I was at lunch the other day when I saw a friend across the room.  I went and said hello.  We got to talking, and she mentioned that she was down on her luck.  She had decided to file for bankruptcy.  She had consulted another lawyer in town, and she wanted to know what I thought about that lawyer.  

“How do you go from where you are to where you want to be? I think you have to have an enthusiasm for life. You have to have a dream, a goal, and you have to be willing to work for it.”  ~Jim Valvano

Social Security Disability:

This program is financed with Social Security taxes paid by workers, employers, and self-employed persons.

The worker will get Medicare coverage automatically after receiving disability benefits for two years.

·         To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes.

·         Disability benefits are payable to:

o   blind or disabled workers

o   their children

o   widow(er)s

o   adults disabled since childhood

·         The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income ( SSI ):

This program is financed through general revenues from taxes, meaning benefits are not based on your prior work history.

In most states, beneficiaries will automatically be eligible for Medicaid.

SSI benefits are payable to:

• individuals age 65 or older
• adults who are disabled or blind
• children who are disabled or blind

Eligibility requirements:

• have limited income and resourcesmeet the living arrangement requirements
• a U.S. citizen or national, or in one of certain categories of aliens.

The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the state.

Click the link below to see my "VERY GOOD" AVVO rating:

http://www.avvo.com/attorneys/98466-wa-peter-kesling-29688.html

What is the Avvo Rating?

The Avvo Rating is Avvo.com's effort to evaluate a professional's background. The rating is calculated using a mathematical model that considers the information shown in a professional's profile, including a professional's years in practice, disciplinary history, professional achievements and industry recognition — all factors that, in Avvo.com's opinion, are relevant to assessing a professional's qualifications. 

"I don't need a lawyer if I am a victim of an injury."

"Every failure brings with it the seed of an equivalent success." ~N Hill. Cheers to those who get up and try today!  

Sad that any public forum would be censored and disturbed that twitter will succumb to the idiots who suppress speech.  Twitter should not censor the speech of it's customers.  It should remain an OPEN forum.  There plenty of opinions that I do not like, but those opinions should not be stifled.  

We at the Kesling Law Firm wish all of our clients and friends a prosperous 2012. May you all have a prosperous year full of happiness and love! 

It is hard to imagine, and easy to not want to even think about, the atrocities perpetrated by Jerry Sandusky.  The headlines turn our stomachs.  The details of the story are disgusting.  Many of us have strong opinions regarding what should happen to Jerry Sandusky.  There is no questioning that Sandusky is the villain of this story.  However, those poor children were also abused by others’ failure to report.

If this had occurred in Washington State, the officials of that school could face criminal charges for failing to report child abuse to the police.  In Washington, RCW 26.44 imposes on all “professional school personnel” a duty to report child abuse:

"When any … professional school personnel … has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency."

RCW 26.44.030

Public opinion studies on the legal profession support this view. A 2006 Harris poll found that only 18 per cent of Americans trust lawyers completely.  However, it seems other surveys reveal that people have the highest regard for lawyers they’ve actually retained.  Indeed, a 2002 American Bar Association survey of 300 households found that 76 per of consumers who have hired a lawyer in the past five years were either very satisfied (58 per cent) or somewhat satisfied (18 per cent) with the lawyer.

I guess this supports the old adage “Nobody likes a lawyer until they need one.”  

Why is there such a wide disconnect between the negative public perception of lawyers and the positive consumer satisfaction with lawyers?

We’ve all heard the lawyer jokes … “what do you call 100 lawyers at the bottom of the sea? … A good start!; What’s the difference between a dead dog in the road and a dead lawyer in the road? … There are skid marks leading to the dead dog!”

This is not a new phenomenon.  Shakespeare even had bad things to say about lawyers.  However, historians will tell you that as long as there have been lawyers, there have been resentments towards them.

I can tell you that it is apparent that the public’s opinion about lawyers is declining even more.  It is often a person who discovers what I do for a living will still bring up the OJ Simpson trial (even if you can call that circus a “trial”), or ask me to justify why two lawyers who got a $300 million settlement in a class action for clients with tobacco-related illness took $45 million in fees and costs while the individual plaintiffs in that lawsuit saw none of the money. 

