legal – Page 56 – Laws Regulations

Can a creditor ask a debtor to reaffirm the debt?

creditor debtor bankruptcy-law

Can a creditor ask a debtor to reaffirm the debt?

Yes, this means that the creditor is asking that the debtor pay the debt anyway, even though it is eligible to be discharged in bankruptcy. A debtor may be willing to do this if there is a co-signer or guarantor of the debt (such as a family member, friend or employer) that the debtor does not wish to leave saddled with the debt. Also, a debtor may want to reaffirm a debt in order to avoid having a secured creditor take the collateral securing the debt. A creditor may also ask a debtor to reaffirm the debt before he (the creditor) will agree to do business with the debtor again. This only applies in Chapter 7 consumer bankruptcy. This will not usually happen in a business Chapter 7.

The decision to reaffirm a debt is voluntary; no law requires the debtor to do it. The debtor can also choose to pay a debt that has been discharged in bankruptcy without reaffirming the debt, which means that the lender has no legal rights to collect the debt. Reaffirmation agreements can’t impose an undue burden on you or your dependents and must be in your best interest.

A debt is reaffirmed in an agreement filed with the court within 60 days after the first meeting of the creditors in the bankruptcy case, also called the 341 meeting. Once you sign a reaffirmation agreement you have 60 days or until the judge issues the discharge order in your bankruptcy case to cancel the agreement.

It is important to remember that a reaffirmed debt is not wiped out (discharged) in bankruptcy. Once your bankruptcy order is filed and the debt is reaffirmed, you must pay the debt. If you don’t, the creditor can sue you for the balance owed or repossess the property in a secured debt.

(Reviewed 11.4.08)

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Can a couple become legally married by living together as man and wife under ohio’s laws?

[Note: a couple legally married at common law in another state is regarded as married in all states.]

OHIO

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Are there hassles in international adoption?

International Adoption Adoption Law

Are there hassles in international adoption?

It will come as no surprise that the road to a successful international adoption is fairly daunting, involving vast amounts of paperwork and navigating the morass of legalities and documentary requirements of your own state, the U.S., and the laws of the child’s country of origin. Despite that, adoptions in which the child is from another country are increasing in frequency. Before you tackle an international adoption, we strongly recommend the assistance of a lawyer who specializes in immigration matters.

There are two routes to complete an international adoption: (1) you can go to the country where the child was born and bring him or her to the United States, or (2) bring the child to the US with the adoption process taking place in the United States. Either way, the adoptive and prospective adoptive parent(s) must be cleared through the Federal Immigration and Naturalization Service (INS).

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Can a couple become legally married by living together as man and wife under Massachusetts’ laws?

[Note: a couple legally married at common law in another state is regarded as married in all states.]

MASSACHUSETTS

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Can a couple become legally married by living together as man and wife under illinois’ laws?

[Note: a couple legally married at common law in another state is regarded as married in all states.]

ILLINOIS

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What happens with a child using a surrogate mother?

Surrogate Motherchild Adoption Law

What happens with a child using a surrogate mother?

In the few states that recognize surrogacy contracts, a surrogate mother, after “conceiving” through artificial insemination, gives up her parental rights and the child at birth. The child is then adopted by the wife of the biological father. Generally, the birth mother’s medical and hospital expenses are paid by the biological father.

If you are among the increasing number of married couples seeking surrogate parenthood, check out the laws in your state-you may be on shaky footing. There is no uniformity among and between the states. Surrogacy contracts are illegal in a handful of states, permitted in a small number if no money is involved, and allowed in a few if money is paid.

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Must an adoption be handled through an adoption agency?

Independent Adoption Adoption Law

Must an adoption be handled through an adoption agency?

No. The natural parents of a child can directly deal with the adoptive parents, in a case such as one in which an adoption occurs among families and friends. Private adoptions (also referred to as “independent adoptions”), facilitated by attorneys, doctors or other intermediaries, are also becoming more common. When dealing with a private adoption it is important to bear in mind that it is against the law to pay someone (or pay a broker’s fee) for a baby but providing the reasonable costs of medical and legal expenses of the natural parent is permitted.

Private adoptions may also occur where the natural parent(s) live in one state and the adoptive parents reside in another. Adoptions in which the child is from another country are increasing in frequency (see further information below).

Adoption support groups and information organizations may exist in your local area. These people may assist you by providing recommendations and referrals to those in your area who can help you with an adoption. When attempting a private adoption, advice and counsel from those who have successfully completed such an adoption can be extremely helpful.

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Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?

Maybe. Child support is awarded in the best interests of the child. In order to limit the amount of future child support payments, the interests of the child must be adequately considered. In theory, a disinterested Guardian Ad Litem for the child would have to be appointed and represent to the court that the best interest of the child would be to limit such future support payments. This would expose the Guardian Ad Litem to the possibility of a future claim by a former child (having reached the age of majority, s/he is considered to be competent to bring a legal action on his/her own) that the limitation of child support was not in his/her best interest. Thus, these limitations are rare.

Some states, however, will consider an argument that if there is a high level of income/wealth by one or both parents, a limit to the amount of support is proper. For example, suppose that the non-custodial parent has $1,000,000 in annual earned income which results in a guideline support amount of $300,000 to the custodial parent. In some states, the non-custodial parent may be able to argue that such a high level of support is not in the best interest of the child, and that a lower guideline support amount should be set.

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What is a second-parent adoption?

Second Parent Adoption Adoption Law

What is a second-parent adoption?

A child adopted by the unmarried partner of the child’s legal parent is a second-parent adoption. This route has been successfully used (where permitted by state law) by lesbians and gay men.

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What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable Adoption Estoppel Adoption Law

What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable adoption (also called putative or constructive adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.

Adoption by Estoppels happens when a parent tries to deny equitable adoption. If a parent has taken a child into his/her home, and acted as the parent of that child for a number of years, even without a formal adoption procedure, that parent is prevented from then denying parentage by adoption by estoppels. Because the child was not legally adopted, s/he cannot seek action in court; however, adoption by estoppels is a remedy that is available to the child, to claim adoption by the parent.

The legal doctrines of equitable adoption and adoption by estoppels typically arise when a person who took care of a minor child for many years dies. The decedent (person who has died) may have died without a Will and the child presents a claim to all or part of the estate based on one of these doctrines. If the decedent died with a Will and the child was not mentioned in the Will, the child may still present a claim for a portion of the parent’s estate on the basis of being an omitted or pretermitted child.

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