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The Idaho Senior Legal Risk Detector is a joint project of Idaho Legal Aid Services, Inc. and ProBono.Net. The purpose of the risk detector is detect issues for seniors or the elderly related to housing, debt, financial exploitation, healthcare, and abuse and to do so quickly and accurately.
To determine whether you, as a senior are at risk, or whether a loved one who is a senior is at risk, please visit our Idaho Senior Legal Risk Detector to answer some questions:
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
As they plan for the time when they may need long-term care, consumers are likely to face some difficult and uncomfortable questions. What would I do if I were no longer able to care for myself? Would someone in my family take care of me, or would I seek care elsewhere? And how would caregivers get paid?...
It’s a task that few of us look forward to: arranging for help to be there if, as senior citizens, we
are no longer able to care for ourselves. For 1.4 million seniors, that care comes in a nursing home
where most residents have their bills paid by the government through the Medicaid program. For
millions of others, that care comes from family members or paid providers, in homes or assisted living
facilities...
A pension plan is an agreement between an employee, their employer and, for some jobs, the union. Sometimes, the employer contributes and sometimes the employee does as well. Employers are not required to have pension plans. A federal law, the Employee Retirement Income Security Act of 1974 (ERISA), sets the standards for private pensions. It also provides guaranteed pensions in some cases.
The federal Railroad Retirement Board handles this benefit program for eligible workers and their families.
General Eligibility
Like Social Security, Railroad Retirement benefits are based on months of service and earnings credits. Employees of railroads engaged in interstate commerce, some related industries, railway associations, and national railway labor organizations qualify for Railroad Retirement after 10 years of credited work.
Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
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