One of the main benefits of filing for bankruptcy is the ability to protect your property. However, these federal laws can be superseded by state laws regarding exceptions. Two states with very specific laws regarding these exceptions are Colorado and Connecticut.

In the western state of Colorado there are many different kinds of income and assets that can be considered as exceptions. First, there are a number of kinds of property or income that can be one hundred percent free of the threat of liquidation. This can include payments from regular life insurance and group life insurance. Secondly, there are some assets that are only partly protected. Unfortunately, this protection will not cover rental homes or vacation homes. Also, motor vehicles are protected but only for up to three thousand dollars in value. People with special needs, such as the disabled, may be able to protect up to six thousand dollars in value however.

The eastern state of Connecticut also has some very specific laws regarding bankruptcy exceptions. This state is thankfully more generous with certain exceptions. Things that are likely to be one hundred percent protected include payments from worker’s compensation, unemployment benefits, retirement plans, life insurance, and certain kinds of physical property such as household furniture and tools that are used in a debtor’s line of work.

The homestead exception in Connecticut is also much more generous. For a house, mobile home, or condominium, up to seventy five thousand dollars in equity can be protected. Unfortunately, the total claimed by two spouses who file cannot exceed this number. Unlike the homestead exception, the exception for motor vehicles can sometimes be less than it would be in Colorado. In Connecticut, up to fifteen hundred dollars in value of a vehicle can be protected. However, if a person files with a spouse, up to three thousand dollars can be protected.

Connecticut law also allows for something called a wild card exception. Using this wild card exception, a debtor can protect one thousand dollars in value of any kind of property he or she owns. This kind of protection does not exist in Colorado.

There are many other exceptions in these two states, and laws regarding exceptions can change rather quickly. This is why it is suggested that if you live in either Colorado or Connecticut and are considering filing for personal bankruptcy. This way, you can discuss exactly what property of yours can be protected during bankruptcy proceedings.

Coan, Lewendon, Gulliver & Miltenberger, LLC is a Connecticut bankruptcy law firm with expertise in the full range of commercial and personal bankruptcies and business reorganizations. For 28 years they have provided thoughtful and effective representation for clients in each bankruptcy court in the District of Connecticut.

Their practice in issues affecting the elderly and the incapacitated for the past 28 years has included counseling clients about options when planning for their health, housing, finances, and estate plans. Their reputation throughout the Connecticut legal community is one of respect for our exceptional depth of knowledge and for their dedication to their clients’ concerns. Their record of results speaks to the success of that dedication. Contact them by phone or email for more detail.

Divorces are often messy. Even when you thing the toughest part is done, another obstacle shortly pops up. After assets have been divided, custody has been awarded, and child support has been set up, visitation rights must be decided. Arrangements can be made between the parents but cannot be forced unless agreed upon in front of the court or a family law attorney.

Most lawyers and court systems encourage the parents to come to an agreement. If you cannot agree, they may require you to participate in some sort of mediation process to attempt a resolution. A third party such as a social worker may be used to help with the mediation process. When an agreement is not possible through mediation, the court makes the decision on visitation rights and the frequency of visits. The judge may require a mental evaluation to be performed on both of you.

Dragging this process out can be devastating to each contesting party and the children. One result is very high legal fees. The children are emotionally strained and confused. Sometimes a parent will be denied custodial or visitation rights. It is always better to work together and try to determine what is best for the children. If they have a great relationship with the non-custodial parent and they are close more frequent visits are better for the child. Strained relationships might need less frequent or supervised visits.

The child themselves can come between the visitation rights of the non-custodial parent and may refuse to see them. If this is happening, the issue should be discussed between the two of you so the parent with visitation rights knows it is the child’s choice and does not feel like the other parent is denying them their rights. If you automatically side with your child and visitation ceases, visitation rights can be enforced by the court. Even though it may be hard to discuss matters with your ex-spouse, discussing the children openly and dealing with visitation and custody problems together can decrease legal hassles and result in more positive and rewarding relationships between the children and both of their parents.

Any time the parent with primary custody prevents visitation from occurring it is called frustrated visitation rights. This can be innocent such as a sudden emergency during the visitation time. It can range all the way to very severe as in the parent skips state or country with the child. An act like this is considered kidnapping and is a criminal offense. Doing so intentionally can be grounds for the court to drastically modify or terminate the primary parent’s custody rights.

If you are currently dealing with visitation decisions due to a current divorce or are being denied your visitation rights, divorce lawyers can help with any matter relating to visitation. The family-law attorneys at the Stange Law Firm, LLC are dedicated to providing high quality legal consultation to our clients in matters of divorce, legal separation, child custody arrangements, paternity suits, child support, domestic violence, prenuptial agreements, grandparent visitation rights and other domestic litigation. They provide quality legal services throughout the Greater St. Louis area and offer free, half-hour consultations to those in need of legal counsel. Call or email them to set up your appointment.