Some time ago, I wrote an article on whether or not a debtor had to make on-going mortgage payments through a chapter 13 plan. The article focused on when you might be required to make the house payment through the plan. In my district, the Eastern District of California, the general requirement is that if you [...]
January 6, 2009 07:43 pm
After reviewing the circumstances around food poisoning in five California prison inmates who drank illicit, homemade pruno, a group of health experts wants convicts across the country to be warned that jailhouse hooch carries the risk of botulism. Writing this month in a journal about emerging infectious diseases published by the U.S. Centers for Disease Control and Prevention, the officials said pruno is popular in prisons and that it is "somewhat surprising that botulism caused by pruno ...
January 6, 2009 07:22 pm
... injunctive relief. Wolfe County judge who ruled in the case - Judge Frank Allen Fletcher Appellant's attorneys: Stephen G. Allen, Jennifer Ellen Drust and Ashley W. Ward Appellee's attorneys: Christopher M. Davis and Brian Neal Thomas 10:45 AM 2008CA001811 MAIMOUNA BARRY v. U.S. AIRWAYS GROUP, INC. ET ... the appellant? Judge who ruled in the case - Judge John A. Gardner Appellant's attorney: William Daniel Nefzger Appellees' attorneys: Joel W. Aubrey, Dwight T. Lovan and Marcel Smith
January 6, 2009 06:36 pm

Obama Agenda for Home Loans

(Bankruptcy Law Network - Real Lawyers, Real Solutions)
The Obama transition has clarified its position on the modification of home loans in bankruptcy. Obama and Biden are calling for a change in the bankruptcy code to allow modification of the terms of loans on the debtor's primary residence. With the recent introduction of legislation by Senator Dick Durbin to modify the bankruptcy code, this [...]
January 6, 2009 05:27 pm

Photo Attorney Blog

(The Trademark Blog)
I apologize for not linking previously to the Photo Attorney Blog, which apparently has been around since February 2005.
January 6, 2009 04:28 pm

Tell Congress to Amend Chapter 13 of the Bankruptcy Code

(Bankruptcy Law Network - Real Lawyers, Real Solutions)
Today was the first day of the new Congress in Washington. And bankruptcy is on the front burner. A new law to amend the Bankruptcy Code, designed to fight foreclosures by allowing bankruptcy judges to erase some mortgage debt in chapter 13, was proposed today. Congressman Brad Miller, (D- N.C.) who introduced the bill says, "Economic conditions have [...]
January 6, 2009 03:21 pm

Help Your Attorney Help You

(South Mississippi Family Law Blog)
... will hurt you in the divorce. You have a moral duty to be completely truthful with your attorney. Trust me, if you're trying to hide something, it will come out ... interests. I got my divorce right after law school. Because I was a soon-to-be attorney, I thought I could represent myself. I agreed to some things that were not in my ... other words, you can do lots of things that will either eliminate the need for the attorney's staff to do them or, at least, reduce the amount of time they will spend ...
January 6, 2009 02:24 pm
... . Interesting comments. Note to self...don't sarcastically ask if after a day of yelling and fighting with your toddler is it ok to smother her, at least not on Twitter. Some humorless follower may call the cops. Hattip: Spin me I Pulsate Wow US Attorney Patrick Fitzgerald says you're guilty of something and we don't even have to have a trial. Man the kangaroos are jumping in Illinois. Dissenting Justice Darren Hutchinson says NO WAY. At least he believes there ought to be a trial. Keeping it ...
January 6, 2009 01:52 pm
... in Los Angeles. This news was kept fairly quite because he hired a Los Angeles DUI defense attorney who knew how to manage both the Southern California DUI case, as well as the publicity that sometimes follows a celebrity crime arrest. By ... attorney in Southern California you can increase your chances of successfully fighting your case. A Los Angeles DUI defense attorney, the actor is able to have his interests represented in an aggressive and sensitive manner. The reason that anyone arrested for ...
January 6, 2009 12:45 pm
Toward the end of last year our law firm settled a case for a man who suffered moderately severe injuries in a truck accident. The special circumstances that made this case somewhat complex was the fact that our client was in the course of his part-time employment at the time of the accident. The collision happened late at night while our client was in the course of making a delivery in a box truck. Without warning, a drunk driver hit our client's truck at a high speed. Because he was working, ...
January 6, 2009 12:38 pm
I had never heard of the Holder Memo and if it says even part of what the Heritage Foundation claims, it is a real problem for the possible Attorney General. var _sttoolbar = {}stBlogger.init('http://w.sharethis.com/widget/?tabs=web%2Cpost%2Cemail&charset=utf-8&style=default&publisher=313c32b8-3f31-4e33-b857-9c00b36186bc');
January 6, 2009 11:25 am
You don't have to stick up a bank to steal over a million dollars. Well, at least that is what the Manhattan District Attorney's Office is alleging in an indictment for Grand Larceny that was handed down against Robert Chiarappa. Mr. Chiarappa, along with ... scheduled to be arraigned in NY County Supreme Court on the Grand Larceny charges today. According to the Manhattan District Attorney's Office, Mr. Chiarappa was the purchasing agent for the John Galt Corporation and is alleged to have stolen $ ...
January 6, 2009 11:22 am
... said on Dec. 16 Madoff had a long meeting with prosecutors, the FBI, the Securities and Exchange Commission, and a lawyer for Lee Richards (currently the court-appointed receiver for Madoff's U.K.-based trading facility) at the U.S. attorney's office in Manhattan. (That could mean Madoff was giving information in a "proffer" session. Madoff's lawyers won't say.) When asked Monday if the government's motion to revoke Madoff's bail would put a crimp on the oft-mentioned "cooperation," Dickstein ...
January 6, 2009 10:58 am

