communication, Lawrence & Associates’ attorneys can speak with you, gather information, and resolve your claim remotely, for maximum convenience to you.

Our comfort with technology comes by design. Lawrence & Associates stays on the cutting edge of changes in technology so we can provide our clients with an easier and more efficient experience.

Our Experienced Attorneys Handle Legal Matters Quickly

The law moves slowly, but we make every effort to handle matters quickly so all our clients have a minimum of disruption in their lives. Lawrence & Associates has a tremendous amount of experience at working with medical providers to gather medical records and bills.  Whether you went to a local hospital, like St. Elizabeth Medical Center, or you are treating with your own doctor at home, we can work with your provider to ensure that we receive accurate, timely copies of your medical records and bills. This is important; unsophisticated attorneys sometimes unintentionally create delays at the end of a case because they have not kept up with updates on medical records and bills. At Lawrence & Associates, your attorney will be ready to move forward when your treatment is done.

Further, Lawrence & Associates has a good relationship with local adjusters. Although we are adversaries, we are not antagonistic.  This is good for the out of state client because we can set up teleconference calls for adjusters that need a statement. An injured person should never give a statement without his or her attorney present, but it is unnecessary for the injured person and his or her attorney to be in the same room.  Modern technology has removed the necessity of traveling in order to make a recorded statement.

Lawrence & Associates Stands By Your Side

If a lawsuit needs to be filed, our attorneys will ensure that you do not need to attend most hearings in court, so that you miss a few days from work as possible and have as little travel time as possible. Getting skilled legal counsel increases the chances that you can receive compensation for your injuries with minimum effort on your part (beyond treating for your injuries, of course) and with maximum potential for your fair recovery.

As recent tractor-trailer accidents in Northern Kentucky show, everyone is at risk, even if just traveling through our state. If you or someone you know had an accident in Kentucky but lives elsewhere, please do not hesitate to contact Lawrence & Associates for more information and assistance. We are Working Hard for the Working Class, and we can help!


The Problem with Using Yelp When Searching for an Attorney

Posted on Monday, November 16th, 2015 at 4:30 pm    

Yelp can be a thorn in the side of many professionals because Google tends to emphasize Yelp reviews and even publish them in search results. However, Yelp reviews tend not to accurately capture a professional service’s – or any small business’s – actual client relationships. Many have complained about the service for various reasons, some going so far as to call it a scam. For lawyers, Yelp can be especially problematic, and not always as good as more specific services such as Avvo when it comes to ranking lawyers. Here are a few reasons why:

Yelp Requires Attorneys to List Specialties

Keyboard_typingRight off the bat, it’s easy to tell that Yelp is not designed for professionals such as attorneys. While the word “specialty” gets thrown around a lot, for a professional such as an attorney, doctor, or accountant, specialty can mean something very particular. In Kentucky, for example, attorneys are not allowed to claim a “specialty” at all except under very specific circumstances. Thus, even creating a listing on Yelp could theoretically land a Kentucky attorney in hot water! Lawrence & Associates has attempted to compromise by listing our areas of practice in this section, but by also explicitly stating that none is a “specialty” per se.

Yelp Hides Reviews at Random

Again, this is a problem that seems to affect professionals such as attorneys, doctors, or accountants. For whatever reason, our clients don’t seem to leave feedback on Yelp nearly as often as, say, a restaurant patron. For this reason, you will often see only a handful of reviews for an attorney compared to dozens of reviews for a local restaurant such as Grandview Tavern & Grille. Apparently because of this, Yelp tends to assume the relatively few reviews received by professional businesses are “fake” reviews rather than real ones. Look through many local professional listings and you will see reviews hidden as “not recommended” or negative reviews boosted above positive ones. At Lawrence & Associates, we have been fortunate enough to avoid any negative reviews on Yelp, although we’ve seen several clients express frustration that their reviews are not recommended and therefore not visible. Unfortunately, Yelp’s confusing assumptions about reviews for professional organizations tends to lead to the conclusion that there are not many reviews of the business out there or, worse, that the business’s clients are more dissatisfied with the business’s performance than they really are. In either event, this is again a problem that does not exist when using Avvo or Martindale Hubbel.

