226 entries in 'Legal Business'
2021/01/18   Groups ask court to restore protections for US gray wolves
2021/01/10   Louisiana Supreme Court has a new chief justice, John Weimer
2020/12/10   High court rejects GOP bid to halt Biden’s Pennsylvania win
2020/11/23   Trump's legal team cried vote fraud, but courts found none
2020/11/15   Chapter 7 bankruptcy - The Bankruptcy Means Test
2020/11/10   GOP tries again to get high court to ax health care law
2020/11/02   Legal armies ready if cloudy election outcome heads to court
2020/09/26   Ginsburg makes history at Capitol amid replacement turmoil
2020/09/19   Supreme Court Justice Ruth Bader Ginsburg dies at 87
2020/07/14   New Orleans councilman, attorney plead not guilty to fraud
2020/07/03   High court won't hear abortion clinic 'buffer zone' cases
2020/06/13   International Criminal Court condemns US sanctions order
2020/05/30   Supreme Court rejects challenge to limits on church services
2020/05/12   Supreme Court appears likely to reject Trump immunity claim
2020/05/07   Ginsburg, from hospital, joins in on 'Obamacare' arguments
2020/04/12   Texas clinics ask Supreme Court to abortions during pandemic
2020/03/22   Court affirms conviction in hot-grease injuries to wife
2020/03/17   Australian highest court to rule on Cardinal’s appeal later
2020/02/22   Arkansas candidate's political ties targeted in court race
2020/02/20   Florida can’t bar felons who served their time from registering to vote
2020/02/10   Ruling ends court fight over merger of 2 school districts
2020/01/30   Wood County commissioner reprimanded by Supreme Court
2020/01/11   Former IAAF president’s corruption trial opens in Paris
2020/01/08   Greek court postpones retrial in US tourist's beating death
2019/12/29   Court: Washington drivers must use turn signals to turn
2019/12/24   Roberts will tap his inner umpire in impeachment trial
2019/12/18   Protests of Indian law grow despite efforts to contain them
2019/12/14   Kansas Supreme Court getting new member, new chief justice
2019/11/25   Supreme Court says Ginsburg released from hospital
2019/11/16   EU court refers doubts on Polish judiciary to national court
2019/10/20   The Latest: EU Parliament to be flexible on ratifying Brexit
2019/10/18   Supreme Court takes up case over quick deportations
2019/10/13   Arkansas judge: Court to hear 19 adoption scheme cases
2019/09/30   Egypt court asks religious figure to weigh in on sentences
2019/09/26   Transgender woman in Supreme Court case 'happy being me'
2019/09/22   Bulgarian court to eye revoking parole for Australian man
2019/08/30   Brazil court overrules Rio mayor on gay kiss book ban
2019/08/22   K-Global @ SiliconValley - Future is on 5G
2019/08/16   Mexico high court to Health officials: Regulate medical pot
2019/08/12   Gun-control backers concerned about changing federal courts
2019/08/10   Supreme Court rebuffs Alabama officer charged with murder
2019/07/27   Cyprus police frees 5 Israelis, 7 held in hotel rape probe
2019/07/05   Swedish court detains rapper A$AP Rocky on assault charge
2019/06/20   Supreme Court upholds cross on public land in Maryland
2019/06/17   High court avoids new case over same-sex wedding case
2019/05/20   Former Nissan chairman Ghosn appears in Tokyo court
2019/05/14   Supreme Court conservatives attack lame-duck arguments
2019/04/30   EPA reaffirms glyphosate safe for users as court cases grow
2019/04/26   Kansas court bolsters abortion rights, blocks ban
2019/04/23   Myanmar court rejects appeal of jailed Reuters reporters
2019/04/15   6 appear in court on charges they sent mosque attack images
2019/04/06   Parkland sheriff removal case heads to Florida Supreme Court
2019/03/28   Group takes oil refinery fight to North Dakota's high court
2019/03/25   High court won’t referee dispute over Michael Jordan images
2019/03/19   DC-area sniper shootings case to have Supreme Court hearing
