John Dunlap

Family Law Attorneys: Protecting Your Interests in Custody Matters

Sat, 23 May 2026 15:15:03 GMT

Family Law Attorneys: Protecting Your Interests in Custody Matters

Family law attorneys help you navigate child custody disputes, draft parenting plans, establish visitation rights, and modify orders when circumstances change to prioritize your child's welfare.

How Do Custody Decisions Work?

Courts determine custody by evaluating the child's best interests, including each parent's ability to provide stability, safety, and emotional support.

Judges consider factors such as the child's relationship with each parent, living arrangements, school performance, and any history of abuse or neglect. Your attorney presents evidence and testimony that demonstrate your capacity to meet your child's needs.

Custody can be joint or sole, covering both legal decision-making authority and physical residence. Your lawyer helps you understand which arrangement suits your family and advocates for a fair outcome.

What Goes Into a Parenting Plan?

A parenting plan outlines custody schedules, holiday rotations, transportation responsibilities, and decision-making protocols for education and healthcare.

Clear plans reduce conflict by setting expectations for both parents. Your attorney drafts detailed terms that address daily routines, communication methods, and procedures for resolving disagreements.

Well-structured plans adapt to your child's age and changing needs over time. They also include provisions for vacations, extracurricular activities, and emergency situations. Seeking family law services ensures your plan is comprehensive and enforceable.

Can You Modify an Existing Custody Order?

Yes, courts allow modifications when significant changes in circumstances affect the child's well-being or a parent's ability to comply with the original order.

Common reasons for modification include relocation, changes in work schedules, remarriage, or concerns about the child's safety. Your lawyer files a petition and presents evidence showing why the change serves the child's best interests.

The court reviews updated information and may adjust custody or visitation terms accordingly. Modifications require legal approval, so working with an attorney ensures proper procedure and documentation. If you also need assistance with other legal issues, criminal defense services are available for separate matters.

Navigating Co-Parenting Challenges

Effective co-parenting requires communication, flexibility, and a shared commitment to your child's stability and happiness.

Your attorney helps establish boundaries, mediate disputes, and enforce court orders when cooperation breaks down. Legal guidance keeps the focus on the child's needs rather than past conflicts.

When one parent violates the custody order, your lawyer can pursue enforcement actions or seek contempt findings. Consistent legal support protects your parental rights and promotes a healthier environment for your child.

Custody matters shape your child's future and your relationship with them. Professional legal representation ensures your voice is heard and your family's best interests are prioritized.

Connect with Law office of John E Dunlap at 901-320-1603 to discuss your custody concerns and learn how we can help you secure a fair parenting arrangement.

How Criminal Defense Lawyers Help You Build a Strong Case

Thu, 23 Apr 2026 15:15:01 GMT

How Criminal Defense Lawyers Help You Build a Strong Case

Criminal defense lawyers protect your constitutional rights, evaluate all evidence against you, and develop tailored strategies to achieve the best possible outcome in your case.

What Does a Criminal Defense Attorney Do?

A criminal defense attorney investigates charges, reviews police reports, interviews witnesses, and represents clients in negotiations and court proceedings.

Your lawyer examines every detail of the prosecution's case to identify weaknesses, procedural errors, or violations of your rights. This thorough analysis often reveals opportunities to challenge evidence or reduce charges.

Defense attorneys also negotiate with prosecutors to seek reduced penalties, alternative sentencing, or case dismissal when appropriate. They ensure you understand each step and help you make informed decisions throughout the legal process.

When Should You Hire Legal Representation?

You should contact a defense lawyer immediately after arrest or as soon as you learn you are under investigation for any criminal matter.

Early involvement allows your attorney to protect your rights during questioning and prevent you from making statements that could harm your defense. Police and prosecutors build their cases quickly, so prompt legal counsel is essential.

Waiting too long can limit your lawyer's ability to gather evidence, locate witnesses, or challenge unlawful procedures. The sooner you have representation, the stronger your position becomes. If you need guidance on legal options, criminal defense services can provide the support you require.

Can Your Lawyer Get Charges Reduced or Dismissed?

Yes, skilled attorneys often secure charge reductions or dismissals by demonstrating insufficient evidence, procedural violations, or mitigating circumstances to the court.

Your lawyer files motions to suppress illegally obtained evidence, challenges witness credibility, and negotiates plea agreements that minimize consequences. Many cases resolve favorably without going to trial.

Even when dismissal is not possible, your attorney works to reduce felonies to misdemeanors or secure probation instead of incarceration. Every case is unique, and outcomes depend on the facts and the strength of your defense strategy.

Understanding Your Rights During Criminal Proceedings

You have the right to remain silent, the right to legal counsel, and the right to a fair trial with an impartial jury.

These constitutional protections prevent self-incrimination and ensure you receive due process. Your lawyer enforces these rights at every stage, from arrest through sentencing.

Understanding what law enforcement can and cannot do helps you avoid mistakes that jeopardize your case. Your attorney explains each right in plain terms and advises you on how to exercise them effectively. For those facing related legal matters, family law services may also be relevant depending on your situation.

Facing criminal charges is overwhelming, but you do not have to navigate the legal system alone. Experienced representation makes a measurable difference in case outcomes and protects your future.

Schedule a confidential consultation with Law office of John E Dunlap by calling 901-320-1603 to discuss your case and explore your defense options today.

Government Shutdown and Social Security

Fri, 03 Oct 2025 13:44:00 GMT

As another government shutdown looms, we wanted to touch base on what this means for Social Security. While several federal services will be temporarily halted, much of Social Security’s disability process will continue to function, uninterrupted. We want to highlight the following key points from Social Security’s Contingency Plan :

Individuals who are already receiving Social Security and Supplemental Income benefits will continue to receive benefits.
New and pending applications for disability will continue to be processed by SSA at all administrative levels (initial, reconsideration, hearings, and the Appeals Council).
- Of note, while SSA has encouraged DDS to continue its normal processing of their portion of disability claims (with the promise that SSA will reimburse DDS once funding is authorized), because DDS employees are state employees, SSA cannot guarantee whether or not DDS will furlough the employees who are needed to process disability determinations; however, in prior shutdowns, application processing did continue uninterrupted.
Administrative Law Judges, decision writers, and support staff “necessary to conduct hearings” will all continue to work, allowing hearings and the subsequent decision writing to continue without disruption.
SSA will continue to take post-entitlement actions including processing changes of address, SSI living arrangement changes, direct deposit updates, death inputs, and the processing of remittances for overpayments and administrative fees.

