RESOURCES

Below are resources available to the public on a given number of legal issues. If you have an issue that is not listed here, email us with your question.

JUVENILE/MINOR CHILDREN

Bullying

What should you or your parent(s) do if you become a victim of bullying?

If the child experiences bullying at school, they should immediately report it to a teacher, counselor, or school administrator. They should also tell their parents about the bullying.
If a parent discovers or suspects their child is being bullied, the parents should contact the principal or assistant principal and request that it be fully investigated.
If the parents are not satisfied with the school administrator’s course of action, parents may submit a written complaint to the District Superintendent’s office for further review.
If parents are still not satisfied with the district’s course of action, parents may contact the State Department of Education’s Ombudsmen’s office.[6]

Resources: https://www.stopbullying.gov/
https://www.pacer.org/bullying/
Ky. Dept. of Education - https://education.ky.gov/school/sdfs/Pages/Bullying.aspx
Bullying and Substance Abuse - https://www.amethystrecovery.org/bullying-and-substanceabuse/

Individual Learning Plans - https://education.ky.gov/Pages/default.aspx

No Pass No Drive - https://education.ky.gov/Pages/default.aspx

Dependency, Abuse and Neglect - https://kycourts.gov/resources/publicationsresources/Publications/KidsinCourt.pdf

Teen Court - https://kycourts.gov/resources/publicationsresources/Publications/P30TeenCourtBrochure811.pdf

BANKRUPTCY

Chapter 7 - United States Bankruptcy laws are designed to provide relief to individuals and businesses that are experiencing extreme financial difficulties. Information on Chapters 12 and 13 of the Bankruptcy Code is also available.

Chapter 7 refers to straight or liquidated bankruptcy. Under Chapter 7, a debtor (or husband and wife debtors) files a petition for relief, which automatically entitles the debtor to a court order protecting the debtor from the people or businesses to whom he owes money, who are called "creditors." With the petition the debtor must list all property and all debts. Once the petition is filed, a trustee is appointed to supervise the bankruptcy, and the debtor can no longer control his property until the case is closed or the property is released by the court. The trustee has the right to ask any questions about the debtor's property and debts. The trustee can sell, mortgage, rent or dispose of the debtor's property. The debtor may be able to keep some of his property.

The debtor must come to a meeting where the trustee and creditors can ask questions of the debtor. Most bankruptcy cases can be finished within three months or so, but some can last for years if the debtor has a great deal of property.

At the end of a case the debtor will ordinarily receive a discharge order. This order formally discharges or erases many debts, except certain types of debts such as alimony, support, recent taxes, student loans or debts obtained by fraud and some others. If a debt is discharged, the debtor will not be required to pay it, although it can be repaid voluntarily. A discharge does not ordinarily affect mortgages on real estate or car loans and some other liens. Often court judgments and certain other liens can be erased.

Filing for bankruptcy relief damages credit ratings; it can be reported by credit bureaus for ten years. Although credit may be difficult to obtain after bankruptcy, there is no law prohibiting a person who files bankruptcy from obtaining credit.
While individuals may represent themselves, bankruptcy can be complicated. There are exceptions to much of what is set forth here. Anyone considering bankruptcy is urged to consult a lawyer.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you should contact a John Rowe member.

Chapter 13 – United States Bankruptcy laws are designed to provide relief to individuals and businesses that are experiencing extreme financial difficulties. Information on Chapters 7 and 12 of the Bankruptcy Code is also available.

Chapter 13 is commonly referred to as the wage earner plan. If a debtor (or husband and wife debtors) has any sort of income, from any source, he can file a petition for relief under Chapter 13 and repay his creditors, in part or in full, through a Chapter 13 trustee. Within 2 weeks of filing bankruptcy, the debtor must file a plan for repaying all or a part of his debt to creditors. The creditors can accept or reject the plan, but the final decision as to approval of the plan is up to the Bankruptcy judge.

Within a month of filing bankruptcy, the debtor must make monthly payments to his Chapter 13 trustee. Once a plan of repayment is approved by the judge, the trustee pays this money to the creditors according to the repayment plan. These payments to the trustee normally continue for three to five years. A Chapter 13 filing may allow the debtor to stop foreclosure by bringing all past due payments and penalties current by making payments to the trustee according to the Chapter 13 plan. Most mortgage payments must then continue to the mortgage company or bank.

If the debtor follows the repayment plan by making all payments called for by the Plan, the debtor receives a discharge order by which the bankruptcy judge formally forgives or discharges the debtor of all debts that can be discharged. Debts which may not be discharged are alimony, support, recent taxes, student loans or debts obtained by fraud and some others. A discharge does not ordinarily affect mortgages, car loans or most other liens.

Filing for bankruptcy relief damages credit ratings; it can be reported by credit bureaus for ten years. Although credit may be difficult to obtain after bankruptcy, there is no law prohibiting a person who files bankruptcy from obtaining credit. Some creditors are more likely to give credit to those individuals who file under Chapter 13 than Chapter 7. While individuals can represent themselves, bankruptcy can be complicated. There are exceptions to much of what is set forth here. Anyone considering bankruptcy is urged to consult and employ a lawyer.

