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May 4th, 2012 – Tipp City, Ohio – As a part of the 2012 Ohio State Bar Association’s (OSBA) annual convention, local attorney Mark Bamberger presented to his peers his publication entitled, A Litigator’s Guide to Fitting Animals into Environmental Law, a paper which deals with primarily the fact that animals in Ohio find very little protection under the law.

Dr. Mark Bamberger proffers that those litigating in support of animals in the State of Ohio must think creatively in finding strategies and tactics in order to protect Ohio’s animal populations.

Within the Extract, Bamberger relates “Environmentalists have always been a little tone deaf when it comes to valuating environmental resources; including the value of preserving herds of animals”.

About the 2012 Ohio State Bar Association Annual Convention

As a part of the convention each year, the Ohio State Bar Association provides attorneys with an opportunity to not only learn in small peer groups, but also collect Continuing Legal Education (CLE) credits in a classroom setting. At this year’s convention, more than 825 attendees were able to take an opportunity to learn from the most notable of Ohio’s legal specialists, respected for their work in and out of the courtroom.
Dr. Mark Bamberger shares, “The OSBA conference is really a great opportunity to network and to learn from those who specialize in their fields. The sessions provide us with a multitude of topics to choose from including consumer protection, litigation, corporate compliance, family law, estate planning, M&A, and of course my favorite topic, animal law”.

About Mark Bamberger

Dr. Bamberger received his BA from Miami University, his MS from Wichita State University, his PhD from The Union Institute, and his JD from Capital University Law School. His professional memberships include the Ohio State Bar Association and the Dayton Bar Association. Dr. Bamberger has worked as an environmental educator, hydrogeologist, contaminant geochemist, and hazardous waste remediation supervisor, law advisor, and environmental law specialist. Since 2009, he has owned and operated his firm, a general practice law firm with offices in Tipp City, West Chester, Enon, and Spring Valley.

Dr. Bamberger’s passion in legal practice is animal law, and he currently serves as general counsel for a number of small and large animal rescue and/or advocacy organizations. He has served as lead attorney on several large civil actions in Ohio against groups who have harmed or killed animals.

Mr. Bamberger is a benefactor and legal advisor to the Wolf Creek Wolf Habitat & Rescue, Inc., in Brookville, Indiana. Before his shift from environmental consulting and teaching into law, he worked in environmental consulting and taught as an adjunct professor of geology and environmental science and advised students at more than seven universities for more than 22 years, including Miami University, Capital University, Wichita State University, SUNY-Binghamton, Eastern Connecticut State University, and The Union Institute.

Dr. Bamberger taught in various sub-disciplines, including but not limited to, environmental history and philosophy, hydrogeology, contaminant geochemistry, and American presidential history. He also worked for the Connecticut DEP in their hazardous waste enforcement sections and the Ohio EPA in their drinking and ground water section, as well as several major environmental and nuclear consulting firms in Connecticut and Ohio.

Dr. Bamberger can be reached at (877) 644-8181 (office), (937) 405-1491 (fax), or via email at mark@bambergerlaw.com.

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Mark J. Bamberger, Esq., Owner/Attorney at Law

THE MARK BAMBERGER CO., LLC

Offices in Tipp City and Enon (both near Dayton) and West Chester (near Cincinnati), Ohio

As is common in many states, there are generally three ways to end a marriage in Ohio.  From easiest (and often least expensive) to often ugliest and most costly, they are: (1) non-contested divorce; (2) dissolution; and (3) contested divorce.  In each case, the same legal forms are indicated and are determined by county.  One of the biggest reasons to retain legal counsel in any of these situations in Ohio is that each county is different and some counties are very different indeed.  The wrong forms or formats can add many months and many thousands of dollars to the end of a marriage.  Even with trained legal counsel, this process can be time-intensive and tricky.  Though people legally can “do it themselves” (termed “pro se”), it is often best to pay the money to get it done efficiently, completely, and with finality. This is especially true where minor children are involved.  Courts often have little patience for pro se litigants making mistakes and “ignorance is never an excuse under the law”.

Without children, in most Ohio counties the necessary documents include: (1) the complaint for divorce; and (2) the separation agreement.  With minor children, add on several additional forms and a shared parenting agreement.  Whether custody will be full, shared, or joint, there are details to be completed.