Some activities will be halted during the shutdown including:

Processing overpayments
Correcting earnings records
Enrolling appointed representatives for e-folder access
Processing bias complaints from claimants and representatives
Conducting quality assurance reviews other than those related to allowances
Processing FOIA requests
Responding to requests from third parties for queries

Regarding federal court cases , prior shutdowns have yielded uneven results, with courts handling processing of their cases differently. The Department of Justice has instructed its civil litigators to “request that active cases, except for those in which a delay would compromise to a significant degree the safety of human life or the protection of property, be postponed until funding is available,” but ultimately, the decision will be up to the courts. We encourage our members with active federal court caseloads to monitor filings in each federal court case, check courts’ web sites for information, and call court clerks as needed.

As for representative fees , when the prior shutdown was looming, NOSSCR received the following statement from SSA: “In the event of a lapse in appropriations, we will continue to process benefit payments as well as the associated representative fees, if applicable. Our contingency plan includes “application for benefits” as part of the continued activities under Operations Frontline Activities which would include the eligibility determination and benefit payment effectuation, including associated representative fees for agreements that are in place and payable under the Social Security Act.”

NOSSCR continues to actively monitor the situation and will immediately provide any updates to our membership.

How Various Businesses Will Fare in the Coronavirus Economy

Tue, 28 Apr 2020 17:40:00 GMT

The following article by John Dunlap, Esq. will be published in the Memphis Lawyer Magazine, a publication of the Memphis Bar Association.

The Coronavirus and the resulting economic decline leaves many questions for many different businesses in the national and state economies.

While the United States has experienced numerous recessions and depressions throughout its history, it has never dealt with an economic downturn caused by a disease. In Medieval Europe empires were greatly weakened by numerous plagues that ravaged the continent. The plague of the Sixth Century reduced the population and birth rate of the Byzantine Empire to the extent that tax revenues declined, making it impossible to effectively combat invasions from Muslim aggressors.

The only event that is remotely similar to the Coronavirus is the Spanish Flu epidemic and the depression of 1920-1921. Most historians and economists forget that the depression of 1920-1921 was more severe than the Great Depression of the 1930s, even though it only lasted about sixteen months before the economy recovered. Most economists believe that the Spanish Flu had little, if anything, to do with the economic downturn of the early 1920s.

Our office has been assisting businesses under financial distress restructure their debt and reenter the economy since 1989. While we have numerous successful reorganizations, not all Chapter 11 cases reach the confirmation stage. This article will examine various businesses and the advantages and disadvantages they face in today’s economic climate. While by no means exhaustive, this list attempts to discuss at least some of businesses affected by today’s economy.

Restaurants: Restaurants have low profit margins and high operating expenses. Many have difficulty surviving in a favorable economic environment. To further complicate matters, restaurants were of the first industries to be ordered closed by local, state, and federal guidelines. The States of Tennessee, Arkansas and Mississippi have relaxed the open container laws to permit restaurants to sell beer, wine and mixed drinks with carryout meals in an effort to ease the loss of income from closures. Virtually all restaurants have implemented curbside service to offset the loss of patrons. In all likelihood, this will not generate enough income to meet their monthly operating expenses. The larger chain restaurants should survive, but many of the privately owned restaurants will not be able to reopen.

Hair Salons: Hair salons normally need a great deal of space and prefer visibility from the road. These factors result in forbiddingly expensive rent. On the other hand, hair salons have modest payrolls due to the fact that the overwhelming majority of stylists either rent space or work on commissions. This business also enjoys an intensely loyal client base. Finally, the space hair salons rent cannot easily or inexpensively converted into other types of business tenants. Since there is a limited number of salons, landlords will have difficulty replacing them and their income. If the salon appears to be a viable business, it could be in the property owner’s best interest to either waive delinquent rent or move it to the end of the lease.

Hair salons are volume businesses that require a constant cash flow, but the fact that they provide a necessary service and benefit from a loyal client base will enable the majority of them to survive.

Healthcare Workers: At first glance, it would seem obvious that medical clinics will have an enormous influx of patients and an increase in income. However, this is not the case when more closely examined. While hospitals will be overwhelmed, many other healthcare providers are experiencing a decline in patients or are closed altogether. The majority of surgical procedures performed in the United States are elective procedures. It has been necessary to reschedule virtually all elective procedures. Our office has numerous clients scheduled for intestinal bypass surgery that have been cancelled indefinitely. Some hospitals and same day surgery centers have laid off surgical assistants and other employees associated with elective procedures.

Once the Coronavirus crisis subsides, healthcare facilities and their employees should recover rapidly.

Commercial Property Owners: Companies that own and rent commercial property will undoubtedly experience an extreme decline if income. Many businesses that have been forced to close will have no income for at least two months and when, and if, they reopen it will take several months to recover. During this period of time the tenants may not be able to pay their rental obligations. The States of Tennessee and Arkansas have prohibited all property owners from filing eviction actions in court or evicting tenants for the months of April and May. Even if the property owners evict tenants who are not paying, replacing there tenants will be arduous at best.

Large shopping malls were already under financial distress due to an increase in online shopping. Most large malls are heavily leveraged and have negative equity in their property. Many of the smaller commercial property owners in Tennessee do not have mortgages on the property, these owners should survive the crisis while those whose property is encumbered by liens may be facing foreclosures and bankruptcies.

Residential Property Owners: Owning and managing residential rental property even in a favorable economy and in affluent neighborhoods is challenging. During an economic downturn the residential rental businesses becomes an unachievable undertaking.

The majority of financial planners recommend paying no more than forty percent of the value of the property in order for it to be a viable investment. I routinely have clients who watch cable TV infomercials and are convinced rental property is the key to financial freedom. I advise clients that unless they can pay six months of mortgage, maintenance, property taxes and insurance without it placing their credit report in jeopardy, they should not invest in residential rental property.

