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Inside This Issue > Published Quarterly by the Johnson County Bar Association Volume 28 • Number 3 • Fall 2013 Barthe Inside this Issue > Another Round of Liquor Laws - p. 6 When Life Intervenes in a Chapter 13 - p. 10 Obesity in the Courts - p. 12 Identity Th eft with IRS Taxpayer Targets - p. 14 Unlawful Presence - p. 16 :H 6WDQG &RQILGHQW ³7R KDYH D ORFDO LQVXUDQFH FRPSDQ\ WDLORUHG WR PHHW WKH QHHGV RI DWWRUQH\V KDV EHHQ LQYDOXDEOH WR P\ EXVLQHVV EHFDXVH WKH\ XQGHUVWDQG P\ SULRULWLHV DQG P\ GXW\ WR P\ FOLHQWV´ 0LNH 0F.LWULFN 'DQQD 0F.LWULFN ,QVXUHG 6LQFH :KHQ HYDOXDWLQJ PDOSUDFWLFH FRYHUDJH NHHS WKLV LQ PLQG %HLQJ VXHG IRU OHJDO PDOSUDFWLFH FDQ UHVXOW LQ D VLJQLIVLJQLILLFDQWFDQW GHGHFUFUHDVH LQ \RXU ILUP¶V DQQXDO UHYHQXH 7KH DYHUDJH FRVW RI D PDOSUDFWLFH FODLP HVFDODWHV HYHU\ \HDU ZLWK WKH DYHUDJH FRVW RI D FODLP FORVHG ZLWK SD\PHQW RYHU WKH ODVW GHFDGH EHLQJ DERXW 7KLV GRHV QRW LQFOXGH ORVW ELOODEOH KRXUV ,I \RX SUDFWLFH ZLWK RWKHU DWWRUQH\V \RX PD\ EH H[SRVHG WR \RXU SDUWQHUV¶ ULVNV DV ZHOO <RX QHHG FRYHUDJH IURP DQ LQVXUDQFH FRPSDQ\ ZKR XQGHUVWDQGV \RXU OLQH RI ZRUN )RU PRUH WKDQ \HDUV 7KH %DU 3ODQ KDV SURYLGHG ILQDQFLDO VHFXULW\ WR DWWRUQH\V VWDWHZLGH WKURXJK RXU FRPSUHKHQVLYH SROLF\ FRYHUDJH ORVV SUHYHQ WLRQ SURJUDPV DQG DQ XQGHUVWDQGLQJ RI WKH HWKLFDO REOLJDWLRQV RZHG WR \RXU FOLHQWV :H¶UH KHUH WRGD\« 7RPRUURZ« 7HQ \HDUV IURP QRZ« (YHU\ ODZ\HU VKRXOG KDYH SHDFH RI PLQG ZKHQ LW FRPHV WR EXVLQHVV PDWWHUV 6KRXOG WURXEOH DULVH IHHO FRQILGHQW WKDW RXU ODZ\HUV DUH VWDQGLQJ EHKLQG \RX DQG \RXU ODZ SUDFWLFH SURWHFWLQJ \RXU OLYHOLKRRG 'DQLHO * 7REEHQ 0LFKDHO - 0F.LWULFN 7KRPDV * *OLFN /DXUD *HUGHV /RQJ /DZ\HUV DW 'DQQD'DQQD 0F.LWU.LWULLFFNN 3& :H KHOS ODZ\HUV EXLOG D EHWWHU SUDFWLFH &RQWDFW 7KH %DU 3ODQ E s # ,QVXUDQFH $JHQF\ DW T s 0 T s RS # IN THIS ISSUE the President’s Page...................................4 Editor’s Letter . .5 BarLetter Liquor Laws.......................................6 BarLetter Committee and Johnson County Bar Foundation . 9 Writing Staff Bankruptcy Law ..................................10 Scott Gyllenborg - Editor Employment Law .................................12 Melissa Carpani Linda Coffee Tax Law Update ...................................14 Joe Colantuono Immigration Law . .16 Jeffrey Deines Andrew DeMarea Address Changes . .18 Christopher Gordon Law Library ......................................19 Jay Heidrick Shane J. McCall Bulletin Board . .20 John Pickett New Members ....................................21 Zachary Roberson Classified Ads . 22 - Articles are Welcome - Please send to MEMBERSHIP LUNCHEON SCHEDULE [email protected] All Membership Luncheons begin at 11:45 a.m. and are held on the first the BarLetter, the official publication of Wednesday of each month, except in July and August, at the Ritz Charles, the Johnson County Bar Association, 9000 W. 137th Street, Overland Park, Kansas (137th Street & Antioch) covers legal news and issues of interest to members. unless noted. RSVP is not required. Articles are intended to generate ideas readers can apply to their own practice. the BarLetter is published October 2 quarterly and distributed to approximately 2,000 Speaker: Missy Heidrick attorneys, judges, and legal professionals in John- Director of Business & Development son County and the surrounding county area. Dead- Museum of Prairiefire line for submission of articles and advertising is the 10th day of the following months: February, May, November 6 August, and November. The publication of any Speaker: TBA advertisement or product information is not to be construed as an endorsement of the prod- December 4 uct or service offered unless the ad specifically Speaker: Derek Schmidt states that there is such an endorsement or ap- Kansas Attorney General proval. the BarLetter is a non-partisan publica- tion intended to inform our members, provide January 8 services to our members, and give members an Speaker: Dr. Ron Trewyn opportunity to contribute to the association. State- Vice President for Research ments or expressions of opinions are those of the Kansas State University authors and do not necessarily represent those of the Johnson County Bar Association. Mark your calendars for 2014: February 5 On the Cover March 5 This month’s cover celebrates the enthusiasm of youth for the April 2 fall season and raises awareness for CASA, the volunteer based May 7 not-for-profit agency committed to being the voice of abused and June 4 neglected children in the Johnson County courts. Proceeds from this year’s Johnson County Bar Foundation golf tournament on September 12 will go to CASA. Visit the calendar online at www.jocobar.org for program and speaker information! Cover Photo Credit: ©iStockphoto.com/Janine Hannibal the BarLetter Fall 2013 3 PRESIDENT’S PAGE > By Jay Heidrick, 2013-2014 JCBA President You are the We in Us was clear that our biggest asset – other this, then you have already paid for than Linda – is you. the meal, so you might as well come Our profession suffers from nu- enjoy it. And when you attend, make it merous ills which are also present in a point