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 » 2011 » May

Olivero Laws Announce Expansion of Seminar Series

Brandon, Fla. – Olivero Laws has announced the firm will host the Olivero Laws Seminar Series. The seminars will occur at the firm’s office in Brandon. The firm has hosted free bankruptcy seminars since 2009 and now the series has expanded to include other legal areas.

On June 21, attorney Laurel Tesmer will present a free seminar on divorce, child custody, and other family law issues at 6 p.m. Tesmer is the lead Brandon divorce attorney at the firm and a member of the Marital and Family Law Sections of the Florida Bar.

Reginald Osenton, who is the senior attorney at the firm said, “We are very pleased at the success of our free bankruptcy seminars.” Osenton, who is the firm’s lead bankruptcy attorney in Brandon, continued, “We are happy to provide this service to the Brandon community and Tampa area. It was a natural progression for us to expand the series into other matters such as family law, estate planning, probate, and other areas.”

The firm will continue to give free bankruptcy seminars two times per month. With the expansion of the series, the firm will add a seminar each month in another legal area, such as June’s free family law seminar to be given by Tesmer. “You do not want to do a divorce on your own,” she said. “The legal process of getting divorced is a confusing maze to navigate. Mistakes can come back to haunt you years later if you don’t get legal guidance early on.”

For more information on the Olivero Laws Seminar Series and to sign up for the June 21 Divorce and Family Law Seminar, call 813-654-5777 or email: info@brandonlawoffice.com as space is limited.


Olivero Law
500 Lithia Pinecrest Road
Brandon, Florida 33511

To learn more visit, http://www.brandonlawoffice.com.

Posted on Monday, May 30th, 2011 at 10:45 pm under News and Press.
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Tampa Bankruptcy Attorney Demystifies Chapter 7 and the Bankruptcy Trustee

Tampa, Fla. – Most individuals try to get a Chapter 7 bankruptcy so they can forego monthly payments to a trustee. Chapter 7 bankruptcies wipe debts away and give individuals a fresh start while protecting their home and other assets.

No matter what, individuals must be ready for meeting with the trustee in bankruptcy court. Usually one month after the bankruptcy petition is filed an individual will meet with the bankruptcy trustee.

The trustee acts as a representative of an individual’s creditors and will ask a series of questions under oath to determine the individual’s financial situation, assets, and any other relevant questions. The St. Petersburg Times recently published an article stating the seriousness of a trustee’s role and the increase of hiding assets, fraud, perjury, and ineligibility.

All fingers point to individuals coming clean with their true financial situation and having legal representation up front to ensure their eligibility for Chapter 7 proceedings.

“Trustees are here to ensure the validity of your bankruptcy and an experienced lawyer can help an individual prepare documents, their presentation, and even how they dress to respect the courts,” said O. Reginald Osenton, president and lead Tampa bankruptcy attorney at Olivero Law

If certain assets are in existence, a trustee will collect or attempt to liquidate them as well as nonexempt property and give the proceeds to relevant creditors. A trustee can also object to discharge or exempt specific debts an individual has. Each trustee has their particular pet peeves and a good bankruptcy attorney will help a client create the best possible scenario for their bankruptcy proceedings. Keep in mind that the U.S. Bankruptcy Court in the Middle District of Florida is still teeming with bankruptcies, and the multitude of foreclosures that caused these predicaments too. The Middle District of Florida’s nine judges manage an estimated 7,500 bankruptcy cases and the total number is second only to Los Angeles.

“The bottom line is to be up front about your assets,” said Osenton, who has handled hundreds of bankruptcy cases successfully. “Your real diamond cannot be a cubic zirconia and your Scan Design couch cannot be a $70 hand-me-down. A good attorney will help you think of every asset possible and understand the hardships you are facing to make bankruptcy the most sensible option.”

Olivero Law has more than 20 years of experience in all facets of bankruptcy law from Chapter 7, 13, 11, foreclosure defense, and business bankruptcy. O. Reginald Osenton is also well versed in probate, estate and trust matters, business law, real estate, and taxation.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Saturday, May 14th, 2011 at 1:00 am under News and Press.
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DIY Divorces Lead to Risky Financial Futures Warns Tampa Family Law Attorney

Tampa, Fla. – Divorces that go smoothly without lawyers and thorough negotiations can come back to haunt individuals many years later. Tampa family law attorney Laurel A. Tesmer recently had a new client come to her for legal guidance with a stressful situation. The client’s ex-spouse did not fill out the divorce paperwork correctly and did not pay the house mortgage, leaving her liable.

“Time after time, we hear about sad events like this,” said Tesmer, who counsels clients at Olivero Law “If the paperwork is not filled out correctly, an individual will be responsible for debts held jointly with their ex and could have their credit and future opportunities greatly diminished.”