Many tenants have lost their jobs and are unable to pay rent, all courts are closed and property owners are prohibited from evicting tenants. However, the property owner’s mortgages, insurance and property taxes will still be owed. If the economic decline continues, the value of much of this property will decline, resulting in erosion of equity or negative equity.

In the event foreclosures reach record levels as they did in the first decade of the twenty-first century, lenders may have more foreclosed property than they can manage. This could enable property owners to negotiate lower values, lower interest rates and reduced monthly payments through Chapter 11 Reorganizations.

Automobile Mechanics: As vehicles have become more sophisticated, it has been necessary for mechanics to spend more money on diagnostic equipment as well as additional training and training manuals. This increases their operating expenses. However, auto-mechanics seldom have accounts receivable or large amounts of inventory that must be serviced by debt.

There is no question that automobile mechanics, oil changing locations, and tire services will experience a decline in revenue but positive factors such as providing an essential service, manageable payrolls and low inventory costs will ensure that virtually all of them will survive.

Residential Contractors: Residential contractors perform an enormous number of services that will remain open during the coronavirus quarantine. Contractors have high operating margins and have the ability to reduce their workforce promptly. While their insurance obligations are expensive, they have a low debt to asset ratio and a low default rate for accounts receivable. Resident contractors are in a unique position in that the majority of their contracts are generated by personal referrals, resulting in a small percentage of their budget being devoted to advertising.

Contractors may have an advantage because many homeowners will be unable to purchase new homes and will decide to renovate their existing homes. Instead, contractors may experience an increase in income in the months following the coronavirus quarantine.

Gyms and Fitness Centers: Gyms and fitness centers did everything possible to remain open during the coronavirus crisis. Several fitness centers employed additional personnel to wipe down the exercise machines after each use and to clean the entire center with disinfectant each evening. One Center even required their members to wear masks while on the premises. None of these steps prevented all of these facilities from being closed by government orders.

A considerable number of privately owned health clubs and gyms had already been forced to shut down due to their inability to compete with national chains that offer extended hours and lower membership fees. Many of the more vulnerable of these businesses closed before the outbreak of the coronavirus.

These businesses have costly rental obligations and moderate insurance obligations. Because most of the personal trainers and health and wellness therapists are independent contractors who are compensated directly by the members, fitness center payrolls are manageable.

Since the majority of the gyms and fitness centers are national chains, most will survive. Many continue to charge the monthly membership to their members’ credit cards even though they are closed.

Daycare Centers: In Tennessee, Arkansas and Mississippi daycare centers have been allowed to remain open on a limited basis. However, the daycare centers affiliated with private schools remain closed. The majority of daycare centers not affiliated with private schools receive large subsidies from the State of Tennessee. Most daycare centers are still receiving this grant despite the fact that their enrollments have decreased noticeably, how long this will continue is unknown.

While cashflow for most daycare centers is adequate, many are not well managed businesses. Our office has frequently assisted daycare centers negotiate tax liens and civil judgements due to their failure to file tax returns, pay tax returns and to pay suppliers. Some daycare centers that were having difficulties prior to the coronavirus crisis, may not be able to survive in the current environment. However, daycare centers provide a vital service and will continue receiving government subsidies. The daycares affiliated with private schools should have little difficulty remaining open.

Churches: Jesus and the early founders of Christianity never intended for Houses of Prayer to be a business. Yet as their members expanded, church buildings became permanent structures and priests and support staff required financial compensation, churches became businesses.

All churches must fund their buildings through traditional secured mortgages or bond issues. Companies exists that do nothing but provide mortgages for church buildings and issue bonds on behalf of churches. Payroll expenses have also increased drastically. The days of ministers taking the “Oath of Poverty” are gone. For example, a minister in one of the larger churches in Memphis earns over $800,000.00 per year and is provided a private jet.

Church attendance and financial support has fluctuated a great deal since the end of World War II in the United States. Church attendance and membership was extremely high in the closing years of the 1940’s through the middle 1960’s. Church membership began a steady decline in the 1960’s and 1970’s. Church attendance increased during the 1980’s and 1990’s but it was not universal. Large nondenominational churches and evangelical churches thrived while the liberal and moderate denominations such as Episcopal, Lutheran, Methodist and Presbyterian continued to experience declines. Since the beginning of the 21 ^st century church membership has continually declined. The only exception are the Mega Churches in urban areas.

Churches have experienced financial distress already due to zero attendance and no financial support. Our office is representing a church that reported $12,000.00 in offerings in February, but only $128.00 in March. This church’s experience is probably a good indication of what all churches are experiencing.Many of the smaller churches may very well lose their buildings and it will be difficult to continue without a meeting place.

Local Delivery Services: This category includes Uber, Taxi Services, Courier Services as well as Grub Hub. These businesses have been thriving due to the social distancing requirements. They are delivering food from restaurants, products from grocery stores and even Wal-Mart and Target.

All of these companies require drivers to use their own vehicles and provide liability insurance. In probability, consumers will become accustomed to having groceries and food delivered to their homes and some will continue using the service when the quarantine is lifted. The unknown factor is whether companies will be able to maintain enough dependable drivers once the economy improves and mass drivers will return to their former jobs or receive more attractive employment opportunities.

Florists: Flower shops and florists have been hit hard by the quarantine. In the majority of states, florists are prohibited from selling flowers for all events except funerals. The problem is compounded by the fact that spring is their most profitable season.

Florists have high rental expenses due to the fact their businesses require premium space and a great deal of it. Insurance and payroll expenses are modest, but their inventory is expensive and often leveraged. Most florists should survive, their ratio of stores to customers is low and they could benefit by a resurgence in orders once weddings and other such events are resumed.

Grocery Stores: Independently owned grocery stores are almost non-existent in today’s economy. Large chains have the ability to survive recessions more easily than single stores, owned by individuals. The chain stores remain open and have done an excellent job providing delivery and pickup services, grocery stores should have little difficulty surviving in the current economic climate.

