Bastarrika, Soto, Gonzalez & Somohano, LLP.Woodland Park Family Law Attorney | Divorce | Child Custody2024-02-22T18:35:02Zhttps://www.bgsglaw.com/feed/atom/WordPressOn Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505532024-02-22T18:35:02Z2024-02-22T18:35:02Zundergo a means test. This test helps determine eligibility and the type of bankruptcy suitable for your situation. Exploring the benefits of completing a means test before declaring bankruptcy can help you understand why this bankruptcy requirement is so important.
Determines eligibility
The means test critically evaluates your financial standing to determine your eligibility for bankruptcy relief under Chapter 7 or Chapter 13. It assesses income, expenses and debts to ascertain whether you qualify for a debt discharge or repayment plan.
This test compares your income to the median income in New Mexico for a household of similar size. If your income is below the state’s median, you’ll typically qualify for Chapter 7 bankruptcy. If it exceeds the median, further expenses and disposable income are evaluated to determine Chapter 13 eligibility.
Completing a means test provides clarity on whether you’ll qualify for Chapter 7 bankruptcy or if Chapter 13 is a more suitable option. This can help ensure you pursue the right path towards financial relief. This way, you can avoid potential complications due to ineligibility.
Tailored repayment plans
Suppose you’re ineligible for Chapter 7 bankruptcy due to higher income. In that case, completing a means test facilitates the development of a feasible repayment plan under Chapter 13. This plan consolidates debts and establishes manageable monthly payments based on your disposable income. This may allow you to enjoy a structured debt repayment while retaining your assets.
Avoids dismissals and delays
Failure to complete a means test accurately can lead to the dismissal of bankruptcy petitions or delays in the process. You can mitigate the risk of setbacks by proactively undergoing the means test and ensuring compliance with eligibility criteria. This can help ensure a streamlined bankruptcy process and timely resolution of financial challenges.
Completing a means test before filing for bankruptcy offers several benefits, including eligibility determination, tailored repayment plans and avoidance of dismissals or delays. By understanding the significance of the means test, you can make informed decisions regarding bankruptcy, potentially paving the way for a smoother financial recovery journey.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505522024-02-01T18:06:37Z2024-02-01T18:06:37ZWhat is the third-party doctrine?
The third-party doctrine is a legal concept that asserts individuals relinquish their expectation of privacy concerning information shared with third parties. Originally stemming from the United States v. Miller (1976) and Smith v. Maryland (1979) cases, this doctrine has significant implications for digital privacy in the 21st century.
In the landmark U.S. v. Miller (1976) case, the Supreme Court held that individuals have no legitimate expectation of privacy concerning financial records held by banks. This decision set a precedent, forming the bedrock of the third-party doctrine. Building on U.S. v. Miller, the Smith v. Maryland case extended the doctrine to telephone metadata. The court ruled that individuals don’t possess a reasonable expectation of privacy regarding numbers dialed on a telephone since they willingly share this information with the phone company.
The third-party doctrine in the 21st century
In the era of rapid technological advancement, the third-party doctrine has become more and more ambiguous. With the omnipresence of online communication and digital transactions, individuals inevitably share vast amounts of personal data with various service providers. This raises questions about the extent to which the doctrine applies in the digital age.
Understanding the implications of the third-party doctrine is crucial as society becomes more reliant on digital services. Individuals must be aware of the privacy risks of sharing information online and the potential consequences during legal proceedings.
The Fourth Amendment’s third-party doctrine is a nuanced legal concept with far-reaching privacy implications. Suppose you believe that the evidence against you was obtained through a warrantless search or other questionable means. In that case, you should consider engaging a legal team that understands the interplay between the Fourth Amendment and the Third-Party Doctrine to help you challenge its admissibility in court.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505502023-11-27T20:26:12Z2023-11-27T20:26:12ZWhat happens after a divorce when you have a mortgage?
For most couples, a house is usually the most significant asset requiring consideration during a divorce. Some options that family law courts offer couples during a divorce include selling the house and dividing the profits, using the house as an investment property with shared profits, or one spouse relinquishing the property to the other.
If one spouse opts for sole ownership of the marital home, this individual must consider if they can afford the expenses associated with this decision. Property taxes and maintenance are extra costs to consider besides the mortgage.
How do you remove one partner from the mortgage?
There are two ways of removing one spouse from the mortgage. One option is to have the spouse remaining in the home assume the mortgage. Refinancing is the other option.
