Archive for the ‘Author’ Category

With the holiday season in full swing, it’s likely you’ll see your parents, grandparents, siblings, and other family members in the next few weeks. In addition to food, songs, and other merrymaking, this is also the perfect time to speak with your family about more serious topics, such as their estate plan. How To Bring Up The Topic: Let your family member/s know you’d like to discuss their estate plan during a less-hectic part of the holidays. During your conversation, ask how up-to-date their documents are, and if changes or updates need to be made. These could include new additions… read more »

You are a Pennsylvania property owner and you have just received a notice that your property was sold at an upset tax sale… now what? You are now faced with the reality that you will be stripped of your interest in perhaps the most valuable asset you own – your real property – which was sold to the highest bidder at upset tax sale, likely for a price beneath its fair market value. While these circumstances are no doubt upsetting (upset tax sales are aptly-named) and hard to understand, Attorney John R. Wilson of CGA Law Firm has substantial experience… read more »

Bankruptcy is often surrounded by myths and misconceptions that cloud people’s understanding of this legal process. It is essential to separate fact from fiction to make informed decisions about financial matters. In this article, we aim to debunk the top five most common bankruptcy myths and provide accurate information to help individuals better understand the process. Fact: Bankruptcy laws include exemptions that protect certain assets from liquidation. These exemptions vary by jurisdiction but typically cover essential items such as your home, vehicle, clothing, and necessary household goods. Most individuals who file for bankruptcy can retain their essential assets while finding… read more »

Social media is one of the fastest ways to deliver information to a large group of people. Occasionally on social media, it is common to “block” people so that you do not have to see their posts and vice versa. However, when a public official blocks someone and prevents them from receiving information—is this a violation of their First Amendment rights? This November the Supreme Court must determine if public officials engaging in “state action” are constitutionally permitted to block certain parents from their social media accounts used to promote school policies and provide general information to others[1]. Depending on… read more »

Divorce is often accompanied by emotional and financial turmoil, with disputes over debt being a common source of contention between spouses. However, in certain situations, filing for bankruptcy can alleviate the burden of debt-related conflicts and make the divorce process less contested and easier. This article explores how bankruptcy can simplify divorce cases by removing the need to fight over debt. 1. Debt Discharge: Filing for bankruptcy allows individuals to discharge or eliminate certain types of debt, depending on the bankruptcy chapter chosen (such as Chapter 7 or Chapter 13). Discharging debts can significantly impact a divorce case by eliminating… read more »

CGA Law Firm is pleased to announce that Attorney Thomas O’Shea received the MidPenn Donald F. Smith, Jr., Pro Bono Award during the MidPenn Legal Services Access to Justice Reception. “Tom was chosen for this award, given his many years of support for MidPenn by serving on the Board in various positions and accepting cases as a pro bono volunteer, primarily in the Family law area, which are often some of the most difficult cases to place with volunteer attorneys,” Rhodia D. Thomas, executive director of MidPenn Legal Services, said.  O’Shea has written and directed Bar Stools, a local comedic production with… read more »

Adults are presumed to have capacity, but does everyone truly have it? Capacity is defined as the “ability to effectively communicate one’s wishes.” Capacity, however, is not a diagnosis. It is well settled in Pennsylvania case law that “…mere weakness of intellect resulting from sickness or old age is not legal grounds to set aside an executed contract if sufficient intelligence remains to comprehend the nature and character of the transaction.” Cardinal v. Kindred Healthcare, Inc., 155 A.3d 46, 50 (Pa. Super. 2017). There are several things that may “tip off” families that an individual would benefit from a capacity… read more »

Dogs are one of the most common and beloved pets across the United States and the entire world. Many couples decide to purchase a furry friend together while their relationship progresses. Though it may seem that nothing could go wrong, that isn’t always the case. If the couple splits up, where does the dog go? Though many people view their dog as their child, the courts in the Commonwealth of Pennsylvania do not. In Pennsylvania, dogs are regarded as personal property[1], not something that a couple has a right to share equally. Though we sometimes believe our pets to be… read more »

The recent SECURE 2.0 Act enacted by Congress has introduced a series of new strategies to help reduce burdens on taxpayers. CGA Law Firm has previously reviewed the SECURE 2.0 Act in general and highlighted some of its advantages to taxpayers. Today we will highlight a beneficial move that can help you and your college-bound children or grandchildren benefit more from their dollars.  Utilizing a 529 Plan – a tax-advantaged college savings plan under IRC Section 529 – has long been a solid strategy for tax avoidance. A donor can set up a plan for college-bound family members, usually depositing… read more »

By Attorney Brent C. Diefenderfer Seeking help from a bankruptcy attorney early in your financial struggles can significantly impact the outcome of your bankruptcy case. An early consultation allows for a more strategic approach to your bankruptcy filing by providing ample time to plan and prepare. Here are a few examples highlighting the benefits of early assistance: 1. Preserving Assets and Maximizing Exemptions: When you consult a bankruptcy attorney in advance, they can guide you on protecting your assets within the confines of bankruptcy laws. By strategically planning asset transfers and utilizing exemptions, you can safeguard your property while obtaining… read more »