This brief essay in no way is attempting to discuss all businesses struggling with the Coronavirus and mandatory shutdowns. Furthermore, these projections may not prove to be accurate, two of the leading economic periodicals believe that once the virus subsides and businesses reopen the economy will recover in a few months. Others are not as optimistic, as this is uncharted territory. While epidemics such as yellow fever were so severe many cities lost their charters and ceased to exist as municipalities, the United States has never experienced anything like this in the past. Contrary to popular belief, while many businesses suffered reduction in income in past recessions, very few permanently closed. The current economic downturn is different from the past because such a large percentage of businesses were forcefully closed. Another unknown factor is the impact the enormous infusion of cash into the economy by the Federal Government. One thing is certain however, the American entrepreneurial spirit will continue on and new businesses will rise and flourish in the wake of these unprecedented circumstances and the majority of businesses suffering currently will find a way to remain alive.

Dunlap to Teach Voir Dire and Jury Selection Course

Tue, 22 Oct 2019 15:40:00 GMT

Attorney John Dunlap will be teaching two courses on Voir Dire and Jury Selection for the National Business Institute on November 14, 2019. These courses are for attorneys who wish to learn more about the right strategies and steps to take during the jury selection process as well as what questions to ask.

Mr. Dunlap will be teaching two sections titles “Voir Dire and the Art of Asking the Right Questions” and “Jury Selection Strategy.” Both sections will be presented at the course in Memphis.

Mr. Dunlap’s sections cover the following:

VOIR DIRE AND THE ART OF ASKING THE RIGHT QUESTIONS
1:00 – 1:45, John E. Dunlap
1. Who Goes First: Plaintiff or Defense? Strategy of Going First or Second
2. Establishing Your Credibility and Building Trust
3. Getting to Know Prospective Jurors
  1. Personality Types to Watch for and Use to Your Advantage
  2. Reading the Non-Verbals
4. How to Conduct an Effective Group Interview
  1. Standard Questions to Always Ask
  2. Practical Tips for Question Construction
  3. Getting the Jurors Talking
  4. Simple Ways of Keeping Track of Which Juror Said What
  5. Preparing Jurors for Delicate/Unpleasant Aspects of the Case
  6. Getting Truthful Answers to Tough Questions
  7. How to Ask Questions When a Positive Answer May “Poison” the Entire Panel
  8. When to Ask Follow-Up Questions in Chambers
  9. Uncovering Biases that will Sink Your Case
5. How and When to Object to Opposing Counsel’s Questions
6. What NOT to Do in Voir Dire

JURY SELECTION STRATEGY
1:45 – 2:30, John E. Dunlap
1. Identifying Whom to Strike
2. Different Methods of Striking Jurors
3. Peremptory Challenges – When and How to Use These Precious Few
4. Understanding Opposing Counsel’s Striking Strategy
5. Alternate Juror Selection

Attorneys who wish to register at the National Business Institute may do so and use the courses for CLE credits.

Dunlap to Teach The Rules of Evidence Course

Fri, 19 Apr 2019 20:35:00 GMT

Attorney John Dunlap will participate in teaching a course on The Rules of Evidence for the National Business Institute on May 7, 2019. The course is intended for attorneys who wish to learn more about the evolving changes in the Rules of Evidence, particularly about jury trials and evidence procedures.

Mr. Dunlap wrote one section of the course, titled “Presenting to the Judge and Jury” and will present that section at the course in Memphis. There is another course in Nashville where Attorney John M. Cannon will be teaching from Mr. Dunlap’s text.

Mr. Dunlap’s section covers the following:

PRESENTING TO THE JUDGE AND JURY
2:50 – 3:30, Written by John E. Dunlap. Presented by John M. Cannon in Nashville and John E. Dunlap in Memphis.

Authenticating Exhibits
1. Stipulations
2. Self-Authenticating
3. Authenticating – Laying the Foundation for Admissibility
Presenting Deposition Records
Introducing Juries to Evidence
Providing Jury Notebooks
Presenting Your ESI: Common Mistakes Made in the Courtroom
Computer-Aided Displays, Video and Graphics

Attorneys who wish to register may do so at the National Business Institute and use the course for CLE credits.

Thousands Die Waiting for Social Security Disability Appeals

Fri, 22 Feb 2019 19:32:00 GMT

More than 800,000 of Americans are waiting to receive payments from Social Security Disability Insurance and thousands of them die before they receive any money that they paid in to the system, according to a report from USA Today .

Many families are dependent on Social Security Disability Insurance and the death rates of those on the waiting lists keep rising. Some people having to wait for Social Security Disability Insurance are sinking in debt, while waiting to receive news about their claims. Moreover, those who are waiting long periods of time for their claim are being denied.

Applicants have the ability to appeal their denial. However, some are not making it to that point in the process. Applying for Social Security Disability Insurance can be difficult, but the waiting games can make it taxing. Having an attorney that will fight your case and work to getting it moved up on the waiting list is crucial.

John Dunlap has helped lots of clients successfully fight the Social Security Administration and obtain benefits from Social Security Disability Insurance. Mr. Dunlap may be able to decrease long waiting periods and assist with pushing hearings along. Call for a free twenty minute strategy session.

Read the full article here.

Important Win for Employees Across Tennessee

Tue, 14 Aug 2018 19:40:00 GMT

Attorney John Dunlap successfully argued in front of the Tennessee Workers’ Compensation Appeals Board where Attorney Dunlap represented Kimberly Bullard concerning a workers compensation claim. In an appeal, Attorney Dunlap won the claim for Ms. Bullard for workers’ compensation after she sustained an injury at work.

Ms. Bullard was injured from a fall while entering a building during her shift on a single step. The employer contended that a single step “cannot be a hazard incident to one’s employment because most people must navigate such a step when entering or exiting a building, whether in a working or personal capacity. ” However, the Appeals Board found that the fall occurred during the course of her employment and Ms. Bullard is entitled to workers’ compensation benefits.

This is an important win for employees across Tennessee, not just for Ms. Bullard, as it sets a precedent for falls at work on staircases that upholds workers’ rights. Instead of setting a new rule for injuries on stairs of a certain height or number, the Appeals Board states in the opinion, “we decline to adopt a rule that would require courts to count stairs and make findings regarding whether the stairs were on the exterior or interior of the building in order to determine whether injuries resulting from a fall arise out of the employment.”

The full opinion is available here .

