By Richard Kistnen, Esq. For much of the past several weeks, there has been news coverage of problems associated with the rollout and implementation of the Affordable Care Act, otherwise referred to as “ObamaCare.” Generally speaking, the law provides that uninsured individuals will be assessed a penalty when filing their tax returns. (Currently, orders are being issued to extend the deadline by which an individual has to obtain health insurance to avoid the tax penalty.) The heart of the program is the implementation of an “online marketplace” in which…
Read MoreCategory: LEGAL CORNER
Decision-making authority after someone has passed
By Richard Kistnen, Esq. I have been approached a number of times in recent weeks by individuals wanting to learn more about what mechanisms are available to settle the affairs of someone who has passed. Consequently, I wanted to take the opportunity to gloss over how a person can obtain the authority to wind down an estate of a deceased person. This topic falls under the larger umbrella of estate planning. Wills, trusts, insurance policies, changes to title – these are all devices the law has created that a person…
Read MoreImmigration legislation could be amended by same-sex provision
By Richard Kistnen, Esq. – As the immigration overhaul legislation works its way through the Senate, a critical voice has made itself heard: proponents of same-sex marriage. Support for same-sex marriage has gained tremendous support recently, and a number of states, recognizing the trend in public opinion, have made changes to law recognizing same-sex marriages. The immigration legislation, which has recently introduced by a bipartisan group of eight Senators, did not include any provisions which would allow for partners in a same-sex relationship to petition for legal residency. That is,…
Read MoreImmigration Reform Law set to be introduced this week
By Richard Kistnen, Esq. – After weeks of much internal debate and public speculation, the bipartisan group of eight United States Senators are set to introduce a bill that aims to achieve comprehensive immigration reform. Much of the particulars of the bill, and the negotiation in drafting it, has been accomplished in secrecy. Over this past weekend, however, members of the group of eight went on a media tour to express that a bill has been completed, and is ready for introduction and (much anticipated) debate. Though the complete specifics…
Read MoreTax time a great time for scams
By Richard Kistnen, Esq. Springtime is almost here, and with that comes the deadline for filing your tax returns. With the prospect of receiving a tax refund, it is not surprising to observe scams popping up. While you should generally be leery of demands for payment under normal circumstances, you should be exceptionally wary now because many scammers and debt collectors are betting that you have come into some money. A number of persons have recently come to my office and indicated that they have received phone calls from persons…
Read MoreNew York City poised to curb immigrant detention
By Richard Kistnen, Esq. – The City Council of New York City recently passed two pieces of legislation that may help illegal immigrants from being held in detention by the Immigration and Customs Enforcement (“ICE”). The two bills, Bill Number 982-A-2012 and Bill Number 989-A-2012 were presented to the City Council for a vote, and both were passed. The bills are next expected to be presented to Mayor Michael Bloomberg for signing into law. The legislation is intended to reduce the number of immigrants that are detained by ICE, especially…
Read MoreObama Administration releases immigrant detainees
By Richard Kistnen, Esq. – The news of automatic government spending cuts to take effect at the end of the week has garnered much media attention. Legislators, in recent days, from both sides of the aisle, have waged an intense media campaign to try and sway public opinion on this issue. The Obama administration has made a major play that is receiving significant criticism. It has been reported that federal immigration officials began last week to release hundreds of illegal detainees from immigration detention centers around the country. The move…
Read MoreComprehensive immigration reform builds steam from tech industry
By Richard Kistnen, Esq. – With his State of the Union address to the Nation Tuesday night, President Obama laid out his vision for the United States in the coming months. One of the major issues that garnered momentum in the last several months is immigration reform. After the losses suffered predominantly by Republicans in this past election, it appears that the time is ripe for comprehensive immigration reform. No one is better in advancing that discussion than those in the big business of technology – and they are making…
Read MoreUPDATE: Deferred Action for Childhood Arrivals (“DACA”)
By Richard Kistnen, Esq. This is an update on the Deferred Action for Childhood Arrivals (“DACA”) program. As the forms are set to expire at the end of February 2013, and there is no indication whether the program will be extended, it is timely for those who are interested in filing for DACA to do so immediately. In the five months that the DACA program has existed (August 15, 2012 – December 13, 2012), there have been 367,903 applications submitted. Of those, 355,889 have been approved. Cases which were audited…
Read MoreThe Bankruptcy Estate and the New Year
By Richard Kistnen, Esq. As the end of 2012 approaches, many people hoping to obtain a fresh start in the New Year are looking to file for bankruptcy in the coming days and weeks. While in the normal course of filing for bankruptcy there are many pitfalls that have to be cautiously navigated, those filing have to be exceptionally careful now. This article examines three items – the tax refund, holiday credit cards, and cash gifts – that may cause difficulties in obtaining a discharge in bankruptcy. TAX REFUNDS –…
Read More