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BRACKNEY LAW BLOG
Expertise And Information
3 “Legal” Podcasts You Should Listen To
Do you listen to podcasts? I have tried for years to get into podcasts and only recently have made them a staple of my routine. I like a variety of podcasts, but there are 3 "legal" podcasts I'd recommend that you (both lawyers and non-lawyers alike) might enjoy. What...
Responding to COVID-19
Brackney Law Office, PLLC is closely monitoring the recommendations of local, state, and federal authorities in responding to COVID-19. Our office remains open for appointments, although we strongly prefer scheduling digital appointments for the safety of everyone....
My Tenant Died; Now What?
There are two certainties in life: death and taxes. If you are a landlord, it is entirely possible that you will (at some point) deal with a tenant who has died. Here's some helpful, general information on dealing with a deceased tenant. Secure the Property If the...
The Probate Estate Bank Account
So you're the executor (or administrator or personal representative) of a probate estate in Kentucky? One of your first steps is to open a bank account for the estate. Typically, an account opened for an estate is titled something like "Estate of Joseph Smith,...
Dispensing with Administration of Probate in Kentucky
The full probate process in Kentucky typically lasts 6-12 months. In certain circumstances, the court will dispense with administration of a probate case. Kentucky probate cases are heard in district court. The district court has authority to dispense with...
What to Expect at Your Bankruptcy Meeting of Creditors
About a month after you file for bankruptcy, you will need to attend your meeting of creditors. But what should you expect when you attend? What is the Meeting of Creditors? The meeting of creditors is sometimes called the 341 meeting. "Within a reasonable time after...
What Happens After Bankruptcy?
Congratulations! You've received your bankruptcy discharge, but what happens next? Is there anything that needs to happen now that the bankruptcy is over? Here is a helpful guide to a few things that should happen after your bankruptcy. Keeping Documents During the...
How to Draft an Answer to a Debt Collection Lawsuit in Kentucky
"I've never been in trouble with the law before, and now I am being sued?!" Yes, there's initial shock that many go through after being served with a lawsuit from a debt buyer, debt collector, or other creditor. It's important to act quickly because under Kentucky law...
Kentucky’s Inheritance Tax
According to the Tax Foundation, only six states have an inheritance tax and Kentucky is one of them. This tax should be considered when planning your estate and recognizing tax liability is critical when probating the estate of the deceased. What is an Inheritance...
Why We Don’t Offer Free Consultations
When money is tight and you are thinking about filing for bankruptcy, it's natural to be concerned about wanting to limit costs. Many bankruptcy attorneys advertise "free consultations." We don't and here why. You Get What You Pay For Some free consultations are...
4 Common Estate Planning Mistakes
At Brackney Law Office, PLLC, we've seen or been asked questions by clients that reveal some common estate planning mistakes or misunderstandings. Here are a four: 1. Having No Plan at All The most common mistake when it comes to estate planning is not having a plan...
First Eviction eFiled in Kentucky
In mid-December 2017, Kentucky's courts launched a pilot for eFiling forcible detainers (eviction) in two Kentucky counties: Fayette and Garrard. According to the offices of the court clerks in these two counties, no one had eFiled an eviction complaint until...
Transfer on Death Deeds in Kentucky
A transfer on death deed, or a TOD Deed, allows for individuals to pass real property to a beneficiary upon their death. Because the transfer occurs through the deed itself and is made effective upon death, the transfer is not part of the probate process. In other...
Your 2018 Legal Goals
Setting your New Year's Resolution! It's almost 2018. The parking lot at the gym will have fewer spaces as many set a New Year's resolution of losing weight. Others may decide to read more books or watch less television in the New Year. Spend less? Give more? Have you...
Can I file for bankruptcy again?
If you've filed bankruptcy before to get a fresh start and have found yourself again under a mountain of debt, you may be wondering "can I file for bankruptcy again"? The answer to that question is a matter of timing, the type of bankruptcy you previously filed under...
National Estate Planning Awareness Week
October 16-22 is National Estate Planning Awareness Week! At Brackney Law Office, we believe that estate planning is for everyone! Keep reading to learn about a discount that BLO is offering during Estate Planning Awareness Week on its estate planning packages. Even...
Leaving a Charitable Legacy
Are you interested in leaving a charitable legacy when you die? There are many ways to include your favorite charity in your estate plan. Non-profit organizations survive on generous giving by their patrons. You may be regular contributor to your church or you may...
Kentucky Attorney General Sues Nicholasville Car Dealership
Today, Kentucky Attorney General Andy Beshear filed a lawsuit against a car dealership located in Nicholasville, Kentucky for violations of the Kentucky Consumer Protection Act. There are two primary violations alleged against the dealership. First, over 1,400...