Attorney John Dunlap featured in From the Bench

Mon, 23 Jul 2018 20:29:00 GMT

Attorney John Dunlap was recently featured in an article about a case before the Tennessee Workers’ Compensation Appeals Board where Attorney Dunlap represents Kimberly Bullard concerning a workers compensation claim.

You can read the full article at From the Bench .

John E. Dunlap has represented hundreds of clients in workers’ compensation cases and offers a free 20 minute strategy session. Call us today to schedule your free session and see if Attorney John E. Dunlap can help you with your workers’ compensation claim.

Benefits of Chapter 13 Bankruptcy Over Chapter 7

Wed, 09 Nov 2016 20:40:00 GMT

Chapter 13 bankruptcy is a Debt Reorganization Plan commonly known as “wage earner” in Tennessee. All of your debts are combined and the Chapter 13 trustee is paid who disburses the payments.

A common question is why would I need to file a Chapter 13 bankruptcy instead of a Chapter 7?

The first reason is to stop the student loan collectors from garnishing your wages and your tax refund. Student loans are paid through the plan that usually lasts 5 years. The student loans accept the amount we calculate for their share of the plan and it prevents them from instituting collection procedures for 5 years and the debt is actually paid down. Also penalties and late fees stop, however, interest still accrues. The Chapter 13 bankruptcy can enable you to determine a permanent settlement and be free of garnishments for up to 5 years.

The second reason for filing Chapter 13 bankruptcy is to enable you to retain your residential home and an affordable repayment plan. Filing for Chapter 13 bankruptcy allows you to place the amount you are behind by into the Chapter 13 repayment plan and the mortgage company will pay the same way as other secured creditors by the Chapter 13 trustee. At the end of the plan, the mortgage will be current and since the remainder of your unsecured debt will get discharged, you’ll be able to afford to make the monthly payments.

For example, if your house payment is $500.00 a month and you’re behind by $3,000.00. The $3,000.00 would go into the Chapter 13 debt payment plan, the $500.00, which is your regular payment, would also go into the plan so the trustee would essentially be distributing the $500.00 of your regular house payment plus the amount necessary to repay the mortgage arrearages.

The third reason to chose Chapter 13 over Chapter 7 is to pay delinquent child support. While child support can not be discharged in bankruptcy, the arrerages can be paid over the life of the plan (usually five years). This will prevent collection efforts as long as the case is active.

The fourth most common reason to consider filing for Chapter 13 bankruptcy instead of Chapter 7 bankruptcy is having too high of an income to qualify under the means test, which is required to qualify to file for Chapter 7 bankruptcy. While you may feel that you need or at least want to file Chapter 7, making a little too much money can disqualify you from this type of bankruptcy. The other way you can be forced to file Chapter 13 Debt Reorganization is if your income exceeds your expenditures. It would take an analysis from a bankruptcy lawyer to learn if this is a factor. The means test is a government calculation, which is allegedly supposed to be a test line. The government’s calculation is based on your income and Internal Revenue Service created living expenditures depending on family size, then create a determination of a Chapter 7 or Chapter 13. The means test is a calculation using the financial information and expenditures, is designed to determine based on your income or means whether you should be able to qualify for a Chapter 7 bankruptcy. However, just because you have too much income to qualify for Chapter 7, does not mean that you are not eligible to file bankruptcy all together. This is one case where Chapter 13 bankruptcy may be the best option.

It is very important to understand, that even if you do not qualify to file for Chapter 7 bankruptcy due to your income, or you’re behind in your mortgage payment and you want to save your house, filing Chapter 13 bankruptcy can help you save your house, your car and stop wage garnishments.

Guidelines for Filing Long-Term Disability Insurance Claims

Wed, 21 Sep 2016 16:17:00 GMT

This article is provided by the Law Offices of John E. Dunlap, P.C. to assist you in the insurance claims process. It is not a substitute for legal representation. Every claim is different, and only by employing a lawyer do you fully protect your rights. If you have questions about your long-term disability, please call our office at (901) 320‑1603 or email us on our web site.

Locate the original and any addendums of your policy . Maintaining good records of your contracts is essential, should you need to go to an administrative appeal or litigation. Do not rely on your employer’s human resources department or insurance carrier to provide those contracts.

Do not try to represent yourself . Working with an attorney who is experienced in handling these type of claims could mean the difference between a properly prepared claim and one that gets denied.

Monitor dates and deadlines . If your policy requires a 90‑day filing of proof of loss, make every effort to be several days or even weeks ahead of the curve. Filing even a day late could turn a claim into a denial. Moreover, send all correspondence to the insurance company by certified mail and make certain you keep all copies for your own records.

Medical records are probably the most important part of your claim presentation . You have a right to have a copy of all your tests, records and reports and you need time to review them. If there are things you don’t understand, ask your treating physician. If your doctor does not provide a satisfactory answer, obtain another opinion. If there is information that does not seem correct to you, insist on discussing it and if necessary, request that corrections be made in the proper manner.

Treating doctors are not insurance professionals or lawyers and do not understand many of the elements in determining claim decisions. Medical records must clearly indicate limitations and restrictions and relate specifically to your occupation and should clearly describe how these problems prevent you from performing tasks necessary to do your job.

Medical records must include documentation that could also serve as evidence of your inability to perform the necessary task associated with employment, whether it’s physical labor or sedentary employment. Insurance adjusters often fail to consider the cognitive requirements of work, so you must present these aspects of the job.

Every time you have contact with the insurance company, be careful . Always make detailed notes on who you spoke with, the date, time and details of the conversation. If necessary, have a friend or professional on the phone or in the room who could serve as a witness on your behalf. Tell the insurance company representative another person is on the phone line with you and make a note that this has been made clear to all parties. After each phone conversation, send a letter that describes the conversation and all details. In the letter by requiring the insurance company to respond if they disagree with the details.

Protect your claim .

No matter how friendly the insurance adjuster may be, they are not your friends.

Filing a disability insurance claim can often result in the possibility of surveillance and review of any material you post on social media . If your claim involves being unable to travel to get to work, you may be videotaped if the investigator sees you traveling. If you call the adjuster from a phone not located in your home, caller ID can be established to prove you are able to travel. Today’s insurance company watches public posts, forums, bulletin boards, chat rooms, social networking sites and any online sources where information can be gathered. Our office recommends that people refrain from using Facebook or Twitter while the claims process is ongoing.

