Gatlin Voelker

by

Two of the most popular business structures today are limited liability companies (LLC’s) and sole proprietorships. An LLC is simple to set up and easy to maintain while both LLC’s and sole proprietorships offer various benefits. However, if you are deciding between the two, it is often the case that the benefits of an LLC surpass those of a sole proprietorship.

What Is an LLC?

An LLC is a business structure that is recognized at the state level but has possible federal tax implications. In some ways an LLC mirrors a corporation and in some ways it resembles a sole proprietorship. An LLC is characterized by a flexible business structure, legal protection of the owner’s personal assets, and possible tax advantages.

What Is a Sole Proprietorship?

A sole proprietorship is the simplest business structure. In a sole proprietorship, there is one owner whose personal assets are not distinct from their business assets. It is essentially equivalent to the single owner, and is formed by the act of doing business. There are no state forms or filing requirements other than taxes.

Benefits of Forming an LLC Instead of a Sole Proprietorship

Every business decision you make includes a set of objective facts applied to a subjective situation. In many scenarios, an LLC ends up offering more benefits for a small business than a sole proprietorship, but it always depends.

That being said, some of the typical benefits of LLC’s include the following.

Taxes. When it comes to taxation for LLC’s and sole proprietorships, there are some similarities, but also a few important differences in key categories:

  • Double taxation. Both LLC’s and sole proprietorships avoid the double taxation that corporations undergo; however, depending on your individual tax rates, it may make sense to be taxed at the corporate level.  Always consult with a tax professional. This is because the IRS considers both business structures to be “pass-through entities,” meaning that any business income is reported through the owner’s (or owners’) individual tax return rather than a separate business return. An LLC enjoys this privilege because it is only recognized at the state level as a registered business; federally, an LLC is recognized as a sole proprietorship.
  • S corp filing. A sole proprietorship does not have the option to file as an S corporation, while an LLC can elect to file as a partnership or corporation or be a disregarded entity. Depending on the individual situation, this flexibility may result in overall tax savings for the LLC.
  • Self-employment tax. Both LLC’s and sole proprietorships are subject to self-employment tax, which can be high. However, some self-employment taxes can be reduced for higher wage earners.

Funding. The flexibility of an LLC will encourage funding by investors. An investor will be able to gain ownership interest without the risk of liability. If you plan to expand ownership or get a loan, an LLC will work better for you in most cases.

Formation and Legal Requirements. It doesn’t get easier than creating a sole proprietorship, but LLC’s are also easy to start and maintain. Both require little paperwork, and most states have minimal regulations for operating an LLC (for example, you are not required to have regular shareholder meetings).


Looking to start your own business but not sure where to begin? Our experienced business attorneys are here for you. Contact us to set up an appointment to discuss your goals and create a plan.


Ownership. This may seem like an obvious difference, but in a sole proprietorship, there is just one owner, whereas an LLC can have one or more owners. There is quite a bit of flexibility allowed by an LLC, since it can be run by either the owner or owners (called “members”), or by managers (elected by members). There are also multiple leadership structures available to an LLC, so you can keep it simple or model it off a corporation with a board of directors.

Liability. This is perhaps the most significant area of concern when it comes to sole proprietorships, and it is often the area where LLC’s carry the most weight in a decision between the two structures. There is potentially a lot of risk associated with sole proprietorships due to the following:

  • Personal loss. A sole proprietorship offers no separation of business and personal assets; this means if you end up in debt or you are being sued, your personal assets can easily be attacked and lost. Even if you have to file bankruptcy, your personal assets will be affected.
  • Termination of the business. If a sole proprietor passes away or becomes unable to run the business, the business will be terminated by default.

To mitigate these concerns, a sole proprietor can purchase business insurance appropriate for their industry. While it can be expensive and won’t solve the issue entirely, it is worth considering if you strongly feel a sole proprietorship is right for you.

Overall, the benefits of an LLC outweigh a sole proprietorship in this area. With an LLC, if you are sued or dealing with debt, your personal assets will be protected as long as you didn’t act fraudulently, unethically, or irresponsibly in the events leading up to the lawsuit or debt.


Things to Consider When Choosing an LLC or Sole Proprietorship

Your industry. Perhaps if you started a neighborhood lawn care business or work as a freelance blogger, a sole proprietorship will make more sense for you because you don’t have as pressing a need for the benefits of an LLC. On the other hand, if your business carries inventory or you are in an industry that is more likely to be sued (such as construction), an LLC is probably going to be a wiser decision for you.

