March 2012
SSJH Updates
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Welcome to the latest edition of SSJH Updates, highlighting recent articles by our attorneys and staff.  If there is a topic or issue of interest to you that you would like us to explore in a future article, please share.
By Gina Anne Johnnie

Gina Anne JohnnieDespite the drop in the number of Chapter 7 and Chapter 13 bankruptcy filings in 2011, the projections for 2012 are bleak. For creditors, that means continuing to navigate the rules in bankruptcy. Some debtors holding collateral will try and reaffirm their debts with creditors. Congress made changes to several provisions relating to reaffirmation of debts and those changes must be read together to fully understand each parties' rights with respect to the debtor's ability to retain the collateral. The debtor now has a number of deadlines and potentially severe consequences for failing to meet those deadlines. However, Congress also left a small loop hole for debtors facing stubborn creditors. As a result, it is important for both sides to understand the law. Click here to continue reading...

By Michelle M. Morrow
Michelle M. Morrow

As of January 1, 2012, the Health Care Representative you nominated in your Advance Directive has the power to consent to your physical health care, and the power to admit or retain you in a health care facility for mental health treatment.  This is true even if you signed your Advance Directive long before January 1, 2012, as the legislation is retroactive.  Prior to January 1, 2012, your Health Care Representative did not have the power to consent to mental health care for you. Click here to continue reading...

The Changing Dynamics in Short Sale Situations
By Russell L. Getchell

RLG 150A short sale is the sale of property for an amount less than what is owed to the lender whose loan is secured by that property. Because most promissory notes accelerate the balance of the loan upon sale of the collateral and because most purchasers would not be interested in buying an existing loan that exceeds the property value, a short sale requires the lender's consent. Click here to continue reading...

Avoid Unpleasant Springtime Tax Surprises
By Elliott P. Dale, Law Clerk

EPD 150This is the time of year when last year's taxes weigh heavily on the minds of many. For most of us, there is not much we can do at this point to change last year's tax picture, but it never hurts to consider how to manage affairs moving forward. Click here to continue reading...

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