Filling out insurance forms is much like a lawyer preparing for trial in that every piece of information is a chance to build or destroy your claim. Always be honest, but do not leave yourself exposed to evidence contrary to what you have stated. If you have days where you do not feel sick or disabled, be prepared to state how many days a week you’re able to function. If the disability leaves you unable to do much of anything except between 10:00 a.m. and 11:00 a.m., state this. If the forms are not long enough, make a note on that form that clearly indicates more information is on the attached page.

If the insurance company instructs you to go for an Independent Medical Examination understand that you are going to be examined by a doctor who is employed and paid for by the insurance company.

If you are ordered to go for a Functional Capacity Evaluation, review your policy to determine if this test is specifically in the language of the policy. These tests are not necessarily required, and they are often not accurate. If you do go for the test then you are asked to perform a task you know you cannot do without pain or discomfort, do not do it. Be certain to document how you feel following the testing, and consider seeing your treating doctor shortly after the test for further evaluation.

The Importance of Owning Disability Insurance

Thu, 25 Feb 2016 15:15:00 GMT

A large number of Americans believe that they will never become disabled despite statistics to the contrary. An article from the Bureau of Labor Statistics reports that in 2014, only 34 percent of private industry workers participated in their employer’s Long Term Disability Insurance program.

Compare that number to the likelihood of becoming disabled during their working lifetime:

A typical male, age 35, 5 foot 10 inches, 170 pounds, non‑smoker, who works an office job, with some outdoor physical responsibilities and who leads a healthy lifestyle has a 21 percent chance of becoming disabled for 3 months or longer during his career; with a 38 percent chance that the disability would last 5 years or longer and with the average disability for someone like him lasting 82 months.

A typical female, age 35, 5 foot 4 inches, 125 pounds, non‑smoker who works an office job, with some outdoor physical responsibilities and who leads a healthy lifestyle has a 24 percent chance of becoming disabled for 3 months or longer during her working career; a 38 percent chance that the disability would last 5 years or longer, and with the average disability for someone like her lasting 82 months. According to these statistics, 67 percent of American employees are at risk if they should become disabled and unable to work. Our office recommends the following:

If your employer offers disability insurance, participate in the program. Social Security disability benefits can take years to obtain in many instances.

If your employer offers disability insurance and you have a policy, consider buying a private policy. If you have a certain lifestyle that you would want to maintain, chances are very good that the policy from your employer will not be enough for more than subsistence levels.

If your disability insurance has been denied, delayed or terminated please call our office for a free consultation.

The Dangers Of Representing Yourself In Your Social Security Disability Case

Sun, 17 Jan 2016 07:30:01 GMT

Our office is sometimes approached by disability claimants who have handled their own Social Security claim and have received an unfavorable decision. These people have waited months (sometimes years) for a hearing to be scheduled. When appearing before the Administrative Law Judge they were unable to present adequate evidence supporting their inability to work.

You need a lawyer to represent you in your Social Security disability claim because:

Our office will develop the theory to show the Administrative Law Judge exactly how and why you are disabled. Our office understands the law, vocational issues and medical issues and are able to demonstrate how you are unable to sustain employment. With more than two decades of experience in handling claims for Social Security benefits we know how to develop theories in support of recoveries. The danger of presenting your case without a theory is like not having a plan. Without a theory, you are unprepared to prove your claim and risk receiving an unfavorable decision.
Our office will focus on the issues that are crucial to your case. We recognize that every individual’s claim is unique. Our office understands you and your specific medical and vocational issues. We will focus on what will be the key issues in the case. Failure to focus on the key issues in your case could result in the denial of benefits.
You must be a credible witness. Our office will help you attempt to avoid the pitfalls so many unrepresented claimants fall into. There is much you need to know about how to appear in front of a Federal Judge. Your credibility and consistency are extremely important. These are two of the most important criteria for many Judges and you will not find them written in the “five step sequential evaluation.” Our office will assist you with these issues.
You will need to be prepared to cross-examine the vocational expert at your hearing. The fact that the witnesses will be present at your hearing requires the lawyer to assist you. Do not miscalculate the importance of your right to cross-examine a vocational expert.
Without a lawyer, you will not know the questions you will be asked at the hearing. You will not know what to expect. Our office will prepare you for all questions that may be asked of you at the hearing. We anticipate the questions based on years of representing claimants in these hearings as well as our own personal knowledge of the judge assigned to hear your case. The preparation appointment will help reduce your stress level and enable you to present as a more effective witness in your own claim.
The Social Security Administrative has many deadlines. Missing a deadline could require you to start the process all over. You will lose retroactive benefits in the process. Our office has systems in place to appeal your case before the deadline and protect your claim. We will also seek to win your case by summarizing and briefing all medical and vocational issues to be presented to the Administrative Law Judge.
If our office fails to obtain a favorable decision, we will appeal the case up to the Appeals Council in Virginia and possibly file a federal court lawsuit on your behalf if necessary.
We hope the information on this page will help you regardless of where you are in the process. If you have questions about your disability case please contact us at (901) 320-1603 .

The Importance of a Correct Earnings Record

Mon, 28 Dec 2015 07:44:01 GMT

A few weeks ago, I conducted a Social Security disability hearing in which the medical proof supported a finding for disability pursuant to the Social Security Guidelines. Unfortunately, the claimant’s earnings records, which were made a part of the record the morning of the hearing, indicated that the claimant earned well above the “substantial gainful activity” and disqualified him for benefits.

Having an incorrect earnings record can harm the case in many ways. In Title II (SDS) cases, the claimant needs to be “insured” (have sufficient quarters of coverage from earnings) in order to be eligible to collect disability insurance. If a claimant’s earnings records do not accurately reflect all of their earnings, they may not be considered insured and therefore lose benefits that they have earned.