Your ownership plan. If you plan to bring on partners or hire employees, an LLC typically offers better protection and tax advantages.

Your goals for your business. Owners who wish to expand their business down the line, especially if it’s a long-term expansion plan, should seriously consider forming an LLC.

The bottom line: In most cases, an LLC is going to be a better choice for a business due to the asset protection, flexibility, and tax advantages it provides, but it does depend on your unique situation. Before making any major business decision, it’s best to consult with an attorney first to understand your options and move forward in the best way for your business.


Wondering whether an LLC or sole proprietorship is right for you? Get in touch with one of our business attorneys today. We are business owners ourselves, so we understand how much your business means to you and how important it is to make the best decisions.

by

Are you wondering if filing as an S corporation is right for your business? Depending on your circumstances and the state where your business is located, filing as an S corporation may be an efficient way to maximize tax savings while offering personal asset protection.  However, with the Tax Cuts and Jobs act of 2017, most of the advantages of filing as an S corporation no longer make sense. 

The plan emphasized cutting the corporate tax rate and simplifying the individual income tax system. Whether a hugely profitable multinational corporation or a sole proprietorship, every business that counts as a C corporation (or C-Corp) is now taxed at a flat rate of 21%, down from the original 35%.  Further, because many LLC owners can deduct up to 20% of their business income before their tax is calculated, it can be highly beneficial to file as an LLC based on an individual’s own personal income tax rate. This could range from 10% to 37% based on each individual’s unique filing status and income level.

What Is an S Corporation?

An S corporation (Subchapter S of the first chapter of the IRS Code) is a type of business tax status that has similar tax advantages as a partnership or LLC.

If your business meets these requirements, you may be eligible for S corporation filing:

  • Domestic Corporation: Most companies registered as LLCs or C corps are allowed (exceptions include sales corporation, insurance company, or financial institution).
  • Shareholders: The business must have no more than one hundred shareholders, all shareholders must be U.S. citizens, and partnerships and corporations must not be shareholders.

What Are the Advantages of an S Corporation Filing?

If you live in a state that recognizes S corporation filing, making the switch could be a smart move for your business. Here are some of the advantages to filing as an S corporation.

Potential Tax Benefits (Always consult with your Tax Professional)

In most states (including Kentucky and Ohio), a company that has filed as an S corporation is considered a pass-through entity, meaning that you would file your business and personal taxes together rather than separately, thus avoiding double taxation.  However, under current law, your rates may be lower at the c-corporation level.

Although the corporation would still furnish an annual information return (Form 1120-S) to the IRS, shareholders of the S corporation would report business income on their personal tax returns. 

California, Louisiana, New Hampshire, New York City, Tennessee, and Washington DC tax S corporations differently. Before deciding to go ahead with an S corporation filing, check with your attorney or accountant to make sure you understand how an S corporation will be treated in your state.  Recently, in most cases, filing as an LLC or c-corporation may supply more favorable tax treatment.

Asset Protection

Like an LLC, an S corporation provides limited liability protection for the owners’ personal assets. With this type of protection, personal assets cannot be seized as the result of a lawsuit or court ruling. 

Payroll Savings

Under an S corporation filing, business owners are classified as employees rather than employers. This means they can collect a salary as well as dividend income (or ownership draws).

The leftover income, or dividend distributions after paying for one’s salary, is subject to federal and state taxes, but not FICA taxes, which results in overall tax savings. Business owners or shareholders can distribute the dividend income among themselves.

In other business structures, business owners would be required to pay federal and state taxes on their salary along with the remaining income.

What Are the Disadvantages of an S Corporation Filing?

Despite the advantages of an S corporation filing, there are some disadvantages to consider as well.

  • Time and effort. Filing as an S corporation takes a significant amount of time and effort due to the extra steps and paperwork involved. This can make it more expensive at least at the beginning because your legal consultations and tax assistance may cost more up front. Even for existing S corporations, filing taxes is more complicated than for other structures, so be prepared to spend more time on it.
  • Constant monitoring. S corporations are subject to a lot of strict rules and guidelines, so the IRS tends to check them closely. It is particularly important to understand all the requirements beforehand and to keep detailed records to prevent your S corporation status from being rescinded.
  • State laws. Not all states offer the same tax benefits for S corporations. It is best to learn your state’s regulations before making your final decision.
  • Tax Cuts and Jobs act of 2017. In many cases, the tax benefits of reducing some of the payroll taxes attributed to owners and “double taxation” of c-corporations were reduced by the flattened c-corporation tax rate of 25 percent and the 20 percent deduction, in many cases, for owners of LLC’s.