Then we have the McDonald’s Hot Coffee.  People always drag bring this one up.  Seinfeld mocked it. Letterman repeatedly hammered it.  All these years later, everyone still knows the McDonald’s coffee case. It has been routinely cited as an example of how citizens have been taken advantage of by lawyers.  [If anyone wants to know the REAL story behind that case and why it is not the poster-child for lawyer-hating, I suggest http://www.hotcoffeethemovie.com/Default.asp ]. 

The fact of the matter is that the News of the day, or at least what we are fed by the media, typically revolves around horror, fear, indignation, sensationalism and conflict.  The public’s eye is turned to the worst of most of the world, and lawyers are not immune to that. 

The polls referenced above, however, show something that I find intriguing.  The public as a whole carry a sense of disdain for my profession, yet those of you who have hired a lawyer feel differently.  I will be the first to tell you that there are dirt-bags in my business, lawyers who have no intention of doing what is in their clients best interest.  Most lawyers I know are true professionals.  They are people to put their clients interest before their own.  They advocate hard for their client, and they honor my profession. 

Most of us have no problem with the jokes and the teasing.  I have been known to tell a lawyer joke or two.  However, when it comes to how you really feel, consider these polls.  You will like us when you need us!

What should you do if you get hit by a driver who is uninsured?

Periodically, a prospective client comes to my office to discuss the injuries he or she sustained in an automobile collision when the other driver does not have an insurance policy that can pay. The question is then asked: "what do I do now?"

First, the client needs to determine whether she has a coverage option on her own insurance policy that is known as uninsured motorist or under insured motorist coverage. In my business, we call this UM or UIM respectively. UM/UIM is a policy coverage item, for which you would pay a slightly higher premium, and it is specifically set-up to cover the injuries and medical treatment that arise from a collision with a person who did not have insurance.

If the client has that policy coverage, then he or she will typically retain our office to help negotiate with his or her own insurance company. The policy coverage essentially sets up the insurance company to take the position of the other driver. Insurance companies will pay on those policies, but they will fight hard to minimize the amount that they pay.

If you are in this situation, hiring an attorney will be beneficial. Do not assume your insurance company will treat you like a customer under these types of claims. They do not, and your chances of obtaining the amount you deserve increases dramatically when you have a lawyer on your side.

As you may already know from my website, I work for insurance companies in the past. Now, I only represent injured people and consumers. My days of working for the insurance companies, though, allowed me to gain very powerful insight into how they work. That insight is key to me getting what my clients deserve.

What if the bad driver didn’t have insurance and if you don’t have UM/UIM coverage? Your chances of being paid for your injuries and reimbursed for your medical expenses do diminish. However, driving without insurance is a crime in the State of Washington. See RCW 46.29. The Washington State Department of Licensing has forms that you can complete reporting your injuries and damages. As long as you remain unpaid, that person cannot have a valid driver’s license. Go to: http://www.dol.wa.gov/driverslicense/suspenduninsuredaccidents.html  for more information and for the required forms. 

If you rent your home you may be protected under the federal Protecting Tenants Foreclosure Act of 2009.  This federal law requires the new owner of a home that was sold at foreclosure after May 20, 2009, to give you at least 90 days notice before evicting you.  However, tenants must comply with the lease or rental obligations during this time period. If the new home owner does not intend to move into the home but plans to continue to rent it out, then you can stay until your lease ends.  If the new home owner plans on moving into the home then they must give you a 90-day notice. This 90-day notice even applies if you are renting month-to-month.

These same protections also apply if you are a Section 8 tenant, a 90-day notice is required prior to your eviction.  Additionally, the new owner must honor the terms of the HAP contract that established your Section 8 tenancy. 

It is important to be aware of scammers who might contact tenants claiming to be the new owner and demanding rent.  Before paying rent to a new owner you should confirm their status as owner by asking for a copy of the Trustee’s Deed to show proof of ownership.  Additionally, you should contact the County Auditor to make sure that the document is legitimate and not a forgery.