2019/02/20   Florida school shooting suspect due back in court
2019/02/13   Court case to tackle jails' medication-assisted treatment
2019/01/01   Court extends detention for Nissan ex-chair Ghosn by 10 days
2018/12/22   NC court: Counties not responsible for school underfunding
2018/12/19   Human rights court rules against Greece in Sharia law case
2018/12/04   EU court adviser: Britain could change its mind on Brexit
2018/11/24   Government asks high court to hear transgender military case
2018/10/12   Manhattan DA drops part of Weinstein case
2018/10/11   Supreme Court wrestles with case on detention of immigrants
2018/09/14   Court: British surveillance violates European law
2018/09/07   Court: No review of 100-year sentence for attempted murders
2018/08/28   German court mulls jail for some over Munich air pollution
2018/08/13   Court: EPA violated law on harmful pesticide, orders ban
2018/08/08   Child remains found at New Mexico compound, man due in court
2018/08/01   Officer involved in militia leader's death named in court
2018/07/24   Top court: Social media posts violate no-contact order
2018/07/06   The Latest: Trump promises 'great' pick for Supreme Court
2018/07/06   The Latest: Trump promises 'great' pick for Supreme Court
2018/06/10   Kansas Supreme Court sends DNA request back to lower court
2018/06/06   Congressional Dems take Trump to court over foreign favors
2018/06/03   High Court Rules in Dispute Over Immigrant Teen's Abortion
2018/06/02   Romania: Court tells president to fire anti-graft prosecutor
2018/05/27   The Latest: Colorado governor announces Supreme Court pick
2018/05/25   Court: Montana minimizes impact of mining near Yellowstone
2018/05/07   Court asked to toss more cases tied to drug lab scandal
2018/04/29   Bakery appeals to UK Supreme Court in gay-rights cake case
2018/04/25   Court won't reconsider making public family slain autopsies
2018/04/23   Lake County courts to switch to online filing system in May
2018/04/08   Indian court grants bail to Bollywood superstar Salman Khan
2018/03/22   Courts weighing numerous challenges to political boundaries
2018/03/05   Philippine gov't asks Supreme Court to expel chief justice
2018/02/23   Pennsylvania congressional map battle lands in Supreme Court
2018/02/11   Find Lawyers, Law Firms & Legal Services
2018/01/29   Malaysia's top court annuls unilateral conversions of minors
2018/01/28   Top Pakistani court orders arrest of escaped police officer
2018/01/24   Court rules Puigdemont must return to Spain for re-election
2018/01/18   Court halts execution of Alabama inmate with dementia
2017/12/28   State high court won't hear Mateen Cleaves sex assault case
2017/12/22   Ohio court to hear big online school's funding case Feb. 13
2017/12/21   Ohio court indefinitely suspends law license of ex-judge
2017/12/04   Russian court keeps theater director under house arrest
2017/12/04   Asbestos Court to resolve hundreds of claims
2017/11/16   Free Speech Is Starting to Dominate the US Supreme Court's Agenda
2017/11/16   Court gives go-ahead for minimum alcohol price in Scotland
2017/11/03   Telescope permit decision appealed to Hawaii Supreme Court
2017/10/30   Court: No right to copy court reporter’s recordings
2017/10/26   Court gives government a win in young immigrants' cases
2017/10/14   Court agrees to take on US-Microsoft dispute over emails
2017/10/01   Supreme Court declines Michigan emergency manager law case
2017/09/24   Protests continue at Spanish court over secession arrests
2017/09/11   Chicago's lawsuit over sanctuary city threat goes to court
2017/09/07   Supreme Court's Kagan says Scalia death forced compromises
2017/08/30   Dispute over rights to Tom Clancy's Jack Ryan goes to court
2017/08/20   Court file: Michigan girl who killed toddler heard voices
2017/08/18   Kentucky governor, attorney general clash before high court
