About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 164

Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.

Articles written by Judy Malmon, J.D.

What is Lien Stripping?

The Chapter 13 process might help you save your home from foreclosure in Ohio

It sounds like the latest DIY home improvement project from HGTV, but lien stripping is a little-known strategy for reducing mortgage debt through Chapter 13 bankruptcy. It’s not for everyone, but may suit your particular situation. Chapter 13 Bankruptcy Chapter 13 bankruptcy filings are a process of debt reorganization that allows you to pay down your unsecured debts at a significantly reduced rate over a three- to five-year period. The issue of security is key, as debts that are secured by …

When a Tree Falls in California

Your rights and legal responsibilities regarding trees on your property

Whether urban or rural, mountainous or coastal, trees are such an essential part of our landscape. California contains a rich biodiversity of tree life, including majestic redwoods, sequoia, fragrant eucalyptus, sturdy live oak, signature palms. And while we may think generally of the trees as belonging to all of us (collectively, anyway), most trees in fact belong to the owner of the land they grow on. When a tree, or portion thereof, falls and hurts someone, there is an entire body of law …

Can I Sue When Someone's Dog Bites Me?

The laws regarding dog bite cases in Nevada

If you’re injured by someone else’s dog, can you have them pay your medical bills, emotional distress or other damages? Are there any criminal charges that apply to someone whose pet may be dangerous? The answers to these questions are governed by Nevada state dog bite laws, local ordinances, and a body of case law, amounting to the conclusion: It depends. How Dog Bite Liability is Determined in Nevada Nevada does not have a state dog bite statute covering dog bites. Consequently, a dog …

The Advantages of a Special Needs Trust

SNTs and Pooled SNTs allow loved ones to gift money to those on government benefits

Most people with disabilities depend on government-provided medical care and assistance programs. But eligibility for those benefit programs has strict limitations on the amount of a recipient’s income and resources. So what is a family member or loved one to do, should they wish to provide them with additional funds? Or, what if they receive an award from a personal injury settlement? Both would likely result in benefits being reduced or cut off.  Special Needs Trusts are a way around this …

Am I an Independent Contractor or Employee in Florida?

This classification is Uber-important for many reasons

The employment universe has experienced rampant reinvention in the last decade or so, incorporating concepts like remote work, flex-time, “gig” opportunities, and a host of other innovations that have challenged our traditional understanding of the employment relationship. Yet, whether one is an employee or its legal opposite, an independent contractor, is a matter of ongoing significance. Perhaps you work from home, but use a laptop provided by the business you work for. Maybe you make …

What is Birdnesting?

An innovative approach to child custody in Kentucky

Kentucky courts are increasingly recognizing the importance of retaining both parents in primary parenting roles in children’s lives. Nearly all Kentucky child custody decrees now order joint legal custody, even where physical custody may reside primarily with one parent. This means that even when the parties agree (or the court decides) that it’s best for the child to live more of the time with one parent, both parents remain equally responsible for legal, medical, school, and other …

Who's at Fault in a Tennessee Car Accident?

How to determine fault and recover damages in a car accident suit

Automobile accidents are, unfortunately, a fact of life. Because most of us drive, the odds are strong that at some point, you will be involved in an auto accident. Whether a fender-bender, rear-end collision or more serious injury accident, there are some basic things to know about Tennessee law before the need arises. If you’re in a car accident, the first thing to do is verify that everyone involved is OK. If there have been any injuries, immediately call for emergency assistance. If there …

How Elder Guardianship Works

How Ohio courts assign decision-making authorities when an elder can no longer tend to their needs

The aging of our parents can present many thorny questions, and at times there’s a fine line between what we think is helping and what’s perceived as meddling or taking control. And yet, leaving things go for too long can leave an incapacitated parent without assistance when it’s needed. When is the right time for your dad to stop driving? When does mom need someone to balance her bank account and pay her bills for her? How you handle a loved one’s incapacity will depend on whether …

Maryland Security Deposit Law

Whether you’re a landlord or a tenant, protect your rights

When a real property owner rents out their space, they will typically require a tenant's security deposit. This is, as its name suggests, money to be held for the purpose of protecting the landlord in the event of damage to the property or for nonpayment of rent. It may not be used by either the landlord or the tenant during the term of the tenancy, but is placed in a secure account and kept until the tenant moves out. Security deposit money may only be retained by the landlord after the end …

The Effect of Moving on Child Custody in California

Move-away disputes can be among the most wrenching parents—and courts—face

We live in a shrinking world, with access to opportunities across the country and around the globe. It’s common for people to relocate based on job transfers, improved earning potential, relationships, family, or simply the promise of a fresh start. But what happens when you are divorced with children and want to move to a new location? One parent inevitably loses physical access to their child, and the child to that parent, when geographic distance prevents regular contact. This has become …

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