Reflections on our Founding Fathers
Posted on 27. Oct, 2009 by briankoeberle.
A recent trip to Washington, DC has me reflecting on the wisdom of our founding fathers. As we toured the World War II, Korean, and Vietnam war memorials, I was reminded of John Adams’ quote that “great is the guilt of an unnecessary war.” Surely most Americans would agree that World War II was not [...]
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The Case of the “Famous Chicken”: Pay Attention at Baseball Games!
Posted on 21. Sep, 2009 by briankoeberle.
It has been a long-standing doctrine in sports law that spectators at a baseball game assume the risk of potentially getting hit by foul balls. The application of the assumption of risk doctrine thereby serves as a complete bar to recovery for damages caused by a foul ball. This doctrine has even been extended to [...]
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Homeowners Associations Have the Upper Hand!
Posted on 01. Sep, 2009 by briankoeberle.
Mad at your homeowners association? Considering not paying your annual assessment pending resolution of the dispute? You might want to think twice. Homeowners Associations (HOA’s) have gained a lot of power under Pennsylvania Law in the past decade or so. Since the adoption of the Uniform Planned Community Act (UPCA) in 1997, Pennsylvania law now [...]
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Defective Subdivision Plans Can Create Future Headaches
Posted on 25. Aug, 2009 by briankoeberle.
Recently I settled a case involving a defective subdivision plan that should be of interest to homeowners living – or contemplating buying a home – in a recorded subdivision plan. The developer in question bought the residue of a rural residential resort property out of bankruptcy court in the mid 1970′s. In 1978 the developer [...]
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When Someone Dies, Who Pays The Leftover Bills?
Posted on 01. Apr, 2009 by emmettjones.
When someone passes away, the job of closing up their estate usually falls on the shoulders of the executor (or administrator) of the estate; who is either specifically named in a will or appointed by the court. Since it is the job of the executor/administrator to wrap up the affairs of the deceased, what happens [...]
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Refinancing in Bankruptcy
Posted on 31. Mar, 2009 by emmettjones.
Refinancing is generally defined as a replacement of an existing debt with a new debt that has different (usually better) terms. People use refinancing or a “re-fi” for a myriad of different reasons; using extra money to pay off credit card debt, turn adjusted rate mortgages into fixed rate mortgages, consolidation of loans, etc. But [...]
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The Automatic Stay, Repossessions, Shut-off Notices, and Foreclosures
Posted on 27. Mar, 2009 by emmettjones.
Foreclosure rates are skyrocketing. Many employees have received pay-cuts, or lost their jobs entirely, making day-to-day living more difficult than it has ever been. Many are in danger of having vital utility services turned off, or losing their homes altogether. How does bankruptcy fit into these situations? The Automatic Stay. Although many people are afraid [...]
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Dying without a will and the PA Intestacy Statute
Posted on 26. Mar, 2009 by emmettjones.
Dying without a will is not the worst thing in the world, although it can create a myriad of problems for your surviving loved ones. That being said, having a will is definitely the best course of action (See: Why do you need a Will?). But, what if its too late for a will? [...]
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Bankruptcy and Cosigners Liability
Posted on 25. Mar, 2009 by emmettjones.
Because every situation is different, and certainly some are more complicated than others, not every bankruptcy is cut-and-dry. This post looks at the liability of the cosigner if the primary borrower files for bankruptcy. Co-signers and Chapter 7 Bankruptcy Chapter 7 debtors who file for, and complete their bankruptcy proceedings typically have all of their [...]
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Why do you need a will?
Posted on 17. Mar, 2009 by emmettjones.
Do you have a will or some sort of legally binding document explaining what is to happen with your assets after you pass away? If not, you should really be thinking about at least creating a simple will,unless you’d want to potentially have your property go to other people after your death. What exactly happens [...]