2017/08/14   Wyoming raises court fees for courtroom technology updates
2017/08/03   Personal Injury Website Design by Web Promo, Inc.
2017/07/18   Kansas faces skeptical state Supreme Court on school funding
2017/07/11   Supreme Court deadline nears for suit over wetland loss
2017/07/07   More court challenges expected for Trump's new travel ban
2017/06/21   EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
2017/06/21   High Court ruling may hurt claims of talc link to cancer
2017/06/15   Groups sue seeking court oversight of Chicago police reforms
2017/06/06   Court to hear challenge to speed up California executions
2017/06/03   Trump admin asks Supreme Court to restore travel ban
2017/05/29   Court: Russian hacker can be extradited to US or Russia
2017/05/22   Former Maricopa County Sheriff Joe Arpaio loses another round in court
2017/05/15   Court likely to question if Trump's travel ban discriminates
2017/05/13   South Dakota and Flandreau Santee Sioux tribe clash in court
2017/05/10   Man arrested near UK Parliament in court on terror charges
2017/05/06   Indiana high court rejects appeal in malnourished teen case
2017/05/05   Trump 'absolutely' considered breaking up 9th Circuit Court
2017/05/01   Indiana high court to take up police unreasonable force case
2017/04/29   4th Arkansas inmate executed in 8 days lurches on gurney
2017/04/26   Judge W. Brent Powell Appointed to Missouri Supreme Court
2017/04/22   White officer headed to court ahead of civil rights trial
2017/04/04   Arkansas asks court to block order on execution drugs
2017/03/30   S Korea's Park questioned at court hearing on arrest request
2017/03/06   Oklahoma tribe sues oil companies in tribal court over quake
2017/02/12   Partisan struggle over NC governor's authority back in court
2017/01/05   Appeals court: Minnesota sex offender program constitutional
2016/12/05   Alabama inmate seeks execution stay from US Supreme Court
2016/10/28   Ted Cruz's Supreme Court remark draws White House criticism
2016/10/24   High court steps into fight on Vanderbilts' Breakers mansion
2016/10/19   As time runs out, dozens of judge nominees waiting on Senate
2016/10/17   Lithuania wants Gorbachev to testify in war crimes trial
2016/10/14   Free-speech rights of panhandlers argued in court
2016/09/28   Suspected people smuggler charged in Australian court
2016/09/12   Appeals court sympathetic to voting rules challenge
2016/08/23   Court considers Kansas rule that voters prove citizenship
2016/07/14   Appeals court orders Utah to fund Planned Parenthood branch
2016/07/13   Kyrgyzstan sends case of jailed journalist back to court
2016/07/12   Candidate filing begins Monday for appeals court seat
2016/06/09   Bollywood filmmaker challenges censoring of drug-abuse film
2016/06/07   High court rejects Google's appeal in class action lawsuit
2016/05/11   Planned Parenthood shooting defendant returning to court
2016/04/15   Obama's power over immigration drives Supreme Court dispute
2016/04/06   New York's top court: Parents can legally eavesdrop on kids
2016/03/24   Karadzic convicted of genocide, sentenced to 40 years
2016/03/15   White S.C. trooper pleads guilty in shooting of unarmed black man
2016/02/25   Court records: Apple's help sought in another iPhone case
2016/02/10   Supreme Court puts Obama's climate change plan on hold
2016/01/12   High court rejects appeal over Homeland Security records
2015/12/18   Japan court says requiring same surname in marriage is legal
2015/12/03   Court papers: Witness ID'd man in playground shooting
2015/11/17   Ruling gives Sandusky back $4,900-a-month Penn State pension
2015/11/07   Mississippi Supreme Court narrowly grants same-sex divorce
2015/11/02   California appeals court rejects right-to-die lawsuit
2015/10/16   Court again considers fate of seized gold coins worth $80M