The bottom line: it is important for businesses to look at their structure to make sure they are adapting to the always changing tax rules. Just be sure to weigh the pros and cons of your current corporate structure against the pros and cons of any new structure and gather all the facts before making the leap. And always consult with your tax professional.

by

Written by Emily Walters

This article was originally published in the February 2021 edition of Lex Loci, the Northern Kentucky Bar Association’s newsletter.

Thomas Jefferson famously wrote in the Declaration of Independence that all men were endowed by the Creator with unalienable rights, among which are “Life, Liberty, and the Pursuit of Happiness.” Jefferson modified the phrase from the writings of John Locke in his Second Treatise of Government that these unalienable rights included life, liberty, and property. Both the pursuit of happiness and the right to property have faced a fair number of challenges thanks to the COVID-19 pandemic. Landlords and tenants had a wacky year, and 2021 is starting out in the same vein.

Evictions became a hot topic throughout 2020. Residential and commercial tenants alike called for help with paying rent after severe economic consequences and unprecedented losses in employment. Landlords became concerned with maintaining properties without receiving rent. Representing landlords, property managers, and tenants in 2020 required keeping tabs on ever-changing eviction moratoriums, possible aid resources, Centers for Disease Control (“CDC”) declarations, and new compliance procedures. This article seeks to aid attorneys representing landlords and tenants by reviewing the extra steps needed before an eviction is granted, which may require additional evidence introduced at a hearing.

The CDC’s Order and Declaration, titled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19,” 85 Fed. Reg. 55, 292 (Sept. 4, 2020), was introduced after a national eviction moratorium expired. Congress extended the CDC Order through January 31, 2021 and may well extend the Order through spring of 2021(1).

The CDC Order supplied stability while creating more confusion. It, along with any statute, executive order, Supreme Court Order, or federal order or program, does not suspend or excuse the duty to pay rent or comply with the terms of a lease. However, the use of eviction or forcible detainer as a remedy to nonpayment has been limited through a combination of actions of the CDC, Congress, Governor’s executive orders, and Supreme Court orders.

While these actions stand to reduce the number of evictions, especially those related to nonpayment of rent due directly in part to the pandemic, evictions are still happening. Landlords continue to be creative with nonrenewal of leases, defaulting to month to month, and negotiating partial payment agreements.



The CDC order halts residential evictions for “covered persons” based on a finding of nonpayment of rent. The tenant is required to sign a declaration under penalty of perjury that they are a “covered person” such that they have made best efforts to obtain assistance, earn less than $99,000 annual income (or received a stimulus check under the CARES Act), is unable to make full payment due to substantial loss in income or hours worked (or has extraordinary out-of-pocket medical expenses) and that eviction would likely render the person homeless or living in close quarters in some new shared living setting. The CDC provides a declaration form on their website.

The CDC Order does not apply to states or municipalities that have afforded greater protections, such as a full moratorium on all evictions. Since releasing the Order, the CDC also released a Frequently Asked Questions (“FAQ”) information sheet to help interpret the Order(2). The FAQ specifically states that evictions are allowed for other reasons, such a commission of a crime while on the premises or damaging the property. Again, the obligation to pay rent is not excused.

The Supreme Court of Kentucky’s Amended Order 2020-72 addressed eviction procedures by extending the ongoing requirement for the new form AOC-1027, titled “Verification of Compliance with CARES Act.”(3)

This form is to be completed and filed with any action initiating an eviction, whether residential or commercial. Form AOC-1027 requires lessors to certify the type of dwelling and that the reason for eviction is not tied to nonpayment of rent, fees, penalties, or other charges. This new form includes instructions to determine if the property is a “covered dwelling.” Commercial property is not covered and evictions for reasons other than nonpayment of rent are likewise not covered. However, the Verification of Compliance form is still needed.

Under the Supreme Court Order, the parties, at the initial hearing, are to be verbally informed that agencies may be able to help tenants with payment and help landlords with recouping missed or late payments. The proceedings are placed in abeyance for fourteen days and reset on the next available court date. The only exceptions are (1) a failure to appear after proper service by the tenant; (2) the parties reach a settlement and file an AOC-210, Forcible Detainer Settlement Agreement; or (3) the landlord elects to dismiss the complaint.

