Public Sector Pension Plans: A “ticking Time Bomb”

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According to a December, 2017, washingtonfreebeacon.com report “…unfunded liabilities of state public pension funds increased by $433 billion over the past year and presently exceed $6 trillion…”. The report continues, “Unfunded liabilities of public pension plans continue to loom over state governments nationwide. Absent significant reforms, unfunded liabilities of state-administered pension plans will continue to grow and threaten the financial security of state retirees and taxpayers alike.” Astonishingly, the $6 trillion in unfunded liabilities average approximately $18,676.00 for every person in the United States. Alaska has Read More +

Chapter 13 Bankruptcy Protection of Tax Refund the Matter of in Re Gibson

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In Chapter 13 Bankruptcy the Chapter 13 Bankruptcy Trustee will often attempt to seize or attach the tax refund of the Chapter 13 Debtor. The position of the Chapter 13 Trustee is that the tax refund received by the Debtor is additional disposable income that ought to be contributed to the Chapter 13 Bankruptcy Plan. Even in jurisdiction in which a tax refund is considered exempt, or for which there are available exemptions to protect the tax refund, the Trustee will likely argue that the Read More +

Clearwater, Florida

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Clearwater Beach

EARLY HISTORY According to Wikipedia, one of the early tribes that resided in the area now known as Clearwater, Florida, was the Tocobaga peoples. In the early history of the area now referred to as Clearwater, Florida, there were clear springs that led from the banks of Clearwater into the bay.  These springs no longer exist.  The banks were located upon the high bluffs where is now located city hall and downtown Clearwater.  The early settlers referred to Clearwater as Clearwater Harbor, ostensibly because of Read More +

Firearms, Guns, the Second Amendment and Bankruptcy – Part 3

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Firearms, Guns, The Second Amendment And Bankruptcy- Part 3

The issue of the relation of Firearms and Bankruptcy is prominent when the Debtor in Bankruptcy has a Lien placed upon his or her Household Goods, pursuant to a Security Interest which constitutes a Non-possessory, Nonpurchase Money Security Interest.  If the property in question can be categorized as Household Goods, Tools Of The Trade, or a Professionally Prescribed Health Aid, under either the applicable Federal or State Exemption Statutes, the Section 522(f) of the Bankruptcy Code permits the Debtor to avoid such Interest. Bankruptcy Code Read More +

What is Bankruptcy Proof of Claim?

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BANKRUPTCY ATTORNEY QUESTION FROM CLEARWATER, FLORIDA Eduardo from Executive Café & Deli in Clearwater, Florida, asks What is a Proof of Claim in Bankruptcy?  A Proof of Claim is a written Statement that notifies the Bankruptcy Court, The Bankruptcy Trustee, and the Debtor, that the Creditor intends to be eligible to receive a Distribution of monies from the Bankruptcy Estate.  In a Chapter 7 Bankruptcy, the Distribution of monies is through the Sale and Liquidation of Assets that the Bankruptcy Debtor owns that exceed the Read More +

I Filed Bankruptcy. When Can I File Again?

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BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again? Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy. HERE Read More +

Can A Creditor or Other Interested Party, Object to Discharge of A Debt in Bankruptcy?

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ASK THE BANKRUPTCY ATTORNEY-BRANDON, FLORIDA CLIENT DANNY R Danny R of Brandon, Florida has a Question for the Bankruptcy Lawyer.  May a Creditor or other Interested Party Object to the Discharge of a particular Debt that was included in the Bankruptcy, and the Bankruptcy Discharge? The answer is Yes.  The operative Sections of the Bankruptcy Code that relate to whether certain Debts are Dischargeable in Bankruptcy are Section 523 and Section 727.  These are very important Sections of the Bankruptcy Code.  Any Bankruptcy Attorney, or Read More +

Former Paramour of Rick Ross Damaged By Rapper 50 Cent’s Publication of Sex Tape: the Misadvantures of Pimpin’ Curly

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The feud began, allegedly in 2009, when Rick Ross criticized Fifty Cent on a rap song “Mafia Music”, in retaliation for when Fifty Cent gave him a dirty look at the BET Awards, of which they were both in attendance.  Fifty Cents according to the same Article in the Daily Mirror, claims he did not remember seeing Rick Ross at the BET Awards event. Fifty Cents responded with his own rap song, entitled “Officer Rickey”, his own slur against Mr. Ross, who was a former Read More +

Yes Virginia-student Loans Can Be Discharged in Bankruptcy (part 2)

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WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAW PART TWO OF THREE PARTS By Jay Weller This is our Second Part in our Blog Article regarding the Discharge of Student Loans in Bankruptcy.  Please refer to Part One for context and understanding. The Cases of Tetzlaff and Conway teach us some valuable lessons in terms of when a Student Loan may be Discharged in Bankruptcy.  One such lesson is that in Legal Matters, the Facts often determine the Law.  Mr. Tetzlaff Read More +

Yes Virginia-student Loans Can Be Discharged in Bankruptcy

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WITH DISCHARGE OF STUDENT LOANS IN BANKRUPTCY THE FACTS DETERMINE THE LAW PART ONE OF THREE PARTS By Jay Weller The mainstream media is reporting on a recent case pertaining to the Discharge of Student Loans in Bankruptcy, in which the Supreme Court elected to not hear on Appeal, as an indicator that Student Loans will remain essentially impossible to Discharge in Bankruptcy.  This reporting is misleading regarding the availability to Discharge Student Loans in Bankruptcy. For example, The Wall Street Journal Articles first sentence Read More +