Yelp Does Not Have Categories for Most Types of Law

Finally, it can be difficult to find the type of attorney you need by using Yelp. Yelp does not have categories for many areas of law that people in the Greater Cincinnati area commonly need. For example, Lawrence & Associates practices in bankruptcy, personal injury, social security, and workers’ compensation. Yelp has categories for bankruptcy and personal injury, but not for social security or workers’ compensation. Looking for a patent attorney? You can’t use Yelp. Until Yelp focuses more on professional services, it is probably a good idea to look elsewhere for referrals to local businesses. As stated above, Avvo specializes in attorney referrals (you can see the listing for Justin Lawrence here).

Attorneys Can and Will Make Referrals to Other Attorneys

If you need a referral to an attorney, call Lawrence & Associates. Even if we can’t help you, we are happy to refer you to another reputable attorney near you. Lawrence & Associates is Working Hard for the Working Class. Call us today!


Frequent Bankruptcy Question: Can I File Bankruptcy More Than Once?

Posted on Wednesday, July 1st, 2015 at 9:34 pm    

bankruptcyOur Northern Kentucky office regularly helps local families file bankruptcy a second or even third time. More than one bankruptcy filing is not only possible, it can be expected in certain circumstances. For example, if a client has significant tax debts and credit card debts and knows high payments in a Chapter 13 bankruptcy are likely, it might make sense to file a Chapter 7 to get rid of the credit card debts first, and then file a Chapter 13 to pay off the tax debts.

The issue many clients do not understand is that a certain period of time has to happen between bankruptcies before the second bankruptcy can result in a discharge, or before the second bankruptcy is even possible. Lawrence & Associates’ attorneys see many people who need to file a second bankruptcy, only to get frustrated when they are told they cannot get a discharge or that they will have to file a different bankruptcy than the kind they wanted. For that reason, we are offering the following general guidelines for potential clients so they have a rough guess as to the options available to them in a second bankruptcy filing.

Filing a Chapter 7 as a Second Bankruptcy

You cannot file a Chapter 7 if you filed a previous Chapter 7 within the past eight years in which you received a discharge. Similarly, you cannot file a Chapter 7 if you filed a previous Chapter 13 within the past six years in which you received a discharge. There is an exception to the six year rule if your prior bankruptcy either paid all the unsecured claims in full or plan payments in the earlier case were at least seventy percent of the unsecureds and the good faith plan in the prior case was the debtor’s best effort. You also cannot file a Chapter 7 if you have had a previous bankruptcy dismissed either voluntarily by you, or because a Kentucky or Ohio court ruled that you were in bad faith or violation of a court order.

Some rules for you to take away: If it has been more than eight years since you filed your bankruptcy, you are ok no matter what you file now. If it has been less than eight years, you need to determine both whether a bankruptcy is possible and whether a discharge is possible. The six year test has exceptions that rely upon the judgment of the court in each individual case, and it is in your best interests to get an experienced bankruptcy attorney, like those at Lawrence & Associates, who will be familiar with the way local courts lean on this subject.

Filing a Chapter 13 as a Second Bankruptcy

As a general rule, a Chapter 13 bankruptcy can be filed at any time after a prior bankruptcy. The issue is not whether the Chapter 13 can be filed, but rather whether the debtor can receive a discharge in the Chapter 13. Discharge in a Chapter 13 will be denied if a prior Chapter 7, 11, or 12 was filed within four years of this Chapter 13’s filing, or if a prior Chapter 13 was filed within two years of this Chapter 13’s filing. Additionally, if the Chapter 13 is being filed within one year of a prior bankruptcy’s dismissal, a motion to extend the automatic stay must be filed so creditors do not have the right to pursue foreclosure, repossession, or garnishment during the bankruptcy.

A Chapter 13 can still have value even if a discharge is not available, so it is a good idea to talk to an experienced bankruptcy attorney to determine if a Chapter 13 will help no matter how long it has been since your last bankruptcy. Further, the automatic stay is critical for Northern Kentucky and Greater Cincinnati residents to preserve their assets in bankruptcy, so be sure to consult with a lawyer before filing.

Every Case Is Different, So Don’t Go It Alone!

These are general rules, and every case is different. There may be something about your case that is unique and requires a variation from the norm. Don’t file bankruptcy without legal help. Lawrence & Associates takes pride in representing Northern Kentucky and Greater Cincinnati residents just like you. We are Working Hard for the Working Class, and we can help. Call today!

