Stand Your Ground In Clearwater, Fl

** BACK IN THE NEWS ** The accused killer of Markeis McGlockton, Michael Drejka, went back to criminal Court in Pinellas County on Thursday to seek a reduction in his $100,000 bail. The request – in a hearing described by the St Petersburg Times as feeling “more like a trial” – was denied. Drejka is being held in the Pinellas County Jail on one count of manslaughter in the July 19th shooting at a Clearwater, FL convenience store. The genesis of the shooting and resultant Read More +

Standing Your Ground In Clearwater, Fl

Clearwater, Florida is normally a quiet community that does not appear in the pages of national newspapers or on the nightly news broadcasts. Ordinarily, Clearwater’s “fame” centers on its laid-back lifestyle, pristine beaches, and a reputation for being a destination for vacationers and “snowbirds” seeking warmth in the winter and a place to frolic when the kids are out of school. That sense of the “normal” and “ordinary” was shattered on Thursday, July 19th of this year when an altercation over a parking spot at Read More +

The “means Test” In Bankruptcy (chapter 7) – Part Iii

Part III of Three Related Articles [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales”&“Part II, Changes in Bankruptcy Law”] After passage of the BAPCPA in 2005, anyone wanting to file for Chapter 7 bankruptcy relief was faced with the new requirement of having to pass a “means test” to determine their eligibility. The primary purpose of the means test is to help the court determine whether an individual should be allowed to file a petition Read More +

Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part Ii

Part II – Changes in Bankruptcy Law [See related articles on this blog: The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), “Part I, Rationales” &Part III The “Means Test in Bankruptcy”] The enactment of the Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA) in April, 2005, wrought significant changes in the law embodied in Chapter 7 of the United States Bankruptcy Code. Changes were also affected in Chapter 13 of the code, but such changes in that section were not as broad or as Read More +

The Bankruptcy Abuse Prevention & Consumer Protection Act Of 2005 (bapcpa) Part I

Part I–Rationales [See related articles on this blog: “The Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA), ‘Part II, Changes in Bankruptcy Law’, and “Part III, The Means Test in Bankruptcy”] The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was a “bankruptcy reform” measure passed by Congress during the fifth year of the Bush (#43) Presidency. According to a report by the U.S. House of Representatives’ Judiciary Committee (Report 109-031), the BAPCPA “represented the most comprehensive set of bankruptcy reforms in more than twenty-five Read More +

Gibson Brands, Inc. Dba Gibson Guitars Secured Bondholder Recovery In Bankruptcy Court

*** SECOND UPDATE *** According to a filing in U.S. Bankruptcy Court, the secured bondholders of Gibson Brands, Inc. bonds are set to receive 56 cents on the dollar for the $383 million in debt that they hold in the iconic guitar maker’s business. Senior secured bondholders, led by KKR & Company, were informed in a court filing yesterday (July 12, 2018) that such recoveries will come from Gibson under its Chapter 11 reorganization plan. The same bondholders are currently providing financing to Gibson during Read More +

Business Bankruptcy

A business bankruptcy can take a number of forms. In a Chapter 7, a corporation may file bankruptcy in order to seek the orderly liquidation of its enterprise. In a Chapter 7 bankruptcy, generally the corporation is liquidated and ceases its business functions. The assets of the business are sold and distributed among the creditors of the corporation. Despite the belief of many, including many bankruptcy attorneys, a corporation does not receive a discharge in a Chapter 7 bankruptcy. There are benefits for a corporation Read More +

Filing For Bankruptcy Can Help You Reinstate Your Driver’s License

There are several instances in which filing for bankruptcy can help you regain your driver’s license. In the state of Florida, if you are driving without insurance and you are involved in a car accident the Department of Highway Safety and Motor Vehicles (DHSMW) may suspend your driver’s license. However, filing for Chapter 7 or Chapter 13 Bankruptcy can sometimes help remedy this situation. If you injure someone or damage their property while driving uninsured, the other driver or interested party can sue you and Read More +

What Is Chapter 12 Bankruptcy?

Chapter 12 bankruptcy is a type of bankruptcy specifically fashioned to either family farmers or fishermen seeking to reorganize or consolidate their debts through bankruptcy proceedings. The most commonly filed Chapters of bankruptcy are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 12 bankruptcy is probably one of the least commonly filed forms of bankruptcy. Even Chapter 11 bankruptcy or corporate reorganization, is probably more commonly filed than Chapter 12 bankruptcy. Chapter 9 bankruptcy, which involves the reorganization of the debts of a municipality, may Read More +

The Millennial Generation: “selfish Slackers” Or Next Modernist Generation?

Who are the “Millennials”? According to a recent study by the Pew Research Center, “Anyone born between 1981 and 2000 (ages 18 – 37 in 2018) is considered to be a Millennial… anyone born from 2001 onward will be part of a new generation”. As stated on its website, the Pew Research Center is a “non-partisan ‘fact tank’ that informs the public about the issues, attitudes and trends shaping the world.” The Center is a subsidiary of the Pew Charitable Trusts, the primary funder of Read More +