The winner will be announced on the 1st day of fall and will win a free lunch and legal session with one of our Super Lawyers.

The Summer Question is a compound one.  “Is it safer to drive drunk or walk drunk?”

Defend your answer with facts.

Also, what is the source of the famous slogan, “Friends Don’t Let Friends Drive Drunk?”

Let the fun begin!

Tom Silverman

His wonderful answer to the most unique divorce settlement in history was; “Before King Louis XII could be granted an annulment from his wife, she had to agree to spend the rest of her days in a convent.”

All the judges agreed this was the best answer received. Fleming intimidated the competition with his best divorce settlement answer!

This was a subjective question. Here is what Tom Silverman had in mind on this divorce question.

One of my heroes is Walter Isaacson. His book on Einstein, “Einstein, His Life and Universe” is a truly great book. It is entertaining, thorough, and made me sad to finish because of the pure enjoyment of reading it. All salute Walter Isaacson!

In this wondrous book Mr. Isaacson writes that in order to entice divorce from his wife Mileva Maric he ”…made a striking offer to Maric: ‘The Nobel Prize – in the event of the divorce and the event that it is bestowed upon me – would be ceded to you in full.’ ”

In 1918 this was worth more than 37 times what Maric was making annually.

Einstein did divorce her and did win the Nobel prize for his work on the photoelectric effect and did give Maric the proceeds!

If you come to see the brilliant Super Lawyer Katie Hays from Tom Silverman Law Offices for your divorce, she will strongly recommend that you not give up your future Nobel Prizes!

Congratulations to Trane Fleming! You can call us any time to collect your valued prize.

If the readers want to win, look for our Summer Question. You too can be a winner!

Tom Silverman

The Court held there was no expectation of privacy in private text messages sent on your company/employer supplied cell phone, even when the employee pays the costs of sending the text messages.

This case involved an undercover police officer who sent sexually graphic text messages unrelated to  his job. He paid the excess charges for the text messages. He was disciplined after his employer searched his phone.

The moral of this decision? If you have a company supplied computer or cell phone, your employer may searrch it without fear of running afoul of any constitutional protections.

Joe Kirwan -Watching out for your rights at Court Watch and Silverman Law Offices

What is a bankruptcy?

Bankruptcy is a proceeding based on federal law allowing people to obtain relief from their debts. There are a number of different proceedings but the most common is Chapter 7.

Basically, the debtor gives his/her property to a trustee appointed by the government. The trustee converts the property to cash and pays the creditors, to the extent possible.

The person filing bankruptcy is called the debtor.  Husbands and wives can file together or individually.

The person filing bankruptcy (debtor) keeps his/her exempt property and is discharged (doesn’t have to pay) the debts which are legally allowed to be discharged.   Most debts are dischargeable.

The exemptions in Colorado (the property you get to keep),  and the fact that the value of houses and vehicles are often security for their loans,  means that the debtor may, in many cases, keep their house and their cars.  There are many other exemption categories which prevent the person filing bankruptcy from losing their possessions.  This includes retirement funds.

Should I see a lawyer?

Yes! You should see Tom Silverman, or other qualified lawyer,  to help you decide whether bankruptcy is right for you and to represent you if you decide to do it.

I don’t say this just because bankruptcy is part of our business at Silverman Law Offices.  Bankruptcy is sufficiently complicated that I believe you need our help for filings under Chapter 7 or 11, 12 or 13.

No website is a substitute for competent legal counsel in bankruptcy.  Even the United States Bankruptcy Court’s publications recommend having a lawyer rather than trying to do it yourself.

Call us at our Glenwood Springs office (970 945-1000) or our Rifle office (970 625-9444).

How much does it cost?

The cost consists of the filing fee and the attorneys fees.  Each of these depends on the type of bankruptcy case that is filed.

For a Chapter 7 case the filing fee is a total of $299 and the attorneys fees depend on the complexity of the case.  We have compared our fees to others and believe we are the same as, or less than,  our fellow bankruptcy lawyers in this area.

Can anybody file bankruptcy?