Non-Contested Divorce

A non-contested divorce is just that; not contested.  In this form, the represented Plaintiff fills out the preliminary paperwork and then serves the forms and prepared documents upon the Defendant. Once service is perfected, the Defendant has three options: (1) contest or fight the complaint; (2) sign off and not contest; or (3) do nothing.  In the latter two cases, the court will allow the allotted 28-day answer period; then schedule the case for a final, non-contested hearing.  In that case, the Defendant need not even appear at the final hearing.  The Plaintiff appears with a witness to testify and attest that: (1) they know the Plaintiff; (2) the Plaintiff has resided in Ohio at least 180 days; (3) the Plaintiff has resided in the subject county for at least 90 days; and (4) the Plaintiff and Defendant meet the cause of action claim used for the divorce (e.g., incompatibility, residing apart for at least one contiguous year, gross neglect, etc.).  Non-contested divorces can be the fastest and least expensive option for ending a marriage in Ohio; as long as they stay non-contested.

Dissolution

A dissolution happens when both Plaintiff and Defendant decide on everything and decide those terms together and in (relative) harmony.  One attorney handles the paperwork for both parties, but can only represent one of the parties.  The other party is dealt with honestly and openly, but must represent him- or her-self pro se.  Once the dissolution is approved by the court, both parties are responsible for what they signed; represented or not.  Dissolutions can be as fast and inexpensive as a non-contested divorce.  The concern with dissolutions is that if at any point there is divergence of wants and desires, the case can quickly become contested (and contentious).  At that point, it is the ethical obligation of the attorney to end negotiations, tell the unrepresented party that the case has become contested, and recommend he or she retain private legal counsel of their own.

Contested Divorce

Finally, a contested divorce is just what you would expect; a fight!  These can become ugly; with children used as pawns in a nasty chess game and the two sides fighting over the silverware.

These three pathways are not mutually exclusive.  In other words, a non-contested divorce or dissolution can become contested and, in rare cases, a contested situation can end quietly and equitably.  The bottom line is this: the best thing a divorce attorney can do is to evaluate the situation and help his or her client decide which path to take for maximum gain and minimum pain in a situation usually defined by pain and heartache.

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Mark J. Bamberger, Esq., Owner and Attorney at Law

The Mark Bamberger Co., LLC

Offices in Tipp City (Dayton), West Chester, and Enon, Ohio

To divorce or not to divorce; that is not only the question, but often the life choice. The painful and agonizing decision to separate one’s life from another that they once loved, if not cherished, can be the worst of the worst of times. Even in today’s challenged economy, the decision to get a dissolution or divorce is often the hardest decision someone has to make in their entire lives.

Our parents used to say that we “stayed together for the kids”. However, our culture came to realize that two functional homesteads were often better for the kids than one dysfunctional one. Although separation is a traumatic and very complex condition, there are additional legal considerations that make it even more complex. It is my job as their legal “counselor” to help them weigh all the options. The word “counselor” is apt since in those trying times I seem to be more emotional support mechanism than attorney.

In many cases, the other party in the divorce is represented by counsel, which makes my job a lot easier. It is usually far easier and more efficient to deal with another professional and clear-thinking attorney to get a divorce completed. In some nightmarish scenarios, the other side represents themselves “pro-se” (by themselves). This can be painful since the other side is often too arrogant, too prideful, and/or too poor to retain counsel. There’s a reason we go to law school and have to pass a 20-hour bar exam!

So many times, we at The Mark Bamberger Co., LLC deal with divorce affiliated with bankruptcy, or civil litigation, or even criminal defense. We try to counsel those retaining us for their divorce representation that all these other myriad issues may also come into play. Often, filing a bankruptcy is the best way to get out from under staggering debt that could haunt each of the divorcing parties and their progeny for a generation to come. We tell our clients that if they file bankruptcy on joint debts (those held jointly between both spouses), the creditors will visit their harassment and court actions on the other soon-to-be-ex spouse. Not all of our clients are upset at that prospect. In many situations, bankruptcy (especially under Chapter 7 of the bankruptcy code) allows a “new start”.