Additionally, in July 2009, a new Washington State law requires lenders to send a homeowner ‘written’ notice before the home is sold at foreclosure.  This notice is essentially a warning that the home might be sold 90 days or more after the date of the notice.  This same law also requires that, if the home is sold at foreclosure, the new home owner must give at least 60 days notice before evicting the previous home owner.

The federal Protecting Tenants at Foreclosure Act can be found at

S. 896, Pub. L. No. 111-22, §§ 701-704

We all know how Wikileaks was in the news for ongoing releases of sensitive US State Department documents.  Recently however, WikiLeaks founder Julian Assange is promising to unleash a cache of secret documents from the hard drive of an executive of Bank of America (BofA).  Mr. Assange told Forbes that the information was significant enough to "take down a bank or two," but that he needed time to lay out the information in a more user-friendly format.

What is it that Mr. Assange likely has on BofA?  BofA is already under the gun, defending itself from multiple lawsuits from private investors as well as Fannie Mae and Freddie Mac demanding that the bank buy back billions worth of toxic mortgages. BofA stopped issuing subprime mortgages in 2001, but it kept underwriting subprime mortgage-backed securities for many years. In September 2009, for example, BofA underwrote $239 million worth of securities backed by subprime loans. BofA has reserved $4.4 billion for these "put back" lawsuits. If Assange has emails showing that top executives at BofA knew they were peddling bad deals to investors, it would rock the firm.

BofA is also on the hook for reckless and illegal foreclosures … BofA is at the heart of the robo-signing scandal and has wrongfully foreclosed on countless American families. There is a terrible case where a woman went to her vacation home to find it locked with all her possessions gone, including the ashes of her late husband.   It turned out that A BofA employee, who was deposed in February 2010, said that she signed as many as 8,000 foreclosure documents a month without reviewing them, in violation of the law. Mounting questions about the fraudulent and illegal foreclosure practices at the big banks and mortgage service companies prompted BofA to temporarily halt foreclosures. If Wikileaks can document that top BofA officials have a callous disregard for legal processes and constitutionally protected property rights, BofA's mounting legal liability may not be sustainable.

On top of all of this, there are the “Taxpayer Paid Bonuses” scandals that were so well covered in the news.  BofA acquired the brokerage firm Merrill Lynch for $50 billion in January 2009. Then, the U.S. government blessed the merger with a $20 billion bailout loan to aid BofA. After the acquisition went through, it was revealed that Merrill Lynch had lost $15.8 billion in the last quarter of 2008 and that $3.6 billion in bonuses were paid ahead of schedule to top executives at Merrill. Among beneficiaries of the bonus bonanza was Merrill's CEO John Thain, who famously spent a million redecorating his office at the height of the crisis. About the deal New York Attorney General Andrew Cuomo said: "One disturbing question that must be answered is whether Merrill Lynch and Bank of America timed the bonuses in such a way as to force taxpayers to pay for them through the deal funding." If Wikileaks has emails showing top executives knowingly used bailout bucks for bonuses, this ugly chapter in history could be reopened, prompting Congressional investigations and further bailout backlash.

Look forward to this as WikiLeaks will likely be in the news again and will be directing its focus on this large bank. 

You all know that today we honor Martin Luther King.  The Late, Great President signed into law this holiday way back in 1983, and it was first observed in 1986. 

We all should know by now for what Dr. King stood.  He has come to symbolize the civil rights movement of the 1950's and '60's.  His leadership and the efforts of hundreds of thousands of people brought about sweeping legislation that helped move America further towards equality among races, religions and creeds. 

In his most famous of speeches, Dr. King led a march on Washington DC and proclaimed "I Have a Dream.” That march, along with outrage over the police brutality in Birmingham, was instrumental in assuring the passage of the Civil Rights Act of 1964, which prohibited discrimination on the basis of race, national origin, religion, and gender in voting, public places, the workplace and schools.

I recently read an article written by the super-wealthy son and current editor of a popular business forecasting periodical. Its subscribers include people in the management huge enterprises and huge banks … the same folks that are responsible for the current horrendous economic condition of our nation. He wrote that defaulting on your mortgage and filing for bankruptcy is an unethical choice, and should only happen if you “lose your job”.  He even went so far as to suggest that paying a bank money is more ethical and important than people being concerned for their “family’s financial security.”

