Barber Banaszynski & Hiatt PSC

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(502) 585-2100Call Visit WebsiteVisit Website Map & DirectionsDirections802 Lily Creek RdLouisville, KY 40243 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Louisville with Attorneys

Eastwood (7 miles)
Fisherville (8 miles)
Pewee Valley (10 miles)
Bellewood (11 miles)
Masonic Home (11 miles)
Ashville (11 miles)
Crestwood (12 miles)
Glenview (13 miles)
Harrods Creek (13 miles)
Prospect (14 miles)

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Phone: (502) 245-5899

Phone: (502) 585-2119

Phone: (502) 632-4375

Phone: (502) 254-2110

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East Louisville

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http://www.bbalaw.com

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Attorneys, Adoption Law Attorneys, Arbitration Services, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Child Custody Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Landlord & Tenant Attorneys, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Social Security & Disability Law Attorneys, Traffic Law Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Workers Compensation Assistance

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Phone: (502) 585-2100

Address: 802 Lily Creek Rd, Louisville, KY 40243

Website: http://www.bbalaw.com

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Barber Banaszynski & Hiatt PSC

Divorce
Child Support
Very often, in divorce, child custody and child support disputes, the issue of federal income tax exemptions and the right to claim a child as a dependent arises. For the first time, under the case of Adams-Smyrichinsky v. Smyrichinsky, the Kentucky Supreme Court addressed the authority Kentucky trial courts have in awarding a tax exemption as part of a child support award.
Child Custody and Visitation
Family Law — We are experienced in all aspects of family law including divorce, child custody, support, maintenance, adoption, paternity and cases brought under dependency, neglect and abuse. We are also experienced in representing clients in domestic violence cases.
Adoption
Paternity
Premarital Agreement
In Dishman v. Dougherty, ____ S.W.3d ____ (Ky.App. 2015) (opinion not final; rehearing denied June 30, 2015), the Kentucky Court of Appeals held that a power of attorney did not give the attorney-in-fact authority to create an irrevocable trust for the principal. First, KRS 386B.6-020(5) became effective in 2014 and requires that an attorney-in-fact must have “express” authorization in either the power of attorney or the trust to revoke, amend, or affect the distribution of property under a trust. Second, the power of attorney in Dishman included a provision about funding trust but was silent about creating them. Thus, the court applied the rule of construction preferring the specific to the general. Finally, the attorney-in-fact in Dishman was the spouse who had signed an antenuptial agreement evidencing a strong intent to keep her and her husband’s property separate. As in Ping, the Dishman Court did not give effect to the provision authorizing the attorney-in-fact “[t]o do and perform in my name all that I might individually do.”
Spousal Support
From marriage to dissolution, including matters involving prenuptial agreements, spousal maintenance and property division, adoption, child support and custody, the attorneys at Barber, Banaszynski & Hiatt, PSC are ready to assist all individuals with issues which may arise as a result of the Supreme Court’s decision. For more information, contact Rebecca A. Smither at 502-254-2110.