2015/09/30   El Paso abortion clinic reopens amid Texas court battles
2015/09/23   Court suspends Pennsylvania attorney general's law license
2015/09/22   Court quashes some District of Columbia gun laws
2015/09/04   Clerk in gay marriage case to appear in federal court
2015/08/01   Federal report finds bias in St. Louis County family court
2015/07/28   Zimbabweans linked to illegal lion hunt appear in court
2015/07/22   Crimean Filmmaker Pleads Not Guilty in Terrorism Trial
2015/07/20   Wife says Chinese rights lawyer being denied legal counsel
2015/06/04   Brazil court convicts 2 firefighters in nightclub fire
2015/06/01   High court: Bankrupt homeowners can't void second mortgage
2015/03/31   Court rejects Duncan's death sentence appeal
2015/01/12   High court won't hear challenge to Vermont campaign law
2014/11/08   New York International Criminal Law Attorney
2014/09/04   Texas abortion clinic to reopen after court ruling
2014/07/11   Apple wins EU court case on store design trademark
2014/04/15   SC Supreme Court hears appeal in fatal dog attack
2014/03/05   Court: Broad protection for whistleblowers
2014/02/13   Nevada Officials Won't Defend Gay Marriage Ban
2014/01/27   Lawmakers push back against Washington high court
2014/01/20   Texas Supreme Court limits insurance exclusions
2014/01/06   Supreme Court Puts Utah Same-Sex Marriage on Hold
2013/12/23   Gay couples wed in Utah after judge overturns ban
2013/12/12   Court: Exec guilty over faulty French implants
2013/12/02   Seattle lawyer left $188 million charitable trust
2013/11/19   Spain court rejects handing pedophile to Morocco
2013/11/08   High court wrestles with prayer in government
2013/11/02   The Mavroudis & Guarino Litigation Group
2013/08/26   SC trial lawyer Ron Motley dies at age 68
2013/08/06   Federal court officials fear budget cuts
2013/07/13   Iowa top court: Firing of attractive aide is legal
2013/06/04   US Supreme Court orders 6 death row cases reviewed
2013/05/14   Court dismisses lawsuits in power plant deaths
2013/01/18   Lawyer questions memory of Philadelphia accuser
2013/01/10   Court weighs warrantless blood tests in DUI cases
2012/10/27   Fla. to execute mass killer after court lifts stay
2012/10/19   Supreme Court views not 'liberal or conservative'
2012/10/08   Ex-NFL WR Hurd pleads not guilty to new charges
2012/09/29   Federal court upholds Texas open meetings law
2012/09/20   MacDonald goes to court in 'Fatal Vision' case
2012/09/05   W.Va. court hears 'rescue' funding arguments
2012/08/29   Ohio man pleads not guilty to Pitt threat charges
2012/08/22   Appeals court affirms oil company polar bear rules
2012/08/08   Appeals court affirms that cheering is not a sport
2012/08/03   Court spurns religious claim to name change
2012/07/20   Goldman agrees to settle mortgage debt class action
2012/05/07   Fed court reverses order for VA system overhaul
2012/01/31   Bernstein Liebhard LLP Announces Class Action
2011/07/11   Law Firm To Collect $35M In Forfeited Bonds
2011/05/05   Nevada Supreme Court hosting Law Day Live program
2011/04/27   Conn. high court hears death penalty appeal
2011/03/10   Lawyer-legislator says ethics opinion clears Prattville lawmaker
2011/02/02   Too big to stop? Obama's overhaul lumbers on
2010/01/05   UW Madison's patenting arm wins lawsuit
2009/11/23   Lawsuit: Botched Diagnosis Led to 30-Year-Old New York Teacher's Brain Hemorrhage Death
2009/09/21   Microsoft Lawsuit Shows Malicious Advertising a Growing Issue
2008/10/24   GOP argument: Don't give President Obama a blank check
2008/03/19   Mayor Addresses Philadelphia Bar Association
2008/03/09   Upcoming NY Events in the Legal Community
2008/02/29   Upcoming Events in the NY Legal Community
2008/02/28   National Institute on White Collar Crime March 5-7
2008/02/27   Advanced Negotiation & Dispute Resolution Seminar
2008/02/26   Brooklyn Bar Assoc. Hosts New Appellate Justices