Contact Us (859.371.5997) for a Free Consultation

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Lawrence & Associates Help a Client Offered Too Little By Her Workers’ Comp Carrier Get a Settlement for 10 times More!

Posted on Thursday, April 23rd, 2015 at 4:33 pm    

income checklist in a chapter 13 bankruptcyEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client from Dry Ridge, Kentucky went through an entire Workers’ Compensation claim with no problems. The adjuster was nice, the TTD checks came on time, and all the medical bills were paid. Everything went well until the end, when the Comp carrier offered a tiny amount to settle her claim. Our client realized something wasn’t right and called Lawrence & Associates to see if she was getting a fair shake on her settlement.

 

What We Did

Lawrence & Associates analyzed the claim and quickly realized that our client deserved far more to settle her Whole Person Impairment than the carrier was willing to give. We took on the case and assembled irrefutable proof that our client was owed far more than had been offered.

The Result

Our client was able to settle her case for $60,000, which was approximately ten times more than she had been offered before. Our client was thrilled and was able to get her money within two months of hiring Lawrence & Associates

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

If you lost a loved one in a work accident, we may be able to help you obtain survivor’s benefits. We know that there is simply no amount of money that can replace your loss, but we will work hard to get you the resources you need to make ends meet and begin moving forward in life.

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Lawrence & Associates Help a Guest of a Hotel Who Was Attacked on Their Premises Get Surgery

Posted on Friday, April 10th, 2015 at 4:34 pm    

At the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

While our client was staying at a hotel, he was attacked. The attack severely injured the client’s neck. Hotel employees witnessed the attack, but did not want to get involved. The owner of the hotel denied responsibility for the injury, and refused to pay for the client’s surgery.

What We Did

Lawrence & Associates filed a lawsuit against the hotel to enable our client to get surgery.

The Result

Lawrence & Associates obtained a recovery for our client and he was able to get all the necessary medical treatment he needed.


Lawrence & Associates Get a Prisoner Temporary Total Disability (TTD) and Surgery for an Accident That Happened While He Was Working

Posted on Thursday, April 9th, 2015 at 2:57 pm    

prisoner work programEveryday employees are injured while on the job and everyday employers and insurance companies try to deny those injuries have happened on the job because they are trying to minimize the value of claims. Our goal is to help our clients get the medical care they need to recover as much as possible. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client is a prisoner in the Kentucky state prison system. Shortly before he was incarcerated (for unrelated charges), he was injured at his work in Covington, Kentucky when a box fell from a high shelf and struck his shoulder. The Workers’ Compensation Carrier refused to provide medical treatment or Temporary Total Disability because it claimed our client, as a prisoner, was a ward of the prison system and would have to get treatment and other benefits that way. Unfortunately, the prison system also denied responsibility and client was left without medical care.

What We Did

At Lawrence & Associates, we believe everyone has rights under the laws of the Commonwealth of Kentucky. It did not matter that our client was a prisoner. We took his claim and filed it, proving to the Administrative Law Judge that our client required surgery related to his workplace injury.

The Result

Not only did we get surgery approved, but we also made the Workers’ Compensation carrier pay Temporary Total Disability (TTD) to our client while he was incarcerated. Our client is currently undergoing physical therapy and sending his TTD checks home to his wife and children.

Contact Us (859.371.5997) for a Free Consultation

Experienced Workers’ Compensation & Employment Law Attorneys

Lawrence & Associates have handled all types of workers’ compensation cases. Lawrence & Associates will work to build a strong and successful case for you.

Common Types of Work Injuries….

  • Back injuries and herniated discs
  • Head injuries and spinal cord injuries
  • Meniscus tears and other knee injuries
  • Shoulder injuries and rotator cuff damage
  • Complex regional pain syndrome
  • Exposure to toxic substances, including chemicals and mold
  • Carpal tunnel syndrome and other repetitive motion injuries
  • Construction accidents, including scaffolding collapses, falls and injuries caused by heavy equipment
  • Broken bones

If you lost a loved one in a work accident, we may be able to help you obtain survivor’s benefits. We know that there is simply no amount of money that can replace your loss, but we will work hard to get you the resources you need to make ends meet and begin moving forward in life.

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