Criminal Defense
Employment law is a dense, objectively dry field; it’s not dramatic family law, heart-wrenching criminal law, or high-brow corporate litigation. But for anyone in the working world--blue collar and white collar, hourly and salaried, minimum wage earners and CEOs--employment law has the potential to seriously impact day to day life. For the employer, failure to wade into the morass of employment law to understand its obligations to employees risks the wrath (and the crippling fines) of the Kentucky Labor Cabinet and the U.S. Department of Labor. Failure to investigate and advocate for one’s rights as an employee can leave one with a shorted paycheck and far too many hours on the clock (or too few). This article is intended to address one of the most commonly asked employment law questions: who qualifies as “exempt” (and why does it matter)?
DUI/DWI
DUI Defense — We can work to reduce or eliminate your fines, keep you out of jail and prevent your driver's license from being suspended.
Traffic Violations
While paranoid by driving under the speed limit, signaling your turn a half a mile before turning or not taking your turn at a stop sign may also lead to a stop. It is virtually impossible to drive more than a mile or two without violating some traffic law, so pull over, if you can, into a parking lot or otherwise avoid a patrol car from following you for a long distance, there will be less risk of being stopped for a traffic violation. And ALWAYS wear your seat belt… it’s a no brainer.
Sex Crimes
Criminal Law / Criminal Defense — Including the defense of adult and juveniles in felonies, misdemeanors including criminal defense for many charges, including assault, harassment, rape, burglary, possession or trafficking of drugs, truancy and curfew violations, and expungements.
Fraud
Burglary
Theft
Misdemeanors
Ultimately, the DVOs that can be obtained are the same as they always were: up to three years of protection, renewable one month before the expiration date, and limited- to no-contact between the offender and the victim. If the offender violates a term of the DVO, the victim is entitled to call the police and make a report and the offender may be charged with violation of the Order, which is a Class A misdemeanor (KRS 403.763). Typically, a person with an active DVO against them cannot possess, buy, or store or attempt to possess, buy or store firearms for the duration of the Order. Depending on the facts and the judge’s discretion, the Order may include no-contact provisions, contact by telephone only for purposes of discussing a child in common, and/or requirements that the offender stay 500 feet away from the victim and his or her residence and/or workplace for the duration of the Order.
Drug Crimes
St and everyone should be cognizant of the fact that the modifications still may be requested by way of a variance. The most significant change relates to drug trafficking cases where the offense levels, found at 2B1.1 of the Federal Guidelines and the precursor table found at 2D1.11, were reduced. These levels will be reduced by two levels, but the top level will remain at 38 and certain drugs will retained at a minimum level of 12. At the present time, it is unknown as to whether or not these guideline reductions will be applied retroactively, or if the Commission may place limits upon who is eligible for relief such as those who may have received a safety valve consideration or persons sentenced before the guidelines because discretionary. This reduction is significant because at the higher offense levels, the guideline ranges increase significantly. For example, a guideline level of 32, which constitutes a charge involving between 5 and 25 kilograms of cocaine carry with it a range of 121 months to 151 months. A two level reduction represents a two year reduction at the low end almost a four year reduction at the high end, the corresponding range at level 30 being 97 month to 121 months. Thus, it is imperative that a criminal defendant involved in cases involving large quantities of drugs should be aware that the guidelines will likely be changing as of November 1
Assault
Personal Injury — We handle claims for injuries caused by car, truck and motorcycle collisions, as well as defective products, medical errors, neglected property, and assault and battery.
Identity Theft
A note from the Federal Trade Commission: CONSUMER DEBT SCAMS Consumers across the country report that they're getting telephone calls from people trying to collect on loans the consumers never received or on loans they did receive but for amounts they do not owe. Others are receiving calls from people seeking to recover on loans consumers received but where the creditors never authorized the callers to collect for them. So what's the story? The Federal Trade Commission (FTC), the nation's consumer protection agency, is warning consumers to be on the alert for scam artists posing as debt collectors. It may be hard to tell the difference between a legitimate debt collector and a fake one. Sometimes a fake collector may even have some of your personal information, like a bank account number. A caller may be a fake debt collector if he: ● is seeking payment on a debt for a loan you do not recognize; ● refuses to give you a mailing address or phone number; ● asks you for personal financial or sensitive information; or ● exerts high pressure to try to scare you into paying, such as threatening to have you arrested or to report you to a law enforcement agency. If you think that a caller may be a fake debt collector: ● Ask the caller for his name, company, street address, and telephone number. Tell the caller that you refuse to discuss any debt until you get a written "validation notice." The notice must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act. ● If a caller refuses to give you all of this information, do not pay! Paying a fake debt collector will not always make them go away. They may make up another debt to try to get more money from you. ● Stop speaking with the caller. If you have the caller's address, send a letter demanding that the caller stop contacting you, and keep a copy for your files. By law, real debt collectors must stop calling you if you ask them to in writing. ● Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know whom you're dealing with. Scam artists, like fake debt collectors, can use your information to commit identity theft – charging your existing credit cards, opening new credit card, checking, or savings accounts, writing fraudulent checks, or taking out loans in your name. ● Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt. ● Report the call. Contact the FTC and your state Attorney General's office with information about suspicious callers. Many states have their own debt collection laws in addition to the federal FDCPA
Hit and Run
Traffic Offenses — We handle all traffic violations, including speeding, reckless driving, violations involving school buses and emergency vehicles, faulty licensing, improper equipment maintenance, no insurance, and hit and run.

Business and Corporate Law

Corporate Law
Business Disputes
Tom has been with the firm for over 30 years. Prior to coming to the law, Tom was a social worker and ran the local Big Brothers/Big Sisters agency. Tom focuses his law practice on civil matters including estate planning and probate, business law, real estate, employment and civil rights issues.
Intellectual Property