With added forms signed by both tenants and landlords seeking eviction, as well as a possible two-week hiatus on each eviction proceeding, evictions are taking longer. The forcible detainer remedy and eviction proceedings were designed to be “summary proceedings.” Baker v. Ryan, 967 S.W.2d 591, 593 (Ky. 1997). Generally, discovery and triable issues are limited, and judgment is prompt. Id. Landlords and property managers now need patience.



A tenant who signs the CDC Declaration may still face eviction. Eviction can be granted for reasons other than nonpayment of rent or termination of a month-to-month lease. This could include violations of lease terms such as unauthorized tenants, damage to property, criminal activity, violation of building codes or health ordinances, or threatening the health or safety of other residents. As such, judges are even more likely to examine each eviction on a case-by-case basis. A written and signed lease agreement can be helpful.

More evidence may be needed at the hearing to prove that forcible detainer is necessary for reasons other than the nonpayment of rent or fees. This may include testimony of other residents. The CDC’s FAQ released in October 2020 also clears landlords to question or prove the invalidity of matters asserted in the tenant’s declaration. Prior to a hearing, attorneys may need to discuss with the court the taking of evidence on the issue of nonpayment of rent with a false declaration, even if only to get the evidence on the record for future appeals. Bringing a copy of the CDC’s FAQ to the hearing may help. Likewise, tenants need to understand the legal consequences of supplying false information on the CDC declaration.

Attorneys representing parties in eviction proceedings face other common pitfalls. Most attorneys think the District Court is the court of jurisdiction for Kentucky evictions; however, the District Court’s jurisdiction is not exclusive. If the amount in controversy exceeds the $5,000 threshold, the Circuit Court has subject matter jurisdiction. Anthony v. McLaughlin 566 S.W.2d 581, 585-586 (Ky. App. 2018). Commercial evictions are most likely to fit in this category.

Property managers or building managers cannot prepare and file a Petition for Forcible Detainer on behalf of a lessor who is a corporation, LLC, or other housing agency. Any such filing or appearance in court for the eviction proceeding is considered the unauthorized practice of law. Meinshausen v. Friendship House of Louisville, Inc., 607 S.W.3d 199 (Ky. App. 2020), Hornsby v. Housing Authority of Dry Ridge, 566 S.W.3d 587 (Ky. App. 2018).

The parties should also keep in mind whether the leased property is in a jurisdiction that has adopted the Uniform Residential Landlord and Tenant Act (URLTA) under KRS Chapter 383. URLTA provides uniformity to tenant and landlord obligations and procedure prior to the filing of a Forcible Detainer Action. Locally, URLTA has been adopted by the cities of Covington, Bromley, Dayton, Bellevue, Florence, Ludlow, Melbourne, Newport, Silver Grove, Southgate, Taylor Mill, and Woodlawn. This covers significant portions of Kenton and Campbell Counties. While URLTA has not been adopted everywhere, the spirit of the law is often applied. Likewise, housing subsidized through various HUD programs may by subject to further regulations.

Recovery of past due rent payments is not an aspect of the summary proceedings in a forcible detainer action but, instead, falls under a separate action based on contract. Recovery of damages may depend on the terms of the lease and URLTA.

Pitfalls for landlords and tenants alike can be avoided with proper legal representation and well-written lease agreements. Staying abreast of changes can help both landlords and tenants keep a working and valued relationship. The pandemic has been marked with constant changes and only the future knows which changes will stay in our collective pursuit of happiness(4).

Need help determining your rights in a landlord-tenant situation involving an eviction? Contact Emily Walters for an appointment.


Endnotes: 1. https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19. 2. https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html. 3. https://kentucky.gov/Pages/Activity-stream.aspx?n=KentuckyCourtofJustice&prId=194. 4. Other sources generally relied on: Jesse Brewer, kylandlordlaw.com; Lexington Fair Housing Council (lexingtonfairhousing.com); Greater Cincinnati Northern Kentucky Apartment Association (gcnkaa.org).

Emily Walters – Experienced Litigation Attorney

If you have questions around eviction laws or landlord and tenant rights, don’t hesitate to contact Emily Walters today to discuss your situation and make an appointment.

Contact Emily Walters for an Appointment

Email Call

Emily Walter’s Bio

by

Should I Require My Employees to Be Vaccinated?