After a divorce, most individuals start on their separate ways and oftentimes remarry, have children, and sometimes move out of state. Years later, when it is time for a big purchase or financial change, the error of filling out the divorce paperwork without legal guidance comes to light.

“The legal fees you pay upfront can save you thousands later,” Tesmer said. “Getting advice about your rights, all the issues that must be addressed, and what to expect take the uncertainty away and give you peace of mind for the future.”

Even uncontested divorces where spouses agree to all the details of the divorce should seek legal counsel. DIY websites make it look easy, but the reality is that the forms for dissolving marriage, financial declarations, motions and notices for hearings, child support worksheets, and fee documentation can become overwhelming and stressful. Most websites that offer document prep services are not staffed by divorce lawyers. The truth is that divorce legal assistants staff these companies and sometimes are not even in the local area to truly know what is required in Tampa Bay and Florida.

And for couples that can hardly agree let alone be in the same room with each other, legal representation is key. All the issues must be defined for the division of assets and debts, alimony and spousal support, child custody and support payments, and any other matters that arise. A much more favorable outcome in a divorce proceeding is with legal counsel to help every step of the way.

From negotiations to reviewing documents for accuracy and completion, Olivero Law, confidently advocates for their client’s rights. Beyond divorce, Laurel Tesmer also counsels in stepparent adoptions, visitation and time-sharing modifications, and enforcement proceedings. She is a member of the Marital and Family Law Sections of the Florida Bar and belongs to the Hillsborough County Bar Association.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Sunday, May 8th, 2011 at 12:59 am under News and Press.
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Brandon Family Lawyer Noted for Expert Counsel on Timing of Divorce and Bankruptcy

Brandon, Fla. – Family law and bankruptcy attorney Laurel A. Tesmer, Esq. has received a lot of kudos lately. From her active role in Leadership Brandon this year to writing an article for the Hillsborough County Bar Association’s magazine The Lawyer, she is an emerging star in the legal profession and her community.

With the current dire state of the economy, Laurel A. Tesmer, Esq. and her colleagues at Olivero Law, are fielding a lot of calls and consultations about what comes first – divorce or bankruptcy.

“Today, many of our clients are not only facing divorce but also contemplating filing bankruptcy,” Tesmer said. “Filing before or during a divorce can simplify the family law proceeding by taking care of all, or most of the parties debts and in some cases their assets as well.”

Bankruptcy can provide financial relief to each individual and give them a fresh start. If parties file jointly prior to their divorce, they will save on court costs and usually attorney’s fees, too. As long as the parties are married on the date the bankruptcy petition is filed, they can file a joint petition. This also means that the two cases can go on simultaneously. If the parties make a joint decision to file bankruptcy, they can eliminate any surprises that may arise if one spouse files after the dissolution of marriage and discharges their liability on debts held in joint names.

“It’s important to know that any assets the parties have over the exemption amounts become part of the bankruptcy estate and may be sold or otherwise disposed of by the trustee to satisfy creditor claims,” said Tesmer, who has helped clients with their Brandon family law matters for more than four years. “Each individual client’s needs and financial situation is unique, so it is critical to evaluate the best timing for filing a bankruptcy.”

Some of the key issues to work through involve assets, income and debts, and ability to have an ex-spouse follow through with their duties after the bankruptcy. If the parties file a Chapter 13 bankruptcy, then they will be jointly liable for making the Chapter 13 plan payments to the bankruptcy trustee. This will tie the parties together for an additional five years and could potentially bring up post-judgment issues seeking to enforce the obligation of one party or the other.

In a situation where only one party needs to file bankruptcy, they could be put at a disadvantage when looking at the means test, as married parties have to include the spouse’s income even when filing alone. If a debtor has a certain level of income based on household size, they will not be able to file a Chapter 7, but will have to file a Chapter 13 that requires a repayment plan.

In some cases it is more advantageous to file for bankruptcy after a dissolution of marriage. The parties simply may not be able to cooperate during the bankruptcy process or payments required with a Chapter 13 plan. After divorce, an individual may qualify for a Chapter 7 bankruptcy based on income and it may not even be necessary for both parties to file. But be cautious – one party could discharge their liability of a joint debt, leaving the other party responsible. This will bring up post-judgment issues with respect to indemnification provisions for the debts discharged.

Olivero Laws provides clients with skilled and compassionate legal advice to help them through the complex process of bankruptcy and divorce. They have effectively counseled clients on marital and family law, bankruptcy, business law, and litigation matters. The firm is known for their personal attention and tenacity to create a tailored strategy that helps each individual achieve their goals for the next steps in life.

To learn more visit, http://www.brandonlawoffice.com.

Posted on Sunday, May 1st, 2011 at 12:59 am under News and Press.
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