Disability Evaluation

In both SSI and Title II cases, the issue of earnings arises at the first step of the disability evaluation. The Administrative Law Judge is required to determine if the claimant is working and if so, to determine whether it is substantial gainful activity. In 2014 substantial gainful activity was equivalent to earnings of $1,070.00 a month. It is not uncommon in a Social Security disability case for the claimant to stop working, but then again resume working at fewer hours. If the person earns above the” substantial gainful activity” level, he or she is not considered disabled. The Administrative Law Judge will look at the earnings records to make this determination.

The earnings records also comes up at the third step in a disability evaluation when the Administrative Law Judge is trying to determine what kind of work the claimant performed in the past. The Administrative Law Judge will look back at the last 15 years. Over the years there have been cases in which employment was listed that the claimant did not perform or employment was not listed that the claimant had performed.

Obtaining Your Earnings Record

It is in the best interest of all Social Security Disability applicants to obtain their earnings record and check it. The first step is to go online and set up “My Social Security”. After creating this account, the claimant is able to obtain an online earnings record. This will not be a detailed record, but it does show the years of employment and check to see if the amounts listed are correct. There is no charge to obtain this record online. If a more detailed earnings statement is necessary, it is necessary to complete SSA Form 750-F4 . It costs $102.00 for this information. Often a claimant’s Social Security Lawyer will not see earnings information in the record until a few weeks before the hearing if then. There have been instances where the Judge orders a new report to be run during the hearing. By then it is too late if there are errors in the record.

With Social Security’s expanded online access, it is now possible to check online and obtain at least the basic information. The earnings record is one of the most important components of a Social Security disability case and correct information is essential for adequate preparation and favorable decisions.

The Necessity of Non‑Medical Evidence

Mon, 21 Dec 2015 07:56:47 GMT

There is no question that medical evidence is the most important component of a Social Security disability claim, however, non‑medical evidence can play an important role and can persuade an administrative law judge that the claimant is unable to perform and complete for employment.

Often medical records do not contain a complete picture of an individual’s ability to work. Unfortunately, it is getting more and more difficult to persuade medical doctors to complete functional and mental residual capacity forms. Even if the claimant is able to obtain Residual Functional Capacity evaluation from a medical doctor, other evidence is still useful. One type of evidence that is important are work records. These records could show a pattern of absences due to the medical condition or they may show that the claimant tried to stay employed with a series of jobs that were progressively less demanding.

Testimony from co‑workers and supervisors may also assist in proving a claimant’s inability to perform the requirements of the job. It is important to show that the claimant is applying for disability only because they are unable to perform the requirements of their past employment or any other employment. In addition to work records, it is also helpful to obtain statements from family members, neighbors, or friends who are familiar with the claimant’s condition and the limitations that it causes.

The Importance of Filing Tax Returns

Mon, 14 Dec 2015 08:01:46 GMT

Failing to file a tax return can prevent the consumer from being able to discharge the debt if they ever seek bankruptcy relief. As a general rule, taxes that are due 3 years or less from the date the bankruptcy petition is filed are not dischargeable and will still be owed once the individual receives the discharge. But the return has to have been filed at least 2 years before the bankruptcy case is filed. The return can even be filed late as long as the 2 years have passed. And that’s a good reason to file tax returns as soon as possible. If it’s ever necessary to file bankruptcy , it will be very helpful if those returns were filed at least 2 years ago.

However, if an individual doesn’t file a tax return when it is due and the IRS sees income on a W-2 or 1099, the IRS can estimate the amount of tax they think is owed by preparing a Substitute For Return . Once the IRS estimates the tax they think you owe on their Substitute For Return, they will send a deficiency notice.

The consumer can then file the real return and will probably owe considerably less than estimated. But, for bankruptcy purposes, the IRS Substitute For Return does not qualify as a return for that 2-year rule. Even worse, some bankruptcy courts have held that any return filed by a taxpayer after the IRS has prepared a Substitute For Return does not qualify as a return for bankruptcy purposes. That means that once the IRS prepares a Substitute For Return for a specific year, it will never be discharged in bankruptcy court. For these reasons ,it is important to file tax returns even if the consumer owes and cannot pay it.

Working Part Time While Receiving Social Security Disability Benefits

Fri, 11 Dec 2015 08:16:42 GMT

It is possible to work part time and not lose disability benefits. However, it depends largely on how much you earn and what type of disability benefits you are receiving. If you are receiving Supplemental Security Income (SSI) and you begin work, the Social Security Administration will reduce your benefits by $1.00 for every $2.00 you earn after the first $65.00. This means that you could earn so much working part time that the SSI benefits will terminate. But unless your benefits have stopped because of your earnings for an entire year, the Social Security Administration will start up your SSI benefits again if your earnings decrease. After a year of receiving no benefits it will be necessary to apply again.

Substantial Gainful Activity

Trial Work Period Services

If you are going to work part time and you want to avoid problems keeping your benefits period, it is best to keep your income below the substantial gainful activity amount. In fact, because there are advantages to keeping your income below what the Social Security Administration calls the “trial work period services” amount which in 2014 was $820.00 per month, this is what is recommended if you are receiving Social Security disability benefits. This way you would not use up your trial work period months; you can save them for later use if you ever decide to go back to work on a full time basis. If your claim is SSI, the trial work period rules do not apply. For those people already receiving SSI benefits, the substantial gainful activity amount rules do not apply either.

It is best not to use up trial work periods until you are ready to return to work on a full time basis because the trial work period can be valuable, we recommend that you do not waste it on part time work. To keep from wasting the trial work period, you need to keep your monthly income below the trial work period service amount.

The trial work period rules allow you to earn any amount of money for nine months and still receive full disability benefits. This allows you to attempt to return to full time employment without losing your disability benefits. If you determine you can not work on a full time basis and stop working prior to the nine month period, your benefits will not be terminated.

Unfortunately, many people use up their trial work period months by working part- time. I have had some clients who worked part time while their claims are pending and used up their trial work period before being adjudged disabled. If your income exceeds the trial work period monthly amount for nine months at any time since you applied for benefits, you will have used up the trial work period. This is true even if the months are not consecutive. Once you use up the nine month trial period, it is gone.

The Social Security Administration counts gross income, not take home pay. There are no deductions that can be taken against your gross income to reduce it below the trial work period monthly amount.