With the emergency release of the coronavirus vaccine, this is the question weighing on the minds of business leaders everywhere, from small business owners to corporate CEOs. There is not a one-size-fits-all answer for everyone. When preparing to make the decision, there are several factors that should be considered:
  • Your industry.
  • Proximity of your employees to each other, customers, or the public.
  • Your employees’ general feelings about the vaccine.
  • Whether the risks and benefits of requiring the vaccine outweigh the risks and benefits of not requiring it.
Industry & Close Contact

Healthcare workers who provide direct care are the most obvious choice for vaccine mandates. Other businesses in industries where employees have consistent close contact with each other or the public—such as food, transportation, or schools where virtual learning is more difficult—can make a strong argument for mandating the vaccine.

For businesses in other industries, particularly offices where remote work is possible or social distancing is a lot easier, it will be more difficult to make an argument for a mandated vaccine. In this case, recommending or making the vaccine optional would be easier to justify.

The bottom line: If you decide to require the vaccine, you must be able to reasonably justify your decision, possibly in court.
Employees’ Opinions

While this should not be the ultimate determining factor, it is important to keep this in mind. If you have strong reason to believe the majority of your employees will object to the vaccine, you may need to be a lot more cautious about how you unroll your plan to require or recommend it.

On the other hand, if your employees are already open to the vaccine or have been asking for it, you will have an easier time encouraging cooperation.

Benefits & Risks

In this decision, the primary factor that weighs in the balance is health: the health of your employees, the health of your customers or clients, and the health of the community where you do business. If your employees are at a high risk of contracting and spreading the coronavirus, that should be weighed heavily in your decision. If not, other factors may be more important to consider.

In any case, legal considerations will also have to be weighed as you determine the best course of action.

Feeling uncertain? Get in touch with one of our experienced business attorneys today.

What Legal Considerations Are Relevant in This Decision?

Requiring the vaccine or not requiring the vaccine both have legal implications for businesses. Here are some issues to keep in mind.

  • OSHA Standards. Businesses must always adhere to OSHA standards for providing a clean and safe workplace. Whether you require or recommend the vaccine, or simply present it as an option, you will still need to ensure you are following all of OSHA’s guidelines.
  • Workers’ Compensation. Vaccines typically result in side effects, often mild but occasionally severe. Be aware that a serious reaction attributed to the vaccine and requiring medical attention could result in a workers’ compensation claim for which you will most likely be liable. One way to mitigate this risk is to provide time off for the employees to recover from the vaccine’s side effects.
  • Insurance Coverage. Before making your decision, find out whether your health insurance provider will cover the vaccine. If coverage is not available, consider paying for the vaccinations as a preventative move against any vaccine-related lawsuits or claims that may arise.
  • Wrongful Termination. Be mindful of how you plan to proceed if you require or recommend the vaccine and an employee refuses to receive it. While health and safety needs to be your first concern, it’s important to exhaust all of your legal options before taking a more drastic step in order to avoid grounds for wrongful termination.
  • Discrimination or Harassment. It’s important that employees do not feel coerced to take the vaccine if they have reasonable grounds for refusal, such as a disability, pregnancy, or sincerely held religious belief. Always try to use factual language and a neutral tone and be willing and ready to make reasonable accommodations to avoid being charged with discrimination or harassment.
  • EUA (Emergency Use Authorization) Status. Due to the vaccine’s EUA status, when someone receives the vaccine, they will be presented with very clear language from Pfizer or Moderna (vaccine developers) as well as the FDA and CDC emphasizing the voluntary nature of the injection. Therefore it’s important to ensure that any language you dispense among employees regarding the vaccine does not come off as coercive in one direction or another.
  • NLRA-Protected Protests. The NLRA protects employees’ right to protest various situations in the workplace. Union or non-union employees could come together and protest the vaccine mandate (or to demand a mandate), so you must be prepared to handle these situations cautiously to avoid them escalating into a larger issue.
Talk to one of our business attorneys for advice on how to plan for and mitigate risk.

What Can I Do If I Require the Vaccine but an Employee Refuses?

Reasonable Accommodations

If the employee refuses to be vaccinated due to a disability or sincerely held religious belief, they cannot be forced to receive the vaccine. However, if they truly pose an imminent threat to the health of those around them in their current position, you may need to make an accommodation. Can the employee work remotely? Can the employee step away from the job for a leave of absence? Can the employee be temporarily reassigned to a different position that would minimize direct contact with others?