Mortgage assumptions are rarely permitted today. Refinancing can be beneficial if interest rates have decreased since closing on the home.
Refinancing is not always part of a divorce agreement. However, if refinancing comes into play, the spouse who keeps the home must qualify for a new loan.
How do you divide the equity?
Home equity is the difference between the market value and the amount owed on the mortgage. The divorce decree details the equity division between the spouses.
Cash-out refinances are a typical solution when one spouse buys out the other. These loans provide bigger payments where you receive the cash difference.
Going through a divorce is never easy. However, considering your options and doing the necessary research will help you make the right choice.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505482023-11-08T22:35:49Z2023-11-08T22:35:49ZTypes of executive compensation
Stock options are a common form of compensation given to executives and other important employees. An option gives the holder the right to buy shares at a predetermined price, which will ideally be less than what the stock trades for when it is exercised. Top managers and employees may also be given bonuses at the end of the year for hitting sales goals or meeting other expectations on a monthly, quarterly or yearly basis. For instance, a bonus may be given out for increasing sales by 10% in a quarter or for taking steps that boosts the company's stock price.
Accounting for executive compensation
Any compensation that is paid out prior to the divorce will typically be divided during the divorce itself. Compensation that is awarded at a later date may also be included in a divorce decree assuming that actions that led to a bonus or stock option occurred prior to the end of the marriage. Otherwise, a family law judge may decide that future compensation is a separate asset that shouldn't be part of the marital estate.
As with other assets, there are steps that you can take to protect your right to keep or receive executive compensation. These steps may include the use of a prenuptial agreement or waiving your right to other items in exchange for keeping your bonus or stock options.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505452023-11-02T19:50:54Z2023-11-02T19:50:54ZVariations in automobile collisions
The various descriptions of automobile accidents focus on the point of impact. A frontal collision and a rear collision will delineate the most obvious accidents: a head-on or a rear-end crash. Drivers may fear a head-on collision more because of the risks of fatalities, but rear-end collisions could be just as deadly.
Other accidents could be side collisions, sideswipes and rotational crashes. A rotational crash is essentially when the vehicle spins after being hit at a corner. The spinning could lead to the vehicle crashing into another car. Rollover accidents are also possible, involving the vehicle flipping on its side or completely turning over. A turned-over vehicle presents a hazardous situation for those trapped inside.
Liabilities and vehicle accidents
When someone suffers harm in a car accident, the person may seek compensation through legal means when negligence leads to the accident. If drivers are not paying attention when approaching a stop sign, they could be liable for rear-end motor vehicle accidents because of distracted driving. Someone who crosses a double line to make an illegal might face civil claims if they sideswipe another car. A driver who hits a turn too fast and rolls over may also be liable for injuries to others.
The vast majority of car crashes are caused by human error. Accordingly, an injured victim can seek compensation from the responsible party when the collision was the result of negligence.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505422023-10-23T17:42:05Z2023-10-23T17:42:05ZParole authority
Programs based on parole authority allow migrants to enter the United States on a temporary basis for humanitarian reasons. Two sponsorship initiatives based on parole authority have allowed hundreds of thousands of migrants from Ukraine, Nicaragua, Cuba and Haiti to enter the United States, and the parole process is being used to process 1,500 asylum seekers st the southern border each day. A family reunification program is being introduced for Ecuadorians because their numbers have surged at the southern border in recent months. This worries officials because Mexico has eliminated visa-free travel to and from Ecuador, which means Ecuadorian migrants have to pass through miles of dangerous jungle to reach the United States.
Family reunification program
Ecuadorian migrants will qualify for the family reunification program if they are being sponsored for immigrant visas by relatives who are U.S. citizens or permanent residents. These family members will be notified by the immigration authorities when their visa applications are approved. Their relatives in Ecuador would then be able to avoid immigration backlogs and quotas and work legally in the United States.
Humanitarian assistance
Initiatives like the Ecuadorian family reunification program are a form of humanitarian assistance because they offer people in war-torn or economically depressed countries a safe harbor. They also allow migrants from these countries to fly to the United States instead of making perilous journeys on foot.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505402023-10-09T03:25:12Z2023-10-09T03:25:12ZTemporary Protected Status
Countries are granted TPS when returning to them would be dangerous because of a war, natural disaster or some other extraordinary and temporary emergency situation. Afghanistan was granted TPS because an ongoing armed conflict is endangering and displacing civilians, destroying crucial infrastructure and health care facilities and making food and clean water difficult to obtain.