He warns that defaulting in your mortgage will ruin your credit rating and would make it impossible to “rent” your next home. 

Well, isn’t he just the defender of morality and righteousness?  [IRONY]  I am sure the readers of his column adamantly agreed … 3 cheers for corporate greed and taking advantage of the common person!!  [2^nd IRONY].

Is bankruptcy unethical?  No, it is quite the contrary.  Not only is bankruptcy contemplated by the Bible (see Deut. 15:1-2) but also there is a provision concerning bankruptcy in United States of America’s Constitution.  It is interesting to note that huge corporations have used bankruptcy to protect themselves from their own creditors after they defaulted in loans.  These corporations include: General Motors, Kmart, TWA, Macy’s and A. H. Robbins. I have posted previous blogs regarding the famous people who have filed for bankruptcy. 

You should consider bankruptcy in relationship to the hardships it can avoid.  During hard times, bankruptcy may be the only way to provide your family with food, clothing and shelter.  There is no good reason to feel embarrassed about filing bankruptcy if it is the best solution to your financial problems.  Frankly, why should you care what a rich guy who writes articles for rich people has to say about what is ethical and moral when you are making choices that affect the well being of your family?  To throw in my two-cents, your moral compass should direct you to provide for your family’s needs before you provide for a bank’s needs. 

Do you know someone who needs legal help, but cannot afford the services of a lawyer?  This information should help them:

The Tacoma-Pierce County Bar Association offers several opportunities for free legal advice and referrals to volunteer legal resources in Pierce County.  For more detailed information check out their web site here http://www.tacomaprobono.org/index.html. 

This above web site also offers very helpful online information in the areas of Landlord-Tentant and Family Law including articles and slide shows covering common problems and basic laws in those areas.

Landlord-Tenant Help includes several articles and slide shows on the following topics: Repairs, Moving Out & Deposits, Rent & Rental Agreements, and The Eviction Process. http://www.tacomaprobono.org/hjp.html

Family Law Help includes several articles and slide shows on the following topics:  How to Obtain an Order of Child Support, Your Dissolution, Responding to a Petition of Dissolution, Non-Parental (Third-Party) Custody of a Child, How to Get Temporary Orders in your Dissolution Case, How to Finalize an Uncontested Divorce, What you Need to Know about Community Property for your Dissolution Case, What you need to know about SERVICE, Domestic Violence & How to Get a Protection Order, Parenting Plans & Why You need one and how to get one, Modifying your Parenting Plan, Establishing Paternity, How to Prepare for and Participate in a Domestic Trial, Filing a Motion for Change of Venue, and Filing a Motion for Contempt in Your Family Law Case. http://www.tacomaprobono.org/CFLIP.html

The Volunteer Legal Services Program also sponsors several free legal advice clinics which can provide a private appointment with a volunteer attorney when you need advice on civil (non-criminal) legal issues. http://www.tacomaprobono.org/nlc.html .

You should be eligible for low-income legal services to schedule a clinic appointment, or to be referred to a volunteer attorney for representation or any additional services. If you are not sure whether you qualify for low-income services or have other questions about eligibility, you should call Volunteer Legal Services at (253) 572-5134 to ask them about your individual case. Even if you do not qualify for one of their programs, they may be able to connect you with other resources which can help you.

For Pete’s sake, be forthcoming when your attorney asks you for information. 

If you go to the doctor for a health issue, do you tell her only part of the symptoms?  Do you lie to your doctor about what happened to bring you to her office?  I certainly hope not.  How would your doctor be able to treat you if she doesn’t have the full story?

The same logic applies to when you seek the advice of your lawyer.  We need the information.  Without the information, we cannot fully advise you.  We know that some of the information you give us may be embarrassing to you.  We understand that the facts you are giving us usually has to do with something very personal to you. 

You should know, though, that when you have an attorney that has been in this business for any appreciable amount of time, he has probably heard a story similar to yours before.  More importantly, you should also know that you can have confidence in the fact that your attorney cannot reveal information about you to anyone without your permission. 