Reporting to the Social Security Administration

If you begin any work, you must report it to the Social Security Administration immediately. But it is not clear when you must provide proof of earnings. This seems to vary from office to office. When reporting employment to the Social Security Administration, ask when you are required to income documentation. Be sure to keep all documents provided to you and get the name of the person you speak with. Make it clear that you are receiving disability benefits, not retirement because the rules are different.

Post-Bankruptcy Filing Financial Management Course – What to Expect

Mon, 16 Nov 2015 08:25:41 GMT

After filing a bankruptcy case, the law requires the debtors to take a financial management course, which is done either online, by telephone or in a classroom. If a debtor does not take this course, the bankruptcy court will close the case without a discharge. Since the discharge is the motivation for filing a bankruptcy case, it is essential that this course be taken.

In order to better explain to my clients what to expect, I took this course from a provider called StandSure. They charged $15.00 for the course, which seems about average for other course providers in this area. I found the course to be informative.

The course begins by asking questions about what people already know about finances, such as what a budget is, or about money management. After that, the course explains that the financial management course requirement and the budget management, the importance of setting goals, how to set goals, the difference between short term, medium term and long-term goals. The course explains the percentage of an individual’s income that should be devoted to each item in their budget. For example, mortgage or rent should be no more than thirty percent of the household income. Then the course provider discusses money management (thinking about what you want as opposed to what you need; the importance of comparison shopping; budgeting your money by tracking your spending, then reviewing your spending, and then creating a budget by taking into account your income; fixed and varied expenses, and learning to balance your checkbook; the importance of avoiding payday loans and title loans; information about insurance and the importance of saving money. The course provider then goes on to explain all about credit listing the different types of credit; secured and unsecured credit. The course provider discusses the importance of comparing credit offers and then explains the concept of predatory lending. Credit discussions then explains FICO and credit scores, as well as the impact of bankruptcy on an individual’s credit report.

The course provider listed several websites that provided free financial information to consumers and then provides a nice summary of consumer protection laws. Finally, the course gives a thorough summary of the changes of the bankruptcy law since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 . At the end of course, you receive a Certification of Completion. I found the course to be very informative and I thought it was a lot more interesting and a lot more useful than the prebankruptcy credit counseling course.

I recently read Dave Ramsey’s book regarding financial management after bankruptcy. I and several lawyers in the West Tennessee area agree that it was rather condescending. This makes me reluctant to recommend that particular course.

Stopping Foreclosure by Filing Bankruptcy

Mon, 16 Nov 2015 08:21:17 GMT

If a consumer falls behind on their mortgage payments, and the lender accelerates the loan and initiates foreclosure proceedings, a Chapter 13 bankruptcy (wage earner) is often the only realistic way to save the home from a foreclosure sale.

Unless the homeowner can pay all unpaid mortgage payments, late fees, legal fees and foreclosure costs prior to the foreclosure sale, the lender will often proceed with foreclosures while offering loan modification options under HAMP or other programs, which may or may not stop the foreclosure. Many consumers rely exclusively on loan modification programs until it is too late and they are facing a foreclosure sale.

One thing that is very important to remember is that unless the lender agrees to stop the foreclosure by entering into a loan modification, the law firm conducting the foreclosure will be proceeding. This causes a great deal of confusion. It is a good idea to know about Chapter 13 bankruptcy, which can be a viable alternative for many people, even if they wish to attempt a loan modification.

Chapter 13 bankruptcy is the only way to immediately stop a foreclosure process and require the mortgage holder to accept payments on the arrearages over a period of time. In addition to saving a consumer’s home, Chapter 13 provides other benefits of discharging unsecured debts (like medical bills or credit cards), resolving tax problems, and reducing the monthly payments owed on secured debt such as car notes and furniture notes.

Be Wary of Debt Consolidation Companies

Wed, 11 Nov 2015 08:28:55 GMT

Since the economic meltdown of 2008, many consumers are so deeply in Debt that it is not possible to repay the loans without changing the payment arrangements. A considerable number of consumers have found bankruptcy to be a viable option, especially since the stigma against bankruptcy has been fading since the 1970s. However, some consumers are utilizing the services of Debt Consolidation Companies, which can be risky.

Memphis TN Debt Consolidation Law Office of John E. DunlapDebt Consolidation is defined as combining all Debt together and one payment with one interest rate either through a home equity line of credit, Chapter 13 bankruptcy (Wage Earner) or a Debt Consolidation Company. This makes the payments easier to manage and often makes the monthly payment smaller by extending them over a longer period of time. In a Chapter 13 bankruptcy and some Debt Consolidation Companies, the Debtor makes payments to the Chapter 13 trustee or the Consolidation Company, which then makes the payments to the consumer’s creditors.

While Debt consolidation has a rather high success rate under Chapter 13 bankruptcy, using a Debt Consolidation Company to consolidate Debt does not provide the oversight of federal court and can be a big risk. Many of the Debt consolidation companies are for profit companies, though there are also nonprofit companies. These companies offer loans to the consumer to cover the cost of Debt repayment, and then take of the responsibility of repaying the person’s loans. Instead of paying each creditor separately, the consumer makes one payment to the Debt Consolidation Company. The interest on the new loan is lower than previous Debts but since Debt Consolidation Companies make their money on interest, companies often stretch payments out over longer than necessary periods of time. Often the total for the Debt consolidation loan is higher than the original loan.

In addition to extending payments to cost more interest, Debt Consolidation Companies also charge consumers a monthly maintenance fee. This can be as much as 18 percent of the consumer’s total monthly payment. Moreover, if the payments are not made in a timely manner, the consumer’s credit report can be damaged further.

Lastly, unlike Chapter 13 bankruptcy, creditors can refuse to work with the Debt Consolidation Company, leaving the consumer with an extra Debt payment in addition to the payments of the firm. It is also perfectly legal for a creditor to withdraw from the repayment plan at any time. There are much better ways to consolidate Debt than employing the services of a Debt Consolidation Company. It is not unusual for a Debtor to be in a worse financial position at the end of the consolidation. If you are currently under financial distress, please seek the advice of a bankruptcy lawyer prior to entering into an agreement with a Debt Consolidation Company.

If you’re under financial distress from Debt, call us today for a free consultation at (901) 320-1603.