Schimizzi Law, LLCSchimizzi Law, LLC2024-03-12T19:53:52Zhttps://www.schimizzilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203511/2023/04/cropped-favicon-schimizzi512-32x32.jpgOn Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467872024-03-12T19:53:52Z2024-03-12T19:53:52ZEstablish a payment method
You must make your payments to your trustee on time. While you might feel comfortable delivering your amounts to your trustee in person, you should factor in unforeseen situations that could delay a meeting, such as an illness or an accident that inflicts serious injuries. Some people also have crowded schedules and might have difficulty providing payments in person.
Fortunately, it is possible to secure a payroll deduction. This allows your trustee to acquire your money directly from your paycheck. Having this mechanism in place takes the pressure off you to give your payments to your trustee yourself.
Refrain from acquiring new debt
The idea behind a repayment plan is to pay as much of your debt as possible while also holding on to your property. Problems can arise if you take out any new debt. In bankruptcy, debtors should consult a trustee before obtaining additional debt. The trustee may determine that more debt will endanger your ability to fulfill your plan.
Create a budget
With a budget in place, you can live within strict means while you make payments. This is not just to complete the plan, though. Bankruptcy does not release you from certain obligations such as child support or alimony, and missing such payments can endanger your bankruptcy. So even as you budget so you can make Chapter 13 payments, you must also plan for other financial requirements.
Bankruptcy should help you regain your financial health. Knowing how to navigate the process can help boost your odds of success.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467862024-02-22T19:45:10Z2024-02-22T19:45:10ZOversharing personal information
In 2022, of 1,000 married women, 14.56 divorced. If you are going through a divorce, it is important to understand that the process of divorcing is often more complicated for those who post on social media. Resist the urge to air your grievances or share intimate details of your divorce proceedings on social media platforms. Posting emotional rants or sensitive information about your ex-spouse can escalate conflicts and have legal implications.
Posting questionable content
Think twice before posting photos or updates that your former spouse or a judge could misinterpret or use against you in court. Avoid sharing images of excessive partying, new relationships or expensive purchases, as these can undermine your credibility and impact custody or financial settlements.
Using social media for revenge
Refrain from using social media as a tool for retaliation or to seek revenge against your ex-partner. Posting negative comments or spreading rumors can prolong the divorce process and harm any chance of an amicable resolution.
Neglecting privacy settings
Review and adjust your privacy settings on social media platforms to control who can view your posts and personal information. Limiting access to your profile can help protect your privacy and prevent unwanted scrutiny from your ex-spouse or his or her associates.
Violating court orders
Adhere to any court orders or agreements regarding social media use during the divorce process. Violating these orders can result in legal repercussions and negatively affect the outcome of your case.
As you complete your divorce, consider the potential consequences of your social media activity on your children and former spouse.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467852024-02-22T19:41:34Z2024-02-22T19:41:34ZLife changes require plan updates
If you are one of the 33% of Americans with an estate plan, you may not understand how often it needs your attention. As life goes on, circumstances change. You might get married, have children, buy a house, start a business or experience changes in your health or finances. Each of these life events can impact your estate plan.
Laws and regulations evolve
Laws and regulations regarding estate planning are not static, and when they get updated, these changes may affect your estate plan. By regularly reviewing and updating your plan, you can ensure that it remains in compliance with current laws and regulations.
Protect your assets and minimize taxes
An outdated estate plan may not effectively protect your assets or minimize taxes. However, you can take advantage of new strategies or provisions that help preserve your wealth for your heirs. For example, you may want to explore options for reducing estate taxes or protecting assets from creditors.
Ensure your wishes get honored
By keeping your plan up to date, you can provide clear instructions for how you want your assets distributed and your affairs handled. This prevents confusion, disputes and potential legal battles among your loved ones.
Updating your estate plan is a small effort that can have a significant impact on your loved ones' future well-being.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467832023-12-22T19:13:49Z2023-12-22T19:13:49ZMarital property
Unlike community property states where there is a 50-50 split of assets, Pennsylvania follows the concept of equitable distribution. The first step in fair asset division is distinguishing between marital and separate property. Marital property typically includes assets acquired during the marriage, while separate property pertains to possessions owned before the union or acquired through inheritance or gift during the marriage.