Some of our clients favor a dissolution; where both parties sit down and decide issues like parental custody, parental visitation, child and/or spousal support, and personal and real property separation. This can be a civil, reasonably fast, and inexpensive way to divorce in Ohio and most other jurisdictions. Others will attempt a non-contested divorce, where my staff prepares the documents and terms for our client. Here, we file the necessary materials with the court and perfect service to the Defendant (other spouse) to make sure they received the documents. The Defendant then has 28 days (in reality much more) to either do nothing, agree, or contest the terms. If they contest, it becomes a contested divorce, which needless to say is the most expensive, time-consuming, and often painful option. We have had many cases that began non-contested or a dissolution, then became contested (read “ugly”). Not often do they go the other way, but it can happen,

The bottom line is this; divorce is complicated; emotionally, financially, and legally. We at The Mark Bamberger Co., LLC try to counsel our clients about the inter-disciplinary aspects of divorce and help them navigate through some of the most traumatic and painful months of their lives. It is never easy, but usually the sun does shine after the rainfall of tears has stopped.

MJB 4/11

Popularity: 22%

The Economy appears to be improving; at least that is what the numbers and news broadcasts relay.  However, many of our clients at The Mark Bamberger Company see people who continue to suffer pain.  As I related in a previous article, many experts report a second wave of foreclosures and resultant Chapter 7 and 13 bankruptcies due to a second expected bounce in some adjustable rate mortgages.

Many of our clients are still either unemployed or severely under-employed.  Many of them continue to see mounting bills they cannot pay.  Home mortgage lenders seem to be “cutting off their nose to spite their face”, by taking billions in government bailouts; then openly imposing obstacles to mortgage modifications.  Additionally, finance charges and late-payment penalties are making creditor payments harder than ever.

What is the answer?  There is no standard answer for everyone; but with planning, families can avoid the pitfalls of the still-hindered economy.  Bankruptcy may be a good option; but before that decision is made, debtors should meet with their attorney; be it me or someone else, and do a global assessment of their financial situation.  Specific questions to ask, among many others, include:

1. Is my house safe from foreclosure or loss in a bankruptcy?  If my house is in foreclosure, how far in is it (from initial complaint through final sheriff’s sale)?
2. How much equity do I have in vehicles and other big-ticket real and personal property?
3. How much unsecured debt (e.g., credit cards, medical debts, and personal loans) can be discharged in my bankruptcy?
4. Can I afford to pay for a bankruptcy?  This is often easier than many think since they can be economical, paid off through monthly payment plans, and paid from the money not paid to unsecured debt during the bankruptcy period.

Above all, don’t panic; there are almost always options.  Empowerment comes from taking control, even if the situation appears dubious!

MJB  7/3/10

Popularity: 27%

In these troubling economic times, I have a lot of clients in my offices asking if filing a bankruptcy is their best option.  Whether it be a Chapter 7 petition for a total bankruptcy as a “fresh start”, a Chapter 13 petition for a personal reorganization plan, or a Chapter 11 for business reorganization, the choice is never easy.  So often I have clients who are embarrassed with themselves or just plain mad at the world for what has happened to them.  It is true that often they have no one but themselves to blame for bad decision making.  However, the vast majority of my cases involve job loss, medical problems, or both.  These are conditions out of people’s control.  In these cases Bankruptcy is a viable and government-supported option.

I tell every client who discusses options with me that the reason bankruptcy is in federal court and not state courts is that it is an enumerated right granted to the federal government in our Constitution.   In fact, the concept of bankruptcy goes back much further than that in democratic history, but I will leave the history lesson for another time.  The bottom line is this – in some cases bankruptcy makes a great deal of sense for people to allow them the ability to “start over”.  Working in bankruptcy law is much easier ethically these days since the 2005 amendments to the bankruptcy code which made it much harder for people to file petitions just to escape paying what they owe.  There was abuse in the system, but not much anymore.  Now the bar to passing a “means test” is much higher and limits the bankruptcy option to those who truly need and deserve the assistance.

I have written in the past about the connections between bankruptcy and other aspects of my practice, namely civil litigation and criminal defense.  Usually when things start going bad for families or individuals, it goes there fast.  I have defended someone in a criminal case or filed a civil complaint for them, only to see them on my doorstep months later in dire financial shape and in need of bankruptcy counseling.  Again, for some, this option makes sense.  However, I take great pride in talking some clients out of bankruptcy when I think there are other options.  Bankruptcy is still serious business, although the stigma has been taken off it – to a large extent.   For some, I can arrange settlement offers to creditors at 20-30 cents on the dollar, allowing those clients to pay their debt and move on, without a bankruptcy.  Again, it is a tool provided by the federal government to help people, not cast them into an abyss of financial ruination.         MJB/091022

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An arrest is one of the most traumatic events an individual or family can endure. It can impact a clients’ well-being, livelihood and future. At The Mark Bamberger Law Co. LLC, we are dedicated to obtaining the best possible outcome for each criminal defense client. Contact an experienced criminal defense attorney at (877) 644-8181.