TPS beneficiaries
The extension of Afghanistan’s TPS will allow the approximately 3,000 Afghan TPS beneficiaries to remain in the United States until at least May 2025 as long as they continue to meet the program’s eligibility requirements. It will also give more than 14,000 Afghan nationals and stateless individuals who last lived in Afghanistan the opportunity to apply for TPS protection. To qualify for this immigration designation, Afghans or stateless individuals who last lived in Afghanistan must be physically present in the United States when the 18-month TPS extension begins on Nov. 21.
Temporary protection
The T in TPS stands for temporary, which means the protection that it provides to Afghan nationals in the United States will end at some point. Afghan nationals who wish to remain in America permanently can seek employment or family visas, or they could submit asylum claims if they would face persecution in Afghanistan based on their race, religion, nationality or political opinions.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505382023-09-25T17:46:16Z2023-09-25T17:46:16ZPossession of cocaine
If you are found to be in possession of cocaine, you could be fined up to $35,000. You may also be sentenced to jail time or other penalties depending on if you have a criminal record and other factors. If you are found with a substantial amount of cocaine, you could be charged with an attempt to sell or traffic it. As part of your criminal defense strategy, it may be possible to dispute that the cocaine belonged to you.
Selling or trafficking cocaine
A conviction for selling or trafficking cocaine depends on the quantity of the substance that you were found with or trying to sell. It also depends on where you were trying to sell it and who you were trying to sell it to. For instance, if you were attempting to sell more than five ounces, you could go to prison and face a $300,000 fine. The penalties would be double for selling within 1,000 feet of a school, to a minor or to a pregnant person.
Although you may be charged with possession or attempting to sell cocaine, there is no guarantee that you'll be convicted. It's possible that a prosecutor will offer a plea deal or that casting doubt on evidence presented at trial will result in an acquittal at trial.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505362023-09-13T22:18:50Z2023-09-13T22:18:50ZPretextual stops and worrisome issues
While many violent offenders may face arrest after making a mistake while driving, there are incidents where the police overstep their bounds. And yes, even if the suspect is guilty of a particular crime, the individual still has constitutional rights, including those afforded under the Fourth Amendment. The Fourth Amendment protects citizens against illegal searches and seizures, although violations of these rights occur.
For example, a driver might not come to a complete stop at a stop sign, and the police may pull the vehicle over to issue a citation. An officer could claim to smell marijuana, leading to a search of the vehicle that uncovers a substantial quantity of drugs. Yet, the officer's partners could later testify they did not smell marijuana, raising questions about whether the other officer was truthful. The search could be illegal if the officer lied about the probable cause to search the vehicle.
Defending the charges
There are several things a criminal defense might raise about an improper traffic stop. Returning to the previous example, if dash cam footage shows a driver did come to a complete stop at a stop sign, the police might not have probable cause to stop the vehicle. Without probable cause, the search could be illegal.
When it appears evidence was obtained illegally, the defense may file a motion to suppress the evidence. If the court rules in the motion’s favor, the prosecutor’s case might falter. Without evidence, a conviction may be unlikely.]]>On Behalf of Bastarrika, Soto, Gonzalez & Somohano, L.L.P.https://www.bgsglaw.com/?p=505342023-09-04T02:13:47Z2023-09-01T02:13:15ZThe U visa program
The U visa program was introduced when the Victims of Trafficking and Violence Prevention Act was passed in 2000. The program was included in the legislation to help the authorities investigate serious crimes like human trafficking that often have immigrant victims. It was believed that offering a speedier path to citizenship would encourage immigrants to report crimes and cooperate with law enforcement. The 2000 law allows immigration authorities to issue up to 10,000 U visas each year.
Huge backlog
The U.S. Citizenship and Immigration Services has reported that there are more than 300,000 pending U visa applications, and some of them are more likely to be approved than others. That is because “full cooperation” is a term that is subject to interpretation. In some parts of the country, officials only certify that an immigrant cooperated fully if their perpetrator is apprehended. The rules were revised in 2021 to allow immigrants waiting for U visas to apply for work permits, but that provides little relief because it can take longer than four years to receive a work permit.
The best of intentions
The U visa program was introduced with the best of intentions, but long waiting times, an application backlog and vague rules have made it less appealing to immigrant crime victims than it could have been. Congress could address the program’s major shortcomings by clarifying its language and increasing the number of U visas that can be issued each year.]]>