Valuation of assets
After identifying marital property, the next step is determining its value. Common assets subject to valuation include real estate, vehicles, bank accounts, and retirement accounts. Accurate valuation is crucial for ensuring an equitable distribution.
Factors influencing distribution
Several factors influence the court's decision in dividing marital assets. These may include the length of the marriage, each spouse's contribution to the marital estate the age and health of both parties, and their respective earning capacities. Courts also consider the standard of living established during the marriage.
Debts and liabilities
In addition to assets, the division process also addresses debts and liabilities. Just as assets get distributed equitably, so too are marital debts. This ensures a fair and balanced separation of financial responsibilities.
Court discretion
Pennsylvania law grants the court the discretion to deviate from an equal distribution if circumstances warrant it. While equity is the primary goal, the court may consider factors that make an even split impractical or unfair.
In 2021, 806 divorces occurred in Westmoreland County. While every divorce has its unique challenges, the division of marital assets often adds another layer of complexity.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467822023-11-14T02:22:52Z2023-11-16T02:21:28Z1. Nature of the offense
The primary differentiator between misdemeanor and felony charges is the nature of the offense committed. Misdemeanors typically involve less serious crimes, such as minor theft, simple assault or possession of a small quantity of controlled substances. In contrast, felony charges are for more severe crimes, such as murder, armed robbery or large-scale drug trafficking.
2. Penalties and sentencing
One of the most significant distinctions between the two categories lies in the potential penalties and sentencing. Misdemeanor convictions typically result in less severe consequences. Offenders may face fines, probation or short-term imprisonment in county jails. Felony charges, on the other hand, can lead to substantially longer prison sentences in state correctional facilities, and fines that are significantly higher.
3. Collateral consequences
Misdemeanor convictions can still have a lasting impact on an individual's life. While they may not carry the same severe penalties as felonies, they can result in collateral consequences. These may include difficulties in obtaining employment, housing or educational opportunities, and the loss of certain civil rights, such as the right to possess firearms.
4. Criminal record
Both misdemeanor and felony convictions result in a criminal record. However, the impact of these records on an individual's life can differ significantly. Felony convictions often have a more profound effect on a person's ability to find employment, housing and reintegrate into society after serving their sentence. Potential employers or landlords may view misdemeanor convictions with less skepticism.
In 2021, the state had 131,869 new criminal filings. While every arrest is different, the right defense may help promote a better outcome.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467812023-11-14T02:19:22Z2023-11-14T02:19:22Z1. Last will and testament
A last will and testament, commonly known as a will, is a foundational document in any estate plan. It allows you to outline the distribution of your assets, such as real estate, personal property and financial holdings, upon your passing. A will also enables you to designate guardians for your minor children, should you have any.
2. Advance healthcare directive
Life is unpredictable, and you may find yourself in a situation where you cannot make medical decisions for yourself. An advance healthcare directive empowers you to appoint a trusted individual, known as a healthcare proxy, to make medical decisions on your behalf. This document also allows you to specify your preferences regarding medical treatment and end-of-life care.
3. Financial power of attorney
In the event that you become incapacitated, a financial power of attorney allows you to designate someone to manage your financial affairs, such as paying bills, managing investments and making financial decisions on your behalf. This can help ensure that your financial matters get handled smoothly and according to your preferences, without the need for court intervention.
Surprisingly, a recent survey indicated that only one in three Americans has an estate planning document. For people ready to buck that trend, taking the time to plan for the future provides peace of mind to both yourself and your loved ones]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467802023-09-19T18:51:10Z2023-09-21T18:50:34ZChapter 7 Bankruptcy offers a fresh start
Chapter 7 bankruptcy is often referred to as liquidation bankruptcy. In this process, an appointed trustee sells non-exempt assets to pay off creditors, and most unsecured debts get discharged. Chapter 7 is typically a faster route to debt relief and suitable for those with limited income or few valuable assets. Cons for this type of bankruptcy include that non-exempt assets may get sold to repay creditors, and not everyone qualifies for Chapter 7 bankruptcy as income and expenses determine eligibility.