FCRA Completely Preempts California's CCRAA

(Financial Institutions Law Blog)
Question: Does the federal Fair Credit Reporting Act preempt all actions filed under California's Consumer Credit Reporting Agency Act? Answer: Yes, according to the First District Court of Appeal, Division One, in Liceaga v. Debt Recovery Solutions, LLC (A120277), decided December 29, 2008. In this case, plaintiff Rebecca Liceaga's purse was stolen, and her identity was used to obtain a Sprint cell phone account. Although Liceaga had never done business with Sprint, when the thief failed to ...
January 6, 2009 10:44 am

FCRA Completely Preempts California's CCRAA

(Sheppard Mullin Financial Institutions Law Blog)
Question: Does the federal Fair Credit Reporting Act preempt all actions filed under California's Consumer Credit Reporting Agency Act? Answer: Yes, according to the First District Court of Appeal, Division One, in Liceaga v. Debt Recovery Solutions, LLC (A120277), decided December 29, 2008. In this case, plaintiff Rebecca Liceaga's purse was stolen, and her identity was used to obtain a Sprint cell phone account. Although Liceaga had never done business with Sprint, when the thief failed to ...
January 6, 2009 10:44 am
... the area. "They really do need to govern these streets a little more, add a light or two, a stop sign, something," Tops n' Bottoms owner said. If you or a loved one has been injured in a drunk driving accident, Sacramento Personal Injury Attorney Moseley Collins can help you. For the past 27 years, he has been helping victims like you receive what they are owed and need to recover and put their lives back together. Call the Law Office of Moseley Collins at 916-444-4444, or visit our website at ...
January 6, 2009 10:44 am

In Nebraska - UPDATED

(StandDown Texas Project)
... , all Democrats in the officially nonpartisan body, declined to participate in the survey. Both Gov. Dave Heineman and Attorney General Jon Bruning have voiced support for changing the mode of execution from the electric chair. Ten prisoners are ... department would devise the lethal recipe and administration of drugs to execute prisoners if the recommendation of Nebraska Attorney General Jon Bruning is followed. In a report released on Tuesday, Bruning recommends the department be given leeway to ...
January 6, 2009 10:36 am
Just when you thought hospital stories couldn't get any stranger… Seven New York state hospitals are being sued by New York AG Andrew Cuomo and U.S. Eastern District Attorney Benton Campbell for allegedly operating a $50 million dollar scheme, which...
January 6, 2009 10:22 am

Unjust Death Penalty

(StandDown Texas Project)
... court ruled today that Indiana can reinstate the death penalty against a convicted quadruple-killer. Last year, the 7th Circuit Court of Appeals in Chicago heard arguments about whether Joseph E. Corcoran's death sentence should be overturned. His attorneys questioned whether Corcoran was mentally competent when he waived his right to a court review of his death sentence for the 1997 fatal shootings of his brother and three other men at a home in Fort Wayne. Corcoran later recanted that decision ...
January 6, 2009 10:18 am
... , in the LA Times, he turns to Blago and Burris. Dean Chemerinsky begins: "Like it or not, Illinois Gov. Rod R. Blagojevich has the legal authority to appoint Roland Burris to the U.S. Senate, and Burris, the state's former attorney general, should be allowed to take the seat vacated by President-elect Barack Obama. Senate Democrats are on weak constitutional ground in trying to deny a seat to a properly selected individual. Their claim to the power to exclude a lawfully chosen senator could ...
January 6, 2009 10:14 am