Company founder, Mark Bamberger puts his experience to work protecting the rights of criminal defendants.

We are often are able to deal with the police before charges are filed, sometimes helping to limit charges that ultimately are brought against our clients. We thoroughly investigate each case and present an honest assessment of a cases’ possible outcome. We have experience crafting aggressive and successful trial strategies and will pursue a favorable plea agreement or reduced sentence when it’s appropriate.

Clients find we do all of this with care and discretion and keep them informed through every step of their case.

We handle a wide range of felony and misdemeanor cases, including:

* White-collar crimes – Fraud, bank fraud, bribery, forgery, insurance fraud, money laundering and tax evasion.
* Drug crimes – Manufacturing, possession and distribution of cocaine, methamphetamine, heroin, and marijuana.
* Violent crimes – Aggravated assault, simple assault, robbery, arson, homicide, murder and hate crimes.
* Sex crimes – Rape, sexual assault, molestation, prostitution, date rape, indecent exposure, pornography and child abuse.
* Property crimes – Burglary, theft, trespass, vandalism.

For more information or to schedule a consultation, send an email to Mark Bamberger, or call us at (877) 644-8181.

Popularity: 28%

Many homeowners, especially those who were enticed to sign sub-prime mortgages, can no longer afford their mortgage payments, even if the mortgage is current. That makes a Chapter 13 bankruptcy impossible. Even if you are behind on your payments, and cannot afford the current monthly payment for your home, you should definitely contact The Mark Bamberger Law Co. LLC to fight the foreclosure.

While you are litigating the foreclosure case, you are not required to make your normal monthly mortgage payments. The legal process will afford you time to reinstate the mortgage, sell your home, file a bankruptcy or move out. You may be able to force the lender to completely rewrite the terms of your note and mortgage, enabling you to actually keep your home.

This may sound too good to be true, but you may actually have valuable defenses and counterclaims against your mortgage company that could actually prevent foreclosure and even require your lender to pay you damages. All across the US, judges are harshly punishing mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations.

Are you aware that your mortgage company is probably not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure. Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached?

Most likely, these documents are not attached, and may not even be in the possession of your mortgage company. Your mortgage company may be attempting to substitute your original note and/or mortgage with a purported copy. This is called a “Count to Establish Lost Documents.” There are strict legal requirements to establish a lost note or mortgage, and your mortgage company may be unable to meet the requirements if challenged.

If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require that the plaintiff accelerate (i.e. demand) the entire balance of the note. Your mortgage company probably failed to do that, which may entitle you the opportunity to cure the mortgage by paying the reinstatement amount. It is also very common for mortgage companies to inflate the balance due on the mortgage by charging homeowners junk fees, such as Broker Price Opinions (BPO), property inspections and other “property preservation expenses.” We know how to ferret out these tactics and hold your mortgage company accountable.

Essentially, your mortgage company may have filed an improper foreclosure lawsuit, but your time to contest this is limited. You have or will be served with a copy of the foreclosure complaint by a process server. You typically have only 20 days to respond to the mortgage company’s complaint, so you need to see an attorney immediately if you wish to defend against the foreclosure. If you are beyond the twenty days, there are still defenses that can be raised.

Please don’t wait. Contact The Mark Bamberger Law Co. LLC right away so we can begin to defend your rights!

Popularity: 38%

Bankruptcy is a very difficult word to say. You are not alone. Last year over 2 million people filed for personal bankruptcy, and in Ohio nearly 3,500 bankruptcies are filed each month… and unfortunately, the number of bankruptcies in the US is growing.

A wide variety of circumstances can place virtually anyone in a precarious enough financial situation that may merit filing bankruptcy. Understandably, this can be a very scary thought for most individuals. Here at The Bamberger Law Co. LLC we handle matters in a caring and forthright manner.

Popularity: 36%

When you are in need of legal services, you need to find the right attorney. Whatever legal problems arise in your life, you will be in good hands with The Mark Bamberger Law Co.

We provide our clients with a wide range of overlapping practice areas, from drafting wills, trusts and estates and handling personal injury cases to negotiating our clients tax settlements with the Internal Revenue Service. From the simple to complex, we provide effective and caring representation.

We are proud to ardently and aggressively represent your case, no matter its size. You can depend on us to fight to obtain the best outcome for you.

Popularity: 26%