Chapter 13 bankruptcy creates a repayment plan
Chapter 13 bankruptcy, also known as reorganization bankruptcy, is a structured repayment plan designed to help individuals with a regular income regain control of their finances. This option is suitable for those who want to keep their assets and catch up on overdue payments, such as mortgages or car loans. Under Chapter 13, a debtor proposes a repayment plan to the court, and creditors receive partial payment over a specified period. This type of bankruptcy takes longer to complete, and debtors must adhere to a strict budget during the repayment plan.
For approximately 374,000 people each year, bankruptcy offers the relief needed. When determining which bankruptcy chapter is right, your financial situation and future goals should factor into the decision.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467792023-09-19T18:50:46Z2023-09-19T18:50:13Z1. Speaking without caution
Many people make the mistake of speaking too freely, thinking they can explain their side of the story. However, prosecutors can use anything you say against you in court. Avoid volunteering information to law enforcement, friends, or even on social media.
2. Ignoring legal procedures
Ignoring court dates, failing to show up for hearings, or disregarding bail conditions can worsen your situation. Always stay informed about court dates and follow any instructions from the court carefully. Failure to do so can lead to additional charges or the revocation of bail.
3. Destroying evidence or influencing witnesses
Tampering with evidence or attempting to influence witnesses is a grave mistake. Destroying or altering evidence can lead to obstruction of justice charges while influencing witnesses can damage your credibility in court.
4. Talking about your case with others
Discussing your criminal case with friends, family, or acquaintances can lead to rumors, misinterpretations, or accidental disclosures to the wrong people. Keep your legal matters private and only share information with those directly involved in your case.
Every month, Pennsylvania courts have more than 12,000 cases to deal with, which means you may face a lengthy process. Avoiding common pitfalls may help you work toward a more favorable outcome in your legal proceedings.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467772023-09-12T20:45:55Z2023-09-12T20:45:55ZThe importance of temporary hearing orders
Temporary hearing orders help spouses maintain their financial stability and protect their interests during the divorce proceedings. They address important issues, such as child custody, spousal support and asset division, while the divorce is ongoing. These orders provide a sense of stability during a challenging period.
The consequences of not filing
Without these orders in place, spouses may find themselves in unwanted financial situations. This can cause emotional distress and hinder their ability to participate in divorce proceedings effectively. A temporary hearing order also reduces the potential for disputes and conflicts. Not having clear instructions can make disagreements escalate, leading to lengthy and costly legal battles. This can significantly prolong the divorce process and increase stress for both parties involved.
The impact on the final settlement
Temporary hearing orders can have a lasting impact on the final divorce settlement. These orders set a precedent for addressing certain issues during the divorce, and judges often consider them when making final decisions. If a spouse has been receiving temporary spousal support, for instance, it may influence the judge's decision regarding alimony in the final settlement.
At the end of 2021, Pennsylvania courts had 79,626 divorces pending. Knowing that a contested divorce takes time to finalize, temporary hearing orders offer a way to prevent unfair advantages or manipulation by either party, creating a level playing field.]]>On Behalf of Schimizzi Law, LLChttps://www.schimizzilaw.com/?p=467762023-09-12T20:44:26Z2023-09-12T20:44:26Z1. Academic fallout
One of the immediate impacts of public intoxication charges is the potential for academic consequences. Most colleges and universities have codes of conduct that students must adhere to, and public intoxication charges may violate these codes. This can lead to disciplinary actions such as suspension or expulsion, disrupting the student's educational journey and future prospects.
2. Financial burden
Public intoxication charges often come with fines and court fees. College students are already grappling with the financial strain of tuition, books and living expenses. Adding legal expenses to the mix can be overwhelming. These financial burdens can further hinder their ability to focus on their studies and succeed academically.
3. Criminal record
A conviction for public intoxication can result in a criminal record, which can haunt a student long after graduation. This record can impact their ability to secure employment, housing or even financial aid for future educational endeavors. It becomes a lasting blemish on their record, making it harder to move forward in life.
4. Educational and career goals
Public intoxication charges can also derail a student's long-term educational and career goals. Some professions require background checks, and a criminal record can be a barrier to entry. Students may have to rethink their career choices or invest additional time and effort to overcome these legal obstacles.
Every year, approximately 316,032 arrests happened due to public intoxication. While every case is different, college students may face more hurdles in overcoming these charges.]]>