Groups ask court to restore protections for US gray wolves
Legal Business | 2021/01/18 04:03
Wildlife advocates on Thursday asked a federal court to overturn a U.S. government decision that stripped Endangered Species Act protections for wolves across most of the nation.

Two coalitions of advocacy groups filed lawsuits in U.S. District Court in Northern California seeking to restore safeguards for a predator that is revered by wildlife watchers but feared by many livestock producers.

The Trump administration announced just days ahead of the Nov. 3 election  that wolves were considered recovered. They had been wiped out out across most of the U.S. by the 1930s under government-sponsored poisoning and trapping campaigns.

A remnant population in the western Great Lakes region has since expanded to some 4,400 wolves in Michigan, Minnesota and Wisconsin.

More than 2,000 occupy six states in the Northern Rockies and Pacific Northwest after wolves from Canada were reintroduced in Idaho and Yellowstone National Park starting in 1995. Protections for wolves in the Rockies were lifted over the last decade and hunting of them is allowed.

But wolves  remain absent across most of their historical range  and the groups that filed Thursday’s lawsuits said continued protections are needed so wolf populations can continue to expand in California and other states.

The lawsuits could complicate an effort to reintroduce wolves in sparsely populated western Colorado under a November initiative approved by voters, a state official told wildlife commissioners Thursday. If endangered species protections were restored, wolves would again fall under authority of the federal government, not the state.

In response to the lawsuits, U.S. Fish and Wildlife Service spokeswoman Vanessa Kauffman said in a statement that the gray wolf “has exceeded all conservation goals for recovery” and is no longer threatened or endangered under federal law.

Some biologists who reviewed the administration’s plan to strip protections from wolves said it lacked scientific justification.

Plaintiffs in the lawsuits include the Sierra Club, WildEarth Guardians, Humane Society of the U.S. and numerous other environmental and advocacy groups.

A small population of Mexican gray wolves in the Southwest remain protected as an endangered species. Wolves in Alaska were never under federal protection.


Louisiana Supreme Court has a new chief justice, John Weimer
Legal Business | 2021/01/10 19:50
The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.

“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”

The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.

“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.

The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.

Weimer ran as a Democrat through 2002, but without party affiliation in 2012.

His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.



High court rejects GOP bid to halt Biden’s Pennsylvania win
Legal Business | 2020/12/10 00:39
The Supreme Court on Tuesday rejected Republicans’ last-gasp bid to reverse Pennsylvania’s certification of President-elect Joe Biden’s victory in the electoral battleground.

The court without comment refused to call into question the certification process in Pennsylvania. Democratic Gov. Tom Wolf already has certified Biden’s victory over President Donald Trump and the state’s 20 electors are to meet on Dec. 14 to cast their votes for Biden.

In any case, Biden won 306 electoral votes, so even if Pennsylvania’s results had been in doubt, he still would have more than the 270 electoral votes needed to become president. The court’s decision not to intervene came in a lawsuit led by Republican U.S. Rep. Mike Kelly of northeastern Pennsylvania and GOP congressional candidate and Trump favorite Sean Parnell, who lost to Pittsburgh-area U.S. Rep. Conor Lamb, a Democrat.

“Even Trump appointees & Republicans saw this for what it was: a charade,” Lamb said on Twitter.

In court filings, lawyers for Pennsylvania and Gov. Tom Wolf, a Democrat, had called the lawsuit’s claims “fundamentally frivolous” and its request “one of the most dramatic, disruptive invocations of judicial power in the history of the Republic.”

“No court has ever issued an order nullifying a governor’s certification of presidential election results,” they wrote.

Republican U.S. Sen. Ted Cruz of Texas had offered to argue the case, if the high court took it.

Having lost the request for the court to intervene immediately, Greg Teufel, a lawyer for Kelly and Parnell, said he will file a separate request to ask the court to consider the case on its underlying merits on an expedited basis.

Still, hopes for immediate intervention concerning the Nov. 3 election “substantially dimmed” with the court’s action Tuesday, Teufel said.

“But by no way is this over,” Kelly said on Fox News. Republicans had pleaded with the justices to intervene immediately after the state Supreme Court turned away their case last week.

The Republicans argued that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions. Just one Republican state lawmaker voted against its passage last year in Pennsylvania’s Republican-controlled Legislature.

Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016. Most mail-in ballots were submitted by Democrats.

The state’s high court said the plaintiffs waited too long to file the challenge and noted the Republicans’ staggering demand that an entire election be overturned retroactively.

In the underlying lawsuit, Kelly, Parnell and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.


Trump's legal team cried vote fraud, but courts found none
Legal Business | 2020/11/23 08:36
As they frantically searched for ways to salvage President Donald Trump's failed reelection bid, his campaign pursued a dizzying game of legal hopscotch across six states that centered on the biggest prize of all: Pennsylvania.

The strategy may have played well in front of television cameras and on talk radio. But it has proved a disaster in court, where judges uniformly rejected their claims of vote fraud and found the campaign's legal work amateurish.

In a ruling late Saturday, U.S. District Judge Matthew Brann ? a Republican and Federalist Society member in central Pennsylvania ? compared the campaign's legal arguments to “Frankenstein's Monster,” concluding that Trump's team offered only “speculative accusations," not proof of rampant corruption.