Attorneys all have to play by the same rules.  Our profession has a set of rules governing our ethical obligations to our clients.  They are called the Rules of Professional Conduct (“RPC”).  In fact, RPC 1.6 states quite clearly: “Rule 1.6. CONFIDENTIALITY OF INFORMATION: (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, [or] the disclosure is impliedly authorized in order to carry out the representation …”

There are, of course, limitations to this.  For example, if you go to your attorney and tell him you intend to kill your neighbor, your lawyer has to inform the police if he has a reasonable belief you will follow-through.  However, usually you are going to an attorney about something that has happened and not for something you intend to do. 

This “attorney-client” confidential relationship is the hallmark of the client-lawyer relationship. This rule is intended to encourage you to communicate fully and frankly with your lawyer, even if the information is embarrassing or legally damaging. We as lawyers need the information to represent our client effectively and, if necessary, to advise our clients to refrain from wrongful conduct. Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct.

So, please, when you go to your lawyer, make sure you give him or her the full story. 

Come to The Kesling Law Firm and see our MAGNIFICENT Christmas tree and we’ll give a FREE PIECE OF CANDY! [ok, the tree is only about 4 feet tall, and we always hand out candy to our friends and clients, but we really would love to see you].

Warm Wishes, The Kesling Law Firm

[This blog is written with the permission of the client to which it refers.  The name of the client has been changed to protect his privacy.]

Before leaving the office on Wednesday to start the Thanksgiving weekend, I was able to deliver some news to a client for which he was truly thankful. 

Jim was the son of a career military man.  His father flew for the Air Force and later worked for military intelligence.  Jim was raised to believe in his ability to succeed in life through hard and honest work.  He chose not to go to college.  Instead, he went straight into the work force and earned a living working for telephone companies.  He worked hard with his hands for years, and he succeeded.  He was promoted over the years to eventually become a manager.  He and his crew installed many lines and telephone boxes in our area. 

One day about 8 years ago, he was 45 years-old and was out in the field carrying a metal phone box for an installation when he slipped on some wet pavement.  It seemed such a slight event to witnesses, but Jim felt immediate and excruciating pain in his back. 

After several tests and imaging studies, it was determined that Jim had herniated and ruptured several discs in his lumbar spine.  Hardware was installed by surgeons.  Jim applied for and received workers compensation benefits.  He was given a cash settlement from the workers compensation claim, which was not a lot but would help him.

However, after the surgeries, his back never really got better.  He tried without success to return to his work as a phone technician/manager.  He tried other more sedentary jobs, but the pain in his back continued.  He could not sit for very long.  He could not stand for very long.  He couldn’t do many things the rest of us may take for granted without experiencing intense pain (e.g., bending, twisting, and leaning). 

The years went by and it only got worse.  It got so bad, that Jim just could not work at all.  He was now only 53 years-old, a young man in our culture.  His pain was pervasive.  He was on prescribed medicines that affected his concentration and made him tired all the time.  His pain changed him, and led to depression.  Jim’s pride was hurt because he felt he was less of a man.  He lost his marriage.  He had no income.  The cash settlement from the workers compensation claim was long gone, spent on life’s necessities.  He was homeless, without work and seemingly without options. 

On the advice of a friend, he applied for Social Security Disability benefits.  He was denied.  The administration hired a doctor to review his medical records.  The doctor opined that Jim could work in a sit down job. 

Jim came to The Kesling Law Firm and asked us to help. We did.  We filed the papers necessary for an appeal of the denial.  We collected all the necessary medical evidence, and we took Jim’s case to a dispositive hearing in front of a Judge.  Expert witnesses were called and cross-examined, arguments were made, and the judge took the matter under advisement. 

On Wednesday, our firm was able to call Jim to give him some good news … finally some good news in his life.  The Judge’s decision came in the mail.  The Judged ruled in Jim’s favor.  Jim was finally determined to be entitled to receive disability benefits. 

Times have been hard for Jim.  The disability benefits that he will receive will not make him rich by any stretch of the imagination, but they will help him to live his life, to regain some pride, to become independent again. 

If you have a story like Jim’s, or if you know someone who does, please contact our firm.  We can help. 