Making these kinds of accommodations will help protect you from legal backlash while providing a safe and comfortable work environment for all of your employees, including the ones not receiving the vaccine.

Termination

If you find that no reasonable accommodations can be made and the employee is directly at risk and putting others at risk for contracting the virus, you may feel that termination is your only option. Talk to an attorney before making the final decision to ensure you fully understand state and local laws on this matter. Depending on how things are handled, you could quickly be facing a wrongful termination claim. Getting legal advice beforehand can help you avoid a lawsuit.

The Best Course of Action: Clear Communication

Deciding whether or not to require the COVID-19 vaccine is a complex decision, and employees’ mixed feelings and potential fear or uncertainty about the vaccine can add to the confusion. When navigating such a situation, the best thing to do is to communicate clearly and frequently with your employees.
  • Provide facts and education about the vaccine in neutral language.
  • Explain why you are requiring or recommending the vaccine, or leaving it optional.
  • Avoid coercive language.
  • Make time to discuss employees’ concerns one-on-one.

In all of your communications with your employees about the vaccine, it’s helpful to emphasize the primary goal of providing a safe, healthy work environment for everyone.

Need some advice? This decision is a tough one, but it’s one you don’t have to make alone. Our business attorneys are here for you, 24/7. Call us at (859) 781-9100 to set up an appointment. We will help you weigh all your options and make the decision that is best for you and your business.

Jack Gatlin – Business Law Attorney

Our team can help you from the very first days you are forming your business through representation in legal matters during operation. We are comprehensive in our business legal support.

How Can Jack Help You Today?

Email Call Text
Jack Gatlin in the Courtroom

Jack Gatlin’s Bio

Justia 10.0 Rating for Jack Gatlin - Attorney at Law

Jack Gatlin - a Rising Star rated by SuperLawyers.com

by

Filing for bankruptcy is a very difficult and emotional decision. With layoffs and unemployment skyrocketing in the past year thanks to the COVID-19 pandemic, growing numbers of individuals and families are facing the bleak reality of personal financial difficulties. Filing bankruptcy is different for each person, and we can help you determine what option is best for you and your unique situation. Here are some of the most common concerns and questions we hear about Kentucky bankruptcy rules so you can put your mind at ease before consulting with a lawyer.

Should I File Chapter 7 or Chapter 13 Bankruptcy in Kentucky?

Whether you file Chapter 7 or Chapter 13 bankruptcy depends on your personal situation.

Chapter 7 Bankruptcy

The most common type of bankruptcy, Chapter 7, is available to individuals, married couples, corporations and partnerships. It seeks to discharge unsecured debts, which means that creditors can no longer take action to collect those debts and you will not have to repay them. Chapter 7 is a liquidation proceeding, meaning any nonexempt assets are sold or liquidated by the trustee and distributed to creditors according to the federal Bankruptcy Code.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a repayment plan available only to individuals. It is often used by people with higher incomes or more assets such as a home. There are income and debt restrictions on filing for Chapter 13 bankruptcy, and our personal bankruptcy lawyers can help navigate the Kentucky bankruptcy rules to decide if this is the right option for you. Thinking about filing bankruptcy? Call us at (859) 781-9100 for a free consultation. We are here to help you on this difficult journey.

Under Kentucky Bankruptcy Rules, Will My Creditors Stop Harassing Me When I File?

Yes, they will! By law, all actions against a debtor must cease once the bankruptcy documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even telephone calls demanding payments. Secured creditors, such as banks holding a lien on a car, will get the stay lifted if you cannot make payments.

If I File Bankruptcy Will My Friends and Family Find Out?

This is a common question, because obviously a decision to file bankruptcy is difficult. Under Kentucky bankruptcy rules, bankruptcy filings are public documents, but in order to access them a person must have a pacer account, which would be uncommon for anyone who is not a lawyer. Many people are familiar with the Community Newspapers running police reports, criminal and civil court cases. This is not the case in bankruptcy. If you are in Boone, Kenton, Campbell, Grant, Pendleton, Bracken or Gallatin County and want to learn how bankruptcy may help you, give us a call at (859) 781-9100 for a free consultation. Brandon Voelker, one of our bankruptcy lawyers

When Will I Be Discharged from Bankruptcy?