Now, as the legal doors close on Trump's attempts to have courts do what voters would not do on Election Day and deliver him a second term, his efforts in Pennsylvania show how far he is willing to push baseless theories of widespread voter fraud.

It was led by Rudy Giuliani, Trump's personal lawyer, who descended on the state the Saturday after the Nov. 3 election as the count dragged on and the president played golf. Summoning reporters to a scruffy, far-flung corner of Philadelphia on Nov. 7, he held forth at a site that would soon become legendary: Four Seasons Total Landscaping.

Just heating up was Trump’s plan to subvert the election through litigation and howls of fraud ? the same tactic he had used to stave off losses in the business world. And it would soon spread far beyond Pennsylvania.

“Some of the ballots looked suspicious,” Giuliani, 76, said of the vote count in Philadelphia as he stood behind a chain link fence, next to a sex shop. He maligned the city as being run by a “decrepit Democratic machine.”

“Those mail-in ballots could have been written the day before, by the Democratic Party hacks that were all over the convention center,” Giuliani said. He promised to file a new round of lawsuits. He rambled.

“This is a very, very strong case,” he asserted. Justin Levitt, a Loyola Law School professor who specializes in election law, called the Trump lawsuits dangerous.

“It is a sideshow, but it’s a harmful sideshow," Levitt said. “It’s a toxic sideshow. The continuing baseless, evidence-free claims of alternative facts are actually having an effect on a substantial number of Americans. They are creating the conditions for elections not to work in the future.”


Chapter 7 bankruptcy - The Bankruptcy Means Test
Legal Business | 2020/11/15 12:04
The means test makes it so that not everyone can simply file for bankruptcy and wipe out their debts. Those with a high amount of disposable income do not qualify. You will need to determine how your household income compares to the median in your state. If it is less, then you automatically qualify. If it is above the median, then you need to calculate your disposable income, which can get complicated.

When we calculate the means test, the formula allows certain amounts of expenses, and then the test calculates how much money you have left over. If it is higher than a certain amount, then you fail the means test. But, when we complete the means test, there are many items which vary for each person. We will use our experience to give you the best possible result to see if you qualify. It’s not simply plugging in a few numbers.

However, even if you do not qualify for Chapter 7 bankruptcy, you may still qualify for Chapter 13 bankruptcy, and the means test will determine how much of your debt you are required to pay back.

Chapter 7 for Individuals/

Chapter 7 bankruptcy is a good option for consumers who simply have too much debt and can not keep up with payments. They may have lost their job or come across unexpected expenses, such as medical bills or car repairs. If you take the means test and your income is below the median, then you qualify for Chapter 7 bankruptcy. If you want a fresh start, but do not have a regular income, Chapter 7 can wipe out the majority of your debts.

In this type of bankruptcy, we will consult with you to see what you own, and who you owe. We will then review your entire situation so that you know exactly what we expect will happen. In most cases, people can keep their house, car, and other household goods, and eliminate their unsecured debts.

A Trustee is assigned to review your case to see if you own more than you can protect. If you own more than what you are allowed to protect, the trustee may sell your assets, and use the proceeds to pay your debts. This happens in a very small number of cases.

Chapter 7 bankruptcy will wipe out unsecured debts such as credit card bills and medical bills. You are still on the hook for certain debts, such as tax debt, child support, alimony, and student loan debt. For student loan debt, you might be able to discharge that debt if you can prove that you have a permanent injury or illness that will prevent you from paying back your student loan debt. (Called the “Bruner” or “undue hardship” standard) Any attempt to discharge student loans are done in a separate and very difficult court proceeding.


GOP tries again to get high court to ax health care law
Legal Business | 2020/11/10 17:06
A week after the 2020 election, Republican elected officials and the Trump administration are advancing their latest arguments to get rid of the Affordable Care Act, a long-held GOP goal that has repeatedly failed in Congress and the courts. In arguments scheduled for Tuesday, the Supreme Court will hear its third major fight over the 10-year-old law, popularly known as “Obamacare.” Republican attorneys general in 18 states and the administration want the whole law to be struck down, which would threaten coverage for more than 23 million people.