If you are considering filing bankruptcy, it may be your pride is hurt, and you may be feeling alone and defeated. Do not consider yourself a financial failure.  You are not the only one who has faced this dilemma. Many famous Americans have taken advantage of personal bankruptcy protection.

Famous People who Filed Bankruptcy:

As the following list of famous people confirms, anyone can find themselves unable to pay their bills.  A high income does not prevent you from financial problems.  This list proves that financial troubles are not limited by socio-economic status.  People with all levels of income can overcome their financial problems by filing bankruptcy.  Most of these celebrities not only recovered financially, but many went on to earn great wealth after filing bankruptcy.

• Phineas Taylor (P.T.) Barnum - Founder of Barnum Circus (who later merged his circus with James Bailey to form Barnum & Bailey Circus)
• Kim Basinger - Actress
• L. Frank Baum - Wizard of Oz author
• King Edward II - 14th century English King
• Lorraine Bracco - Actress (Dr. Melfi - Sopranos) 
• Mathew Brady - Distinguished Civil War photographer
• Toni Braxton - Singer
• George Clinton - Singer ("Atomic Dog")
• Samuel L. Clemens ("Mark Twain") - Author
• Natalie Cole - Singer
• Gary Coleman - Actor (Arnold - Different Strokes)
• John Connally - Former Texas Governor
• Francis Ford Coppola - Film Director/Producer
• Cathy Lee Crosby - Actress
• Vic Damone - Singer
• Dorothy Dandrdge - Actress
• Dino De Laurentis - Film Producer
• Walt Disney - Film Producer & Theme Park Pioneer
• Eddie Fisher - Actor
• Mick Fleetwood - Singer (Fleetwood Mac)
• Heidi Fleiss - Clothing Line Founder & Famous Hollywood Madam
• Henry Ford - First two automobile companies failed 
• William Fox - Co-founder of 20th Century Fox Film Corporation
• Marvin Gaye - Singer
• Andy Gibb - Singer
• Charles Goodyear - Founder of Goodyear Tire Co.
• Ulysses S. Grant - 18th U.S. President & Civil War General
• Bob Guccione - Publisher/Founder of Penthouse Magazine
• Merle Haggard - Bakersfield, California raised County & Western Singer 
• Corey Haim - Actor (Star of The Lost Boys (1987))
• Dorothy Hamill - Olympic Ice Skater
• M.C. Hammer - Singer/Rapper ("Can't Touch This")
• Richard Harris - Actor/Producer/Director
• Isaac Hayes - Songwriter/Musician/Singer
• Henry John Heinz - Famous Condiment Manufacturer
• Sherman Hemsley - Actor (George Jefferson from The Jeffersons)
• Milton Snavely Hershey - Founder of Hershey's Foods Corp.
• Ron Isley - Singer
• Jermaine Jackson - Singer (Michael Jackson's brother) 
• Joe & Katherine Jackson - Parents of the Michael Jackson
• La Toya Jackson - Singer (Michael Jackson's sister)
• Randy Jackson - Singer (Michael Jackson's brother)
• Tito Jackson - Singer (Michael Jackson's brother)
• Thomas Jefferson - American Founding Father and President
• Don Johnson - Actor/Producer
• Kacey Jones - Singer
• Chaka Kahn - 80's R & B Singer
• Larry King - Talk-show Host/Author
• Bowie Kuhn - Former Major League Baseball Commissioner
• Lorenzo Lamas - Actor
• Cyndi Lauper - 80's Singer
• Stan Lee - Co-creator of Spider Man, The Incredible Hulk, The X-Men, etc.
• Jerry Lewis - Actor
• Jerry Lee Lewis - Singer
• Meat Loaf - Singer
• Jorge & Joanne Lopes - Winners of the $110.3 million 2002 Big Game Multi-state Lotto jackpot. 
• Wolfgang Amadeus Mozart - Famous Musical Composer
• Willie Nelson - Country & Western Singer/Songwriter
• Wayne Newton - Famous Singer/Actor who regularly performs in Las Vegas 
• Immanuel Nobel - Father of Alfred Nobel (who founded Nobel prizes)
• Johnny Paycheck - Country & Western Singer
• Tom Petty - Singer
• Susan Powter - Exercise/Fitness Expert
• Burt Reynolds - Actor/Director
• Debbie Reynolds - Actress/Singer
• Rembrandt Heremenszoon Van Rijn - Famous Dutch painter
• Juan Rodriguez - $149 million New York Mega Millions Lotto jackpot winner (He filed shortly before winning). 
• Mickey Rooney - Actor
• Harry Saltzman - Film Producer (James Bond movies)
• Shenandoah - Country Music Band 
• Anna Nicole Smith - Model/Actress
• James & Lynne Spears - Britney Spear's parents
• William G. Stern - British property mogul
• J. Fife Symington - Governor of Arizona
• Donald Trump's Trump Hotels and Casino Resorts Inc.
• Mike Tyson - Boxer
• Johnny Unitas - Hall of Fame Quarterback
• Oscar Wilde - Acclaimed Author and Poet
• Tammy Wynette - Singer