CIVIL RIGHTS

Lexington Human Rights Commission - http://lfuchrc.org/

Kentucky Human Rights Commission - https://kchr.ky.gov/Pages/default.aspx

Voting Rights - https://elect.ky.gov/Voters/Pages/Voter-Rights.aspx

CRIMINAL LAW

Expungement – AOC Forms 496.2 – 497.2

Expungement Certification Process - https://kycourts.gov/Expungement/Pages/process.aspx
https://kycourts.gov/resources/legalforms/Pages/legalformlibrary.aspx
Handbook for Drug Court Participants - https://kycourts.gov/resources/publicationsresources/Publications/P133_DrugCourtParticipantHandbook.pdf

Know Your Rights Upon Arrest

Once you have been arrested, you have the right to remain silent. That means you do not have to answer any questions or make any statements to the police or to anyone. Although you may wish to make a statement at a later time, do not make this decision without talking to a lawyer.

Things you say as well as things you write may be used as evidence against you.

As soon as possible after your arrest, tell the police that you want to talk to a lawyer. You have the right to contact a lawyer. If you cannot afford to hire a lawyer, one will be appointed to represent you by the court.

The lawyer will need to know where you are being held, what you have been charged with, and the names and telephone numbers of family and /or friends who are close by and are willing to help you. Have this information ready when you call.

In all but a few cases, you are entitled to be released upon posting bail or a bond, which may be a surety bond or a personal recognizance bond. A surety bond is a sum of money or property pledged to assure that the defendant shows up for trial. If the defendant fails to appear in court, the bail set by the district court judge, can be forfeited to the government. A recognizance bond is a written promise by the defendant to show up for trial. If the defendant fails to appear, the district court may require the defendant to pay a stated amount of money to the court in addition to being tried for the offense at a later date. When you will go before the judge following arrest will depend on when you are arrested and whether you are charged with violation of a state or federal law. A lawyer can be helpful in getting appropriate bail set.

HOUSING/LANDLORD-TENANT

Kentucky Landlord Tenant Guide -- http://tenant.net/Other_Areas/Kentucky/ltguide.html

Adult and Tenant Services -- https://www.lexingtonky.gov/departments/adult-tenant-services

Resources:

Forcible Detainer AOC Forms 215 - 237 https://kycourts.gov/resources/legalforms/Pages/legalformlibrary.aspx

ESTATE PLANNING

Probate is the process of settling and administering estates, guardianships, curatorships and name changes. Although trusts are also administered through Probate Court, most are complicated and beyond the scope of this brochure.

Resources:
Guide to Basic Probate Procedures - https://kycourts.gov/resources/publicationsresources/Publications/P88ProbateGuideforProSeLitigants609.pdf

Wills, Guardianship, Power of Attorney, Living Wills, Name Change – Information Coming Soon.

REAL ESTATE

Homestead Exemption

In Kentucky, homeowners who are least 65 years of age or who have been classified as totally disabled and meet other requirements are eligible to receive a homestead exemption. This exemption is applied against the assessed value of their home and their property tax liability is computed on the assessment remaining after deducting the exemption amount.

Application Based on Age
An application to receive the homestead exemption is filed with the property valuation administrator of the county in which the property is located. If the application is based upon the age of the homeowner, the property owner can provide proof of their age by presenting a birth certificate, driver’s license, passport or other approved documentation.

Application Based on Disability
If the application is based on the disability of the homeowner, then the homeowner must have been classified as totally disabled under a program authorized or administered by an agency of the United States government or any retirement system located within or outside of Kentucky.

The homeowner must have been receiving payments pursuant to his or her disability for the entire assessment period.

The homeowner must apply annually to continue to receive the exemption based upon a total disability, unless:

They are a veteran of the United States Armed Forces and have a service connected disability;
They have been determined to be totally and permanently disabled under the rules of the Social Security Administration; or
They have been determined to be totally and permanently disabled under the rules of the Kentucky Retirement Systems.

The value of the homestead exemption for the 2019-2020 assessment years is $39,300. This amount is deducted from the assessed value of the applicant's home and property taxes are computed based upon the remaining assessment. For example, if the applicant's residence is assessed at a value of $200,000, property taxes would be computed on $160,700 (200,000 – 39,300). The amount of the homestead exemption is recalculated every two years to adjust for inflation. The next adjustment will be effective for the 2021 and 2022 assessment years.

Submitting a Homestead Exemption Application

Complete the Application For Exemption Under The Homestead/Disability Amendment - Form 62A350
Gather any supporting documentation
Contact your local Property Value Administrator. Find My PVA

SMALL CLAIMS

The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. The $2,500 limit does not include interest and court costs. The jurisdiction for the Small Claims Division is found in KRS 24A.230. The procedures are informal. You may file a claim or defend yourself without an attorney or you may employ an attorney to handle your case if you wish. In the Small Claims Division, the parties involved in the dispute go to court and tell their sides of the story to the judge. The judge makes a decision based upon the law governing the facts presented. There is no jury in the Small Claims Division.

Resources:

Small Claims Handbook - https://kycourts.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

JOHN ROWE CHAPTER

LEXINGTON, KY

RESOURCES

What should you or your parent(s) do if you become a victim of bullying?

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