It would wipe away protections for people with preexisting medical conditions, subsidized insurance premiums that make coverage affordable for millions of Americans and an expansion of the Medicaid program that is available to low-income people in most states. California is leading a group of Democratic-controlled states that is urging the court to leave the law in place.

The case comes to a court that now has three justices appointed by President Donald Trump: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett,  who joined the court late last month following her hurried nomination and confirmation to replace the late Justice Ruth Bader Ginsburg. The three Trump appointees have never ruled on the substance of the health care law. Barrett, though, has been critical of the court’s earlier major health care decisions sustaining the law, both written by Chief Justice John Roberts.

The Supreme Court could have heard the case before the election, but set arguments for a week after. The timing could add a wrinkle to the case since President-elect Joe Biden strongly supports the health care law.

The case turns on a change made by the Republican-controlled Congress in 2017 that reduced the penalty for not having health insurance to zero. Without the penalty, the law’s mandate to have health insurance is unconstitutional, the GOP-led states argue.

If the mandate goes, they say, the rest of the law should go with it because the mandate was central to the law’s passage. But enrollment in the law’s insurance markets stayed relatively stable at more than 11 million people, even after the effective date of the penalty’s elimination in 2019. According to the nonpartisan Kaiser Family Foundation, enrollment dropped by about 300,000 people from 2018 to 2019. Kaiser estimates 11.4 million people have coverage this year.

Another 12 million people have coverage through the law’s Medicaid expansion. The legal argument could well turn on the legal doctrine of severability, the idea that the court can excise a problematic provision from a law and allow the rest of it to remain in force. The justices have done just that in other rulings in recent years.

But in the first big ACA case in 2012, Justices Samuel Alito and Clarence Thomas voted to strike down the whole law. Roberts and Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor have voted to uphold it. A limited ruling would have little real-world consequences. The case could also be rendered irrelevant if the new Congress were to restore a modest penalty for not buying health insurance. A decision is expected by late spring.



Legal armies ready if cloudy election outcome heads to court
Legal Business | 2020/11/02 20:42
Signature matches. Late-arriving absentee votes. Drop boxes. Secrecy envelopes. Democratic and Republican lawyers already have gone to court over these issues in the run-up to Tuesday’s election. But the legal fights could take on new urgency, not to mention added vitriol, if a narrow margin in a battleground state is the difference between another four years for President Donald Trump or a Joe Biden administration.

Both sides say they’re ready, with thousands of lawyers on standby to march into court to make sure ballots get counted, or excluded.  Since the 2000 presidential election, which was ultimately decided by the Supreme Court, both parties have enlisted legal teams to prepare for the unlikely event that voting wouldn’t settle the contest. But this year, there is a near presumption that legal fights will ensue and that only a definitive outcome is likely to forestall them.

The candidates and parties have enlisted prominent lawyers with ties to Democratic and Republican administrations. A Pennsylvania case at the Supreme Court pits Donald Verrilli, who was President Barack Obama’s top Supreme Court lawyer, against John Gore, a onetime high-ranking Trump Justice Department official.

It’s impossible to know where, or even if, a problem affecting the ultimate result will arise. But existing lawsuits in Pennsylvania, North Carolina, Minnesota and Nevada offer some hint of the states most likely to be ground zero in a post-election battle and the kinds of issues that could tie the outcome in knots.

Roughly 300 lawsuits already have been filed over the election in dozens of states across the country, many involving changes to normal procedures because of the coronavirus pandemic, which has killed more than 230,000 people in the U.S. and sickened more than 9 million.

Most of the potential legal challenges are likely to stem from the huge increase in absentee balloting brought on by the coronavirus pandemic. In Pennsylvania, elections officials won’t start processing those ballots until Election Day, and some counties have said they won’t begin counting those votes until the following day. Mailed ballots that don’t come inside a secrecy envelope have to be discarded, under a state Supreme Court ruling.

“I still can’t figure how counting and verifying absentee ballots is going to go in some of the battleground states like Pennsylvania,” said Ohio State University law professor Edward Foley, an election law expert.

The deadline for receiving and counting absentee ballots is Friday, an extension ordered by the Pennsylvania’s top court. The Supreme Court left that order in place in response to a Republican effort to block it. But several conservative justices indicated they’d be open to taking the issue up after the election, especially if those late-arriving ballots could mean the difference in the state.


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