One of the major purposes of bankruptcy legislation is to afford the opportunity to a person hopelessly burdened with debt to erase his or her debt and thereby get a fresh financial start. According to Kentucky bankruptcy rules, a bankrupt’s debt is erased when he or she is discharged. The debtor is discharged 3 to 5 months after bankruptcy is filed. At that time all debts (with some exceptions) are written off. Exceptions include:
  • Taxes
  • Fraudulently obtained debts
  • Alimony, maintenance and child support
  • Debts for willful or malicious injury to another person or property
  • Government educational loans
  • Debts from death or personal injury caused by drunk driving
  • Debts incurred post-bankruptcy

Do Kentucky Bankruptcy Rules Allow Me to Lower My House Payment?

Sometimes. In the event you have a second mortgage that exceeds the fair market value of your home, you may be able to strip off the lien in a Chapter 13. For example, if you have a $100,000 home, with a $100,000 first mortgage and $50,000 second mortgage, the second mortgage may be able to be stripped off.

Can I Receive a Home Loan Modification While Filing Bankruptcy?

Unfortunately, most lenders are not properly administering Federal and/or State programs for which they were given money by the government during the bank bailout. In other words, banks are providing their customers inaccurate information.
If you are told that you must be late on payments to get a loan modification, you are being given inaccurate information.
This is a scenario that our firm witnesses time and time again when we help people file for bankruptcy:
  • The bank tells the homeowner they must be on late payments to receive a loan modification.
  • The homeowner feels obligated to miss payments to begin the process of seeking modification.
  • The homeowner then faces an unending string of obstacles: the bank claims not enough information was sent in, the information needs updated, and so on.
  • The customer then falls so far behind in payments that their home is in foreclosure. They receive letters advising the modification cannot be given and/or there is simply not enough time to process.
  • In the meantime the person’s home is ready to be sold at the courthouse steps.
How can this situation be avoided? Unfortunately, the only way to ensure you will not lose your home in this manner is to file a Chapter 13 bankruptcy, but you will have to pay all back payments on your home during the Chapter 13 plan period. It is paid back interest-free.Waiting too long, while being told their loan is in review, often leaves the homeowner with such a large hole they cannot make the Chapter 13 payments while maintaining their current loan payments. There is nothing that prohibits a person from continuing to seek a loan modification while in bankruptcy. Your personal bankruptcy lawyer will advise the court and seek approval if you are granted a modification. The important thing is to not get too far behind to where financially the problem cannot be fixed.

Brandon Voelker – Bankruptcy Attorney

If you have any questions about filing for bankruptcy, please don’t hesitate to contact our office today.

Contact Brandon Voelker for a Free Consultation

Email Call Text
Brandon Voelker in the Courtroom

Brandon Voelker’s Bio

by

If you were hurt on the job, or if you contracted COVID-19 at work, you probably have a lot of pressing questions about workers’ compensation in Kentucky. We are here to help you get what you need to recover from your on-the-job injury. From wage replacement issues to medical treatment concerns, to misgivings about returning to work, our dedicated, compassionate attorneys are here to answer your questions about workers’ compensation in Kentucky and help you navigate your way through the entire process. Learn more about our workers’ compensation legal services.

Can I Rely On Workers’ Compensation When I Am Hurt On The Job?

The Kentucky workers’ compensation system is the most beneficial to those who make the system work for them. If you are not proactive about your case, you are likely to experience one or more of the following:
  • Your claim will be denied
  • You are forced to return to work too soon
  • You are forced to return to duties that are unsafe for your condition
The good news is, we have decades of combined experience that allows us to create highly effective cases for injured workers. We will put forth all our resources to get you the care and consideration you need.

Hurt on the job in northern Kentucky? Call (859) 781-9100 for a free consultation.

What Does Kentucky Workers’ Compensation Cover?

Our northern Kentucky law firm helps people navigate the workers’ compensation system so that they can receive the full range of benefits they deserve after any type of on-the-job injury or accident such as:
  • COVID-19
  • Back and neck injuries and pain
  • Shoulder, knee, and joint injuries and pain
  • Foot and ankle injuries
  • Head and brain trauma
  • Psychological conditions from trauma
  • Overuse injuries
  • Machinery, motor vehicle, and construction accidents
  • Chemical exposure

Do I Have To Go To The Doctor My Employer Sends Me To?

In many cases, injured workers are compelled by their employer to visit a business health center, which is created for the benefit of employers, not employees. Unfortunately, these business health centers are usually inclined to just try to get you back to work, without determining the extent of your injuries. When your injuries are not healed and you seek additional medical care, your employer or workers’ compensation carrier will then use the business health report to say you are not in need of additional care. When you are hurt at work, it is important that you choose your doctor, not your employer.