How to have a truly relaxing vacation
Do you have summer plans? Maybe you are taking your family to an amusement park or to the beach? Or maybe you are traveling to visit family? Whatever adventure awaits you, there is nothing quite like getting away and enjoying some well deserved rest and relaxation! To...
My favorite retailer filed for bankruptcy! What happens to my gift cards?
So you've just discovered that your favorite retail store has filed for bankruptcy and you still have an unused gift card? Keep reading to learn how a retailer's bankruptcy impacts your gift card and what you can do about it. In my wallet right now, I have gift cards...
The Longest Day
We often ask for "more hours in a day" when we feel overwhelmed and discover. The daily ordinary gets in the way of some of the big and important projects that are on our "someday" lists. One of the most important projects you can tackle for you and your family is...
Brackney Receives Distinguished Alumni Award
Brackney Law Office, PLLC attorney Peter Brackney is honored to be the recipient of the 2017 Christianos Distinguished Alumni Award from the Lexington Christian Academy.The Distinguished Alumni Award is given for a life that typifies a commitment to Christ in every...
Summer Estate Planning Special for Teachers
Every day, you take care of our kids. This summer, take the time to make sure you and your own family are provided for as well. This summer, Brackney Law Office, PLLC is saying “thank you” to Kentucky teachers by offering 25% off of our estate planning flat fees. For...
Love, Marriage, and Estate Planning
"If so, say 'I do.'" It's wedding season in Kentucky. I'm not sure how many nuptials I'll be witnessing this year, but I always look forward to wedding festivities and the celebration of love. And if you are the one getting married, you definitely have a lot to look...
Do I need a will?
No one wants to think about dying, so many put off preparing an estate plan. But dying without a will means that state law (and not you) will determine who will take care of your children or how your assets will be distributed. Having a will is important. It puts you...
Kentucky’s Changing Landlord-Tenant Laws
The Kentucky state legislature has passed two important laws impacting landlords and tenants during the recently completed session. HB 112 relates to landlord liability when a tenant-owned dog attacks someone on their rental property. HB 309 adds certain protections...
In the Community … Main Street Clean Sweep!
Attorney Peter Brackney is helping to coordinate Nicholasville's Main Street Clean Sweep. The event will be held on April 21, 2017, from 11:00 a.m. until 2:00 p.m. in downtown Nicholasville, Kentucky. The Nicholasville event is co-sponsored by Nicholasville...
Common Estate Planning Myths and Realities
People often have misconceptions about estate planning. Many don't understand why estate planning is important for them or even what it is. This post is intended to give answers to some common estate planning myths and realities. It won't answer every question you...
Supreme Court Ruling on Chapter 11 Structured Dismissals
The United Supreme Court held on March 22, 2017, in Czyzewski v. Jevi Holding Corp., 580 U.S. ____ (2017), that a structured dismissal of a Chapter 11 bankruptcy case cannot deviate from the basic priority scheme set forth in the Bankruptcy Code, unless...
Behind on your car payment?
Are you behind on your car loan? If you are, you aren't alone - newly delinquent car loans are at an 8-year high. So how can you keep your car if you are 30, 60, or even 90 days behind? Filing a Chapter 13 bankruptcy can bring your arrearage current and even lower...
Summary Judgment Granted in Lainhart Adversary
On February 2, 2017, attorney Peter Brackney and the Brackney Law Office, PLLC obtained a summary judgment ruling for its client, a chapter 7 bankruptcy trustee, in Palmer v. Paul Miller Ford, Inc. (In re Lainhart), Bankr. E.D. Ky. (Feb. 2, 2017). The adversary...
Attorney Peter Brackney Awarded 2016 Continuing Legal Education Award Renewal
Congratulations to attorney Peter Brackney for receiving the 2016 Continuing Legal Education Award Renewal from the Kentucky Bar Association. In 2015, Brackney received the CLE Award for obtaining at least 60 CLE credit hours within a three-year period. The Award...
Preparing for Bankruptcy: Getting Land Records
Before filing for bankruptcy, you will need to provide your bankruptcy attorney with certain documents and information about what you own and about your debts. You’ll also need to have gather information about your regular income and expenses. At Brackney Law Office,...
Announcing the Opening of Brackney Law Office, PLLC
On December 14, 2015, Brackney Law Office, PLLC opened for business. Attorney Peter Brackney has several years of experience as a Lexington Kentucky bankruptcy attorney representing mostly debtors seeking relief under Chapter 7, Chapter 11, or Chapter 13 of the...
3 Approaches to Dealing with Debt Collection Lawsuits
Have you been sued by a debt collector like Portfolio Recovery Associates or Midland Funding? Across the country, debt collection lawsuits are being filed against people who owe small sums to credit card companies or others who have extended credit to consumer...
Estate Planning for Your College Student
Why would an eighteen year old need to consider estate planning? If they are like most college students, they have very few assets and no children. And that may be entirely true (though not always). But complete estate planning isn’t just about the Last Will and...