Recently, the Associated Press reported that the foreclosure crisis intensified across most of the United States this summer.  More interesting, the Seattle-Tacoma-Bellevue area had the largest annual increase in foreclosure activity in the nation, with a staggering increase of 71%.  One in every 129 households in our region received a foreclosure filing.

Clearly, the nation’s foreclosure crisis is worsening because homeowners are facing high unemployment, slow job growth, and declines in home values.  People are simply falling behind on their mortgage payments.

Meanwhile, the Tacoma News Tribune reported that Pierce County bankruptcy filings through the first nine months of the year rose nearly 18 percent from the same period in 2009, according to data compiled by the U.S. Bankruptcy Court for the Western District of Washington.

Bankruptcy can be a means with which you can save your home from foreclosure.  If you have been served with a notice of default and/or a notice of trustee’s sale, you should contact the holder of your mortgage and inquire about their loan modification programs and/or home retention programs.  However, you may also want to consider contacting a bankruptcy attorney. 

Here is a news flash for you: our economy is in the tank, and thousands of people have lost their jobs.  Even for those of us who have not lost our jobs, we are feeling the impact of this economic crisis.  The dollar does not stretch as far as it did.  Our property values have plummeted.  Employers are taking away benefits we used to enjoy.  This not only presents an enormous challenge for our nation but also, and more importantly, it is affecting you and me in our everyday lives.

Many people have found themselves in a tremendous amount of debt, and their income has decreased to the point where they are having a hard time just getting by.  Many people are asking themselves, "how am I going to survive this debt?"  In some cases, filing for bankruptcy may be your best choice.  Here are 10 things to consider when deciding whether you should file bankruptcy:

1.  The bankruptcy may be the easiest and fastest way to deal with all types of debt problems.  Bankruptcy is a process under Federal law that is designed to help people and businesses get protection from their creditors.  Bankruptcy can be the best choice if you have no better option to deal with your debts. 

2.  Most bankruptcy cases are complicated, and you should consider hiring an attorney.

3.  Bankruptcy will temporarily stop almost all creditors from making any efforts to collect from you and will stop most legal proceedings including foreclosures and lawsuits.  The creditors can only pursue their rights through the Bankruptcy court.

4.  Bankruptcy can permanently wipe out your legal obligation to pay back many of your debts.  Keep in mind, though, that not all debts can be discharged.  Some debts, such as most student loans, real estate loans, child support, and debts secured with property that you intend to keep cannot be discharged.

5. When bankruptcy cannot wipe out a debt, chapter 13 bankruptcy reorganization gives you an opportunity to catch up on the debt.  For example, if you were behind on a home mortgage or a car loan, bankruptcy will not usually allow you to cancel the mortgage or the lien and still keep the property without repayment.  If you need to deal with a debt of that type in the bankruptcy process, you may consider a chapter 13 repayment plan.

6.  In most cases, you will not lose your personal property by filing for bankruptcy.  Most of your property is likely to be protected from sale in the bankruptcy process by bankruptcy exemptions.  However, if you do have certain types of very valuable personal property, bankruptcy law may not allow you to keep it unless you pay its value to your creditors over a number of years in a Chapter 13 plan.