If you have been injured at work in Campbell, Boone, Kenton, Grant, Pendleton, Owen, Gallatin, Harrison or anywhere else, please call (859) 781-9100 or contact us online for a free consultation. There is no charge for an initial consultation.

    Brandon Voelker and Emily Walters, two workers' compensation attorneys

    Can I Go To My Family Doctor If I Am Injured On The Job?

    Yes, you can. But many times your Kentucky employer or insurance carrier will try to get you to see a doctor of their choosing, who may not have your best interests at heart.

    What Is An Independent Medical Examination (IME)?

    If you are currently on Workers’ Compensation Benefits and your adjuster recommends you see a doctor for an Independent Medical Exam or IME, recognize that it is not truly an “independent” exam. It is an exam being paid for by the workers’ compensation carrier, many times to second guess the opinion and recommendations of the doctor you have chosen to treat you. A better term is DME or Defense Medical Exam.

    What Should I Do If I Get Hurt At Work?

    If you are hurt at work, tell your supervisor immediately. If your supervisor is unavailable, inform someone over him or her right away, even if that means going straight to the owner of the company. The Kentucky Workers’ Compensation Act requires an injured worker to give timely notice to his or her employer. If the injured worker fails to do this, he or she may be barred from pursuing benefits. After informing your supervisor or someone else in management, contact a workers’ compensation lawyer as soon as you can.

    How Is Permanent Partial Disability (PPD) Determined?

    PPD is determined by your treating doctor providing an impairment rating to your whole body based on the American Medical Association’s Fifth Edition. The best way to describe this process is to imagine your body as a pie with 100 pieces. Your doctor may determine you have an impairment of 10% to your whole body, or, in other words, 10 pieces of the pie are gone.

    What Should I Do If My Employer or Insurance Carrier Will Not Pay For My Medical Bills?

    A workers’ compensation attorney or your doctor can file a medical fee dispute to obtain necessary treatment. If you are having problems getting medical bills paid after a Workers’ Compensation Claim, please call our northern Kentucky office in Covington, (859) 781-9100. We will be more than happy to provide a free consultation over the phone or in person.

    Do I Have To Go To Court?

    You do not have to go to court for a Kentucky Workers’ Compensation Claim. Workers’ Compensation Claims are handled in an administrative proceeding by appointed Administrative Law Judges who decide your case. Either party may appeal ultimately to the Kentucky Court of Appeals.

    If you reside anywhere in the Northern Kentucky area and need assistance with a Workers’ Comp claim, call our office at (859) 781-9100 for a free consultation.

    How Much Does a Workers’ Compensation Lawyer Cost in Kentucky?

    Kentucky law provides that an attorney may charge a fee of 20% of the first $25,000 recovered, 15% of the next $10,000 and 5% thereafter, with a maximum fee of $12,000.
    If an attorney doesn’t win your workers’ compensation case, you pay nothing.
    Hurt at work? Don’t wait a moment longer. Contact Brandon Voelker today.

    My Spouse Was Killed In A Work Injury. Am I Or My Children Entitled To Benefits?

    If your spouse was killed in a work-related accident, you are entitled to benefits. The Kentucky Workers’ Compensation Act provides benefits for a surviving spouse and children. If that is the case, it is obviously an emotional time for the family. And we would like to help. If you have lost a spouse, contact us and we can spend some time answering your questions and explaining exactly what your options are.

    How Long Do I Have To File My Workers’ Compensation Claim?

    In Kentucky, you have two years from either the date of injury and/or the last day that Temporary Total Disability (TTD) payments were made.

    Another Person Caused My Work Injury – Can I Sue Them?

    Yes, you can. Third party claims can also arise. You may have a Workers’ Compensation Claim, as well as a third party personal injury suit. To insure all possible claims are considered, it is necessary to talk to qualified workers’ compensation attorney. If you were hurt at work or contracted COVID-19 on the job, don’t wait another moment. Call us today at (859) 781-9100 for your free consultation. We want to help you get the care you need. 

    Brandon Voelker – Workers’ Compensation Attorney

    If you have any questions regarding your workers’ compensation rights, please don’t hesitate to contact our office today.

    Contact Brandon Voelker for a Free Consultation

    Email Call Text
    Brandon Voelker in the Courtroom

    Brandon Voelker’s Bio