No.  Chapter 7 filings are subject to a “means” test. This means that your income and expenses are subject to a test to determine whether you are eligible to get bankruptcy help.  The formula is a bit complicated.

We can help you determine whether you qualify.  In many instances you can call our assistant, Cassie, and she can “pre-qualify” you to see if you are eligible for Chapter 7 before you come in to see me.

Should I feel bad about considering bankruptcy?

Absolutely not!  I find that in the 30 some years I’ve been involved with bankruptcy many people feel uncomfortable about seeking bankruptcy as a debt solution.

Our founders put bankruptcy authorization in the United States Constitution.  They had seen debtors’ colonies and debtors’ prisons and specifically authorized the Congress to enact “uniform Laws on the subject of Bankruptcies”.

Our bankruptcy law was passed to give debtors a “fresh start” from burdensome debts. The United States Supreme Court wrote “…it gives to the honest but unfortunate debtor … a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.”

Sometimes because of economic decline, medical problems, divorce, legal problems, garnishments, credit card debt and other common problems, you find that the “math doesn’t work”.  You just don’t have enough money to pay your bills and survive. Bankruptcy may help.

I believe having your debts discharged in bankruptcy actually stimulates the economy by allowing you to re-enter the economic marketplace.

Honestly, I can’t think of anyone who filed bankruptcy who wasn’t glad they did.  Sometimes it’s your only meaningful choice.

Tom Silverman

The decision is frankly horrible and practically overrules the 44 year old Miranda decision which protected the individual’s right to remain silent when police tried to coerce a statement from the citizen accused without advising of the right to remain silent.

The Court ruled that you must TELL THE POLICE THAT YOU WISH TO REMAIN SILENT!

Merely remaining silent is not enough to protect your constitutional right which was designed to avoid torture by the government police and then the use of a statement made as a result of that government coercion against you in court.

This is an incredibly bad decision and reminds all of us that you should NEVER EVER TALK TO THE POLICE WITHOUT A LAWYER!

Whether it is a DUI case or any criminal investigation you must now affirmatively tell the police; “I am exercising my right to remain silent, and I want a lawyer.”

Joe Kirwan, associate with Tom Silverman and expert criminal defense attorney in Glenwood Springs, Rifle, Aspen, Eagle, Carbondale, Meeker and surrounding area.

No.

This is a recurrent problem in this field.  The legislature passes criminal laws to make the punishment harsher with the expectation that harsher punishment reduces crime.

It doesn’t necessarily accomplish that purpose, in fact, you can find supportive studies on DUI sentencing that show that the more jail you give, the more likely the offender will repeat the crime.

Officer pulls over my client who is extremely inebriated. It is immediately obvious that he is drunk. The police officer asks him, “Have you been drinking this evening?”

My extremely honest client slurs out a very enthusiastic, “Oh, YES!!!”, while his eyes are glazed and his head is bobbing in an uncoordinated manner.

The officer says, “OK, get out let’s do some roadsides.”

My puzzled client looks quizzically at the cop and says, “Why? Don’t you believe me?”

Billings Legal, Montana Attorneys are peers and practice Family Law, DUI.

Our law office provides superb legal representation in domestic relations,  and family law. This includes divorce and child custody matters.

The winner of the Spring Contest gets a free lunch with Tom Silverman, Katie Hays or Joe Kirwan.

During the free lunch you may ask any legal question and we will be happy to provide free legal advice in the areas of family law, divorce, bankruptcy, criminal defense, DUI, or other area of our expertise.

The winner of the contest will be announced on the website on the first day of summer, 2010.

The winner will be determined in the sole subjective judgment of Tom Silverman, Katie Hays and Joe Kirwan.

Ready for the big question?

Here we go; What was the most unique divorce settlement in history?

Obviously, this is a subjective question with many possible answers. I do have a specific divorce settlement in mind and will share that on the first day of summer.

Nonetheless, I am open to other possible, better answers and will reserve judgment until all the answers are in.

Remember, this is just for fun and a free lunch and legal advice session and my determination of the first, best answer is final.

Bring on the answers!!