7. If you file for bankruptcy, you usually will not need to go to court.  You will have to attend one meeting with the bankruptcy trustee, but no judge will be present.  Creditors are invited to that meeting but rarely attend.  You only have to attend a bankruptcy proceeding if something out of the ordinary occurs.

8.  Bankruptcy will usually not make your credit report any worse than it is already.  Most people who file bankruptcy are already behind on their bills and already have had problems with their credit reports.  It is unlikely that a bankruptcy will make it any worse.  In fact, some creditors may actually be more willing to lend money following a bankruptcy since most of the problem debts will be eliminated.  However, the fact that a person did file bankruptcy will remain on your credit report for up to 10 years.

9.  Be careful to avoid bankruptcy related scams.  There are many people and companies that advertise bankruptcy-related services in order to take advantage of vulnerable, financially distressed consumers.  Some people advertised that they can help with foreclosures when all they really do is put people into bankruptcy without providing any advice on how this will help and do not assist in getting through the process.  Many other businesses charge large fees for doing very little. 

10. Try other options before filing bankruptcy, but don't wait too long.  Sometimes it is said that bankruptcy should be considered a "last resort."  I think this is oversimplifying the issue.  In fact, in some cases, delaying in filing the bankruptcy can result in the consumer losing certain rights.

The right to file bankruptcy is an important tool that is provided for people with debt problems.  In the short term, bankruptcy prevents continued efforts by creditors to collect debts and, in the long-term, bankruptcy can completely eliminate repayment obligations so that you can get a fresh financial start.

The Kesling Law Firm can assist you with most of your bankruptcy needs.  Should you need to discuss the possibilities, please contact us at your convenience.  All information is strictly kept confidential. 

Washington’s workers’ comp insurance is there when you and your family need it if you’re injured on the job. Our current system is highly-rated by independent assessments because it is non-profit and required by law to operate with minimal costs. But the insurance industry is trying to pass I-1082 in order to change all that.

They wrote this initiative themselves in order to set up a system where they can wrongly delay and deny legitimate claims and set their own rates. Under this initiative, insurance giants like AIG, the world’s largest workers’ comp insurer, will unfairly reap excessive profits while taxpayers, businesses, and injured workers pay. In fact, the independent state fiscal note says that 1082 will cost taxpayers $250 million just in the first five years, and the proponents themselves acknowledge that small businesses will face $315 million in increased taxes starting this year! All the while, hidden provisions gut consumer protections that exist in other lines of insurance sold in Washington. Insurance Commissioner Mike Kreidler confirms that no other state has 1082’s lack of accountability and oversight.

Read the fine print before you buy this insurance industry sales pitch: it’s for the insurance industry, not for you.

As you may know, the current Workers' Comp system in Washington State is faced with potential changes with the upcoming election and Initiative 1082.

  Do you know someone who is unable to work due to a physical or psychological disability?  We can help.

  Social Security Disability Insurance (hereinafter, "SSDI") and Supplemental Security Income (hereinafter, "SSI") are Federal assistance programs that provide financial support to people who cannot work because of disabilities. To qualify for benefits, you must meet specific medical criteria outlined by the Social Security Administration (hereinafter, "SSA"). SSDI offers benefits to disabled people who are “insured,” which means that through your wages you have paid Social Security taxes and possess enough work credits. SSI, however, pays benefits to disabled individuals and their families on the basis of financial need.

  After receiving your application for benefits, the SSA must decide whether you meet its “definition of disability.” The SSA will gather medical records about your condition and, if necessary, seek other information about your employment history. Usually, applications are denied because of insufficient medical evidence, not enough work credits for SSDI, or financial ineligibility for SSI.

  Unfortunately, the the application process is complicated and can be extremely confusing. Most disability claims are denied at the initial level and even more are denied at Reconsideration. After being denied for the first time, many people become discouraged and give up. But, statistics show that people who seek the assistance of a disability attorney greatly improve their chances of approval. Qualified disability attorneys tend to be more successful than people who apply on their own and, in some cases, can even expedite the process. Further, disability attorneys collect a fee only if you are awarded benefits.

  Whether you are applying for the first time or wish to appeal a previous decision, you should call Peter Kesling's office right away at (253)564-4987, or send an e-mail to info@keslinglaw.com.