Workers Compensation
Subrogation — Our subrogation services include representing insurers in automobile, property & casualty, and worker's compensation claims. We handle all aspects of claims including mediations and in arbitration, pursuing claims through litigation, and defending claims raised against our client’s insured.
Wrongful Termination
Civil Rights / Employment Law — We represent employers and employees in cases involving sexual harassment, military leave, maternity and medical leave, discrimination, commission payments, noncompete agreements, contract disputes, severance issues, the denial of unemployment benefits, wrongful termination, retaliation and civil rights violations in the workplace.
Employment Discrimination
Th anniversary of the mass march on Frankfort in support of a state civil rights law. This march of more than 10,000 people was led by Martin Luther King, Jr. and included baseballs Jackie Robinson, gospel singer Mahalia Jackson, and folk singers Peter, Paul and Mary. The bill did not pass the 1964 session, but was resurrected and passed two years later in 1966. This new state law prohibited discrimination in employment and places of public accommodation based on race, national origin, color and religion. It was generally regarded as one of the best state anti-discrimination laws in the country and closely followed many of the provisions of the United States Civil Rights Act of 1964. In 1968, Kentucky passed a Fair Housing Law prohibiting discrimination based on race, color, religion and national origin, and in 1972 the legislature amended the Kentucky Civil Rights Act to add coverage prohibiting employment discrimination based on sex and age between the ages of 40 and 65. With this amendment, Kentucky added coverage equal to the Federal Civil Rights Acts. Interestingly, the prohibitions against sex discrimination placed in the United States Civil Rights Act of 1964 were originally proposed by southern legislators who felt that by placing prohibition against sex discrimination in the federal law that the northern based labor unions would oppose the passage of the Act. This failed strategy turned into one of the more significant provisions of the federal law and was later adopted by most states.
Employment Contract
In Kentucky, if you do not have an employment contract or belong to a union, the company can fire you for reason, good or bad reason!
Employment Litigation
Non-compete Agreement
I recently spent a lot of time dealing with a case that involves a young worker in the health industry who was in a high-level position with a company and had been there for seven months. He received an offer to go to work for a second company for $165,000.00 and wanted to make the move. The problem was that there was a non-compete clause in his current contract with his current employer.
Severance Agreement
Sexual Harassment

Real Estate Litigation
Landlord-Tenant Disputes
Determining your rights and responsibilities as a landlord or a tenant can be difficult and confusing. This Q & A will help you navigate and understand your rights and duties in Louisville / Jefferson county and other cities and counties that have adopted Kentucky’s Uniform Residential Landlord-Tenant Act (URLTA). If you live in a different area, your rights and responsibilities will be different.

Immigration Law

Citizenship and Naturalization

Personal Injury
One cannot watch television, listen to the radio or drive down a Kentucky road without being continually bombarded by advertisements from a handful of law firms trying to catch the attention of personal injury clients. Interestingly, many of these firms are based out of neighboring states or even states hundreds of miles away. Just the other day, I saw an attorney’s giant head on the side of a bus and just below the head was the disclaimer that stated that that attorney was not licensed to practice in Kentucky. One would hope that a potential client would ask, “Why put your face on a bus if you aren’t willing to put in the time to get licensed in this state?”
Medical Malpractice
Jeffrey E. Hiatt joined the law firm in 1997. While his practice focuses on representation of Fortune 500 Companies, he also sets up and represents small businesses. With concentrations in litigation, subrogation, corporate law, personal injury, medical malpractice, as well as federal tort claims he is able to provide a disciplined approach to the legal needs unique to his clients.
Social Security Disability
Prior to joining the firm, Rachel worked in general litigation and as an assistant county attorney, where she gained invaluable insight into all aspects of law. Rachel maintains a general practice with focus on civil matters including estate planning and probate, social security disability, personal injury, civil litigation, employment, and civil rights issues.

Trusts and Estates

Estate Planning
Estate planning can seem like an overwhelming task, but it does not have to be. Each of us has an estate for which we need to make some plans. We all have loved ones who need to be part of that estate. We all have special interests which we may want to address as part of that estate plan.
Wills
The second case involves a developmentally disabled child with Prader-Willi syndrome. The dad came to see me about setting up a will and trust for this young lady.
Trusts
Legal documents: Will; living will directive; advanced medical directive; power of attorney; testamentary trust or living trust; instructions for your final arrangements, e.g. burial or cremation; prepaid burial; cemetery plot. Title to real estate and other properties; safe deposit boxes or safes; storage units; hard-copy files for such things as tax returns; bank statements; investment accounts; medical records; treasures or heirlooms, e.g. stamp collection, jewelry; personal documents, if you still have them: social security card, marriage/death/birth/divorce certificates, passport, disability documents, service discharge papers, etc.
Power of Attorney
Powers of attorney are important tools to help individuals conduct business, convey property, plan for disability. For example, individuals will often execute a power of attorney for an individual to act on their behalf in limited circumstances. This may involve the conveyance or release of property. Powers of attorney to convey or release real or personal property, or any interest in that property, are authorized pursuant to the provisions of KRS 382.370. Powers of attorney are frequently used in probate court where the personal representative of the decedent is out of town. Powers of attorney can allow the estate attorney to take the oath of office on behalf of the out-of-town, out-of-state personal representative.
Probate

Bankruptcy
Foreclosure
Debt Collection
Our office has been receiving a spade of calls from consumers worried that their personal information has somehow been compromised due to scam artists contacting them and threatening them with felony actions if they do not pay alleged debts that the scam artists claim exist. Do not be fooled, some of these scam artists will have your personal information and will use it to deceive you by exploiting any and all information that you will give to them when you speak to them. Understand that if a debt collector contacts you, they are required by law to provide that debt collection information in writing to you. It is a sure sign that it is a scam if the caller refuses to provide that written information to you.

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