to sit with someone you don’t Johnson County. We have too many know. Use this opportunity to expand young attorneys opening up a practice your network and possibly form a re- without the necessary experience. We lationship that will only help our pro- have too many disputes that are blown fession. Attend the many great events up and litigated rather than resolved organized by the Foundation. These outside of the Courthouse through at- present great opportunities to meet torneys who should act objectively and new people while also helping a wor- without the emotion that often affects thy cause. The same is true with our a client’s judgment. We are losing the CLE programming. These programs al- personal relationships that help us low our members to learn from the tal- navigate through difficult decisions to ented attorneys who makeup our bar. recently had the privilege to attend find the best result for our clients. And We don’t tout having the most the National Conference of Bar while these problems are not unique to members, but I will put the quality of Presidents in San Francisco. Dur- Johnson County, we do have a unique our members up against any other As- I way to address them, through the op- sociation in the country. In the end, ing the conference, Linda Coffee and I interacted with other bar leaders from portunity to gather and get to know we are who we are, and that’s pretty across the country. There were some one another. darn good. There are many exceptional with yearly budgets exceeding $10 mil- At the Bar President’s confer- people and attorneys who make up our lion. Others had cutting edge online ence, every leader we spoke with Association but we need to know one CLE and others boasted memberships was amazed that hundreds of mem- another. Just like every flood origi- of tens of thousands attorneys. bers attend a monthly luncheon. nates with individual rain drops, our As we went though the conference, They simply could not believe it. I collective strength can grow from our I became more and more impressed don’t know if our membership truly individual talents. with our Association. While some As- realizes how unique this opportu- So get involved. Meet someone. Af- sociations have more members, larger nity is in today’s legal environment. ter all, this is your Association. budgets, and have more activities, they So this year I challenge the member- lack the opportunity to form the per- ship of this Association to get to know sonal relationships that many of our one another. Come to the bar lun- members share with one another. It cheon each month. If you are reading ) / $% ( ( . $ / $% % ($ $ ($ ($# $ % $% +$/ +( $%% (/ %+$ ,$ $ + $% $+( (/ $%% (/ %($+( !$ $%( " +%%% % +(%# ©iStockphoto.com/A-Digit ($ $ ($ ($ +(( $(% +% ( % )#)&#*00 % $ -# Graphic Credit: Credit: Graphic 4 the BarLetter Fall 2013 EDITOR’S LETTER> By Scott Gyllenborg, Gyllenborg & Brown, P.A. Dear Reader, eginning with this issue of the Lori Maher is stepping away from BarLetter, we have a new collab- her responsibilities with producing Boration that I hope will increase the BarLetter, and I thank her for her your interest in our membership pub- many years of expert assistance, as lication. Along with Linda Coffee, our well as her keen editing eye. executive director, and Nichole Hughes The BarLetter remains more than of Boelte-Hall, our printer and publish- a scrapbook of recent social events. I er, I have made changes to the look of am pleased that we have maintained the BarLetter to improve its readabil- a stable of lawyers who keep you ap- ity and its ability to capture and hold prised of pertinent statutes, cases, and your eye. In today’s marketplace, ink rulings in areas of the law as diverse as and paper publications struggle to find bankruptcy, criminal, employment, readers, many of whom want their con- and tax. tent digitized and electronically avail- To lower expenses and keep mem- able. But I see a continuing need for a bership dues as affordable as possible, print edition of the BarLetter that one in the past several years we have gone CHTD\advertising\ADS\ can flip through, make written notes from monthly to quarterly publication Johnson Co Bar\Bar Letter 2.DOC on, tab with sticky notes, and stack in a of the BarLetter. Perhaps the future keep the BarLetter as relevant, appeal- pile for later review. (Not incidentally, of printed membership newsletters ing, and informative as possible. please recycle your copy of the BarLet- will require this publication to adjust ter when you have finished with it.) again. Until it does, however, I want to 2013 Johnson County Bar Foundation CRASH FORENSICS.com Golf Tournament AIR BRAKE FAILURES September 12 CRASH RECONSTRUCTION EDR DOWNLOADS Prairie Highlands Golf Course MECHANICAL FAILURES MAINTENANCE DEFECTS Can you dress worse MOUNTAIN GRADE CRASHES than these guys? TIRE FAILURES TRUCKING COMPLIANCE If you can, come to the TRUCK DRIVING STANDARDS 2013 Johnson County Bar TRUCK UNDERRIDE CRASHES Foundation golf tourna- WHEEL & HUB FAILURES ment on September 12 and prove it.
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