About Doug Mentes, Esq.
Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.
Articles written by Doug Mentes, Esq.
Do Domestic Violence Offenders Lose Their Guns?
Domestic violence offenders generally lose their guns after a domestic violence conviction or protective order. The Lautenberg Amendment establishes a federal ban on gun rights for domestic violence misdemeanor crimes or restraining orders. Some state laws have stronger possession bans and ammunition bans. Firearm prohibition may also be a probation condition. The mandatory surrender process can require gun forfeiture to law enforcement, firearm license dealers, or other third parties. Seizure …
Can You Discharge Student Loan Debts in Bankruptcy?
You cannot discharge student loan debt in bankruptcy unless you can meet the Brunner test showing undue hardship. Student loan debt discharge or partial discharge requires an adversary proceeding with the Department of Justice. Discharge litigation requires an attestation form showing the borrower cannot maintain a minimal living standard and made a good faith effort to repay the federal student loans, with a likely future inability to repay the loans. Bankruptcy court alternatives include …
Can I Claim Child Care Expenses in My Taxes?
The child and dependent care credit reduces the tax burden for working parents who have work-related childcare expenses and daycare center fees. A parent can receive a credit of between 20 to 35 percent of their work-related childcare payments. The maximum amount of the credit for childcare expenses that can be claimed is capped at $3,000 for one child or $6,000 for two or more, but that allows for a credit total amount as high as $600 to $1,050 for one child and twice that for two. When …
Filing an Automotive Breach of Warranty Lawsuit
Warranty law is designed to protect consumers when their vehicle doesn't live up to the promises made by a dealer or manufacturer. Whether you're dealing with persistent repairs, misleading warranty terms, or delays, understanding your rights is the first step. “The biggest challenge we face is educating the public that legal help is out there,” says Scott M. Cohen, a consumer lawyer who represents car owners in car warranty claims. “We can help people in these situations because …
Disputing a Furnisher’s Error in Your Credit Report
Credit reporting agencies (CRAs) like the big three of Experian, Equifax, and Transunion rely on others to Errors on your credit report can damage your credit score and make it harder to obtain a loan or approval from a credit card company. Some errors come from simple mistakes, but more serious problems involve identity theft. If you don't achieve the results you expect when disputing errors with furnishers or CRAs, it may be time to contact an experienced consumer law attorney for legal …
Who Claims the Kids on Their Tax Return Child Care Tax Credit?
There are many income tax benefits for parents of younger children. However, if the parents are unmarried or divorced, they must divide the tax benefits in some way. For tax purposes, under Internal Revenue Service (IRS) rules, the custodial parent typically claims a qualifying child as a dependent on the parent's tax return. However, a non-custodial parent may claim the child if the custodial parent provides a written release using IRS Form 8332. A qualifying child under IRS rules is, …
The End of Alimony Deductions in Utah
A staple of divorce law has been the fact that alimony payers can get relief from their payments by deducting them from their tax return. No more. The passage of the Tax Cuts and Jobs Act (TCJA) in 2017 eliminated that deduction. Beginning in 2019, alimony payers can no longer receive tax benefits and deduct alimony payments from their income. For legal help on family law issues, find an experienced family law attorney in your area. Why the Change? Those who wrote the federal tax law claim the …
Which Creditors Can I Pay Before Filing Bankruptcy?
You can pay creditors for expenses in the ordinary course of daily life, including necessary groceries, rent payments, mortgage payments, utility bills, car loans, and medical bills. Filers have a disclosure requirement for all payments made over the lookback period. Trustee oversight of the bankruptcy estate reviews transfers made before filing for bankruptcy to identify fraudulent transfers, preference payments, and insider transfers. A Section 547 letter carries a clawback risk for recovery …
Oregon Bankruptcy Planning: Paying Debts Before Filing
The goal for many debtors when filing a bankruptcy case is to obtain a discharge of their debts — often, the more debt discharged, the better. Debts are discharged under both Chapter 7 and Chapter 13 bankruptcies. But these are different types of bankruptcy, depending on the two types of debt. Debt is divided into three types under the bankruptcy code: Secured Unsecured Priority This article will explain these types of debt and the role of bankruptcy. For legal advice on your situation, …
Is Chapter 13 Bankruptcy Better Than Chapter 7?
If you’re considering filing bankruptcy, you’ll typically want to file under Chapter 7 since it offers an immediate discharge of all debts (with some exceptions). With a Chapter 13 bankruptcy plan, the debtor will make monthly payments toward their debts over a three to five-year repayment plan before their debts are discharged. For some debtors, there may be no other option than to file under Chapter 13. For others, filing under Chapter 13 might be the better option. To evaluate which …
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