Bankruptcy proceedings can have long-term benefits

Legal Insight 2021/07/22 11:24   Bookmark and Share
Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19

The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.

No matter your situation, the Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.

What Is Bankruptcy?

Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).

Two major types of Consumer Bankruptcy are Chapter 7 (liquidation or debt elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).

Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).

Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
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San Bernardino, California Criminal Defense Lawyers

Attorney News 2021/07/20 10:44   Bookmark and Share
At Bullard & Powell, we believe that every criminal case, just like the person being charged, is unique.

To that end, we do not view our cases as simply files to be worked on, but view them from the perspective of our clients.

We work closely with our clients to ensure the best possible result, with the highest level of service.

We view it as our responsibility to ease the stressful burden that comes with being accused of a crime.

We believe in personal, honest, one-on-one relationships with our clients. We only know one way to practice criminal defense and that is to treat every client as if they were our own family.

We handle a wide range of matters from DUI to white-collar crimes. San Bernardino Criminal Defense Law Firm. Each client can expect that any advice that is given and the service that is provided, would be the same advice and service that we would provide to our own family.
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Nepal’s Supreme Court reinstates dissolved lower house

Court News 2021/07/12 10:25   Bookmark and Share
Nepal’s Supreme Court reinstated the House of Representatives on Monday and upheld the leader of the opposition’s claim to be the new prime minister.

The 167-page court order removes Prime Minister Khadga Prasad Oli, who had been running a caretaker government until planned elections.

In May, Oli directed the president to dissolve the House of Representatives, Parliament’s lower house, and announce new elections later this year. The decision was challenged in the Supreme Court by a coalition of opposition parties that said they had the support of a majority in Parliament to form a new government.

The Supreme Court also ruled Monday that the reinstated House of Representatives should meet within a week, when the leader of the main opposition party, Sher Bahadur Deuba, is expected to call a vote of confidence.

There was no immediate comment from Oli’s office or his aides.

Hundreds of Oli’s supporters gathered outside the Supreme Court to oppose the court decision.

“We are here to protest the unconstitutional decision by the Supreme Court, which was interfering with the affairs of the Parliament and its rights,” said one of the protesters, Ramesh Acharya.

The protesters briefly scuffled with riot police who were able to push them back. There were no injuries or arrests.

More protests are likely later in the week because Oli still has significant support among the public.

It is the second time the Supreme Court has reinstated the House of Representatives this year after it was dissolved by Oli.

He had the House of Representatives dissolved in December and called for new elections in April, but that was rejected by the Supreme Court and the lower house was reinstated in February. Oli again had the president dissolve the House of Representatives in May with elections planned for November.

Oli became prime minister in 2018 after the Communist Party of Nepal won a majority of the seats in the House of Representatives. The party, however, has had two splits this year, weakening Oli’s hold on power.
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Michigan court won’t extend voting redistricting deadline

Court News 2021/07/09 10:45   Bookmark and Share
The Michigan Supreme Court on Friday denied a request to extend the deadline for drawing new legislative and congressional maps despite a delay in census redistricting data.

The Independent Citizens Redistricting Commission, whose members have been meeting since September 2020, asked the court in April to allow for more time to draw the maps.

The current deadline for an initial proposal is Sept. 17, but the U.S. Census Bureau does not expect to have tabulated data ready for the public until Sept. 30. The commission asserts that the census data is necessary to draw fair and lawful maps.

With its decision, the Supreme Court declined to protect the commission from lawsuits due to any delays. In a statement, justices acknowledged that the commission’s lawyers have already said the commission will operate on a delayed schedule, with or without permission.

The commission was established by voters in 2018 to limit gerrymandering by having randomly selected Michigan residents, representing balanced political alignments, draw voting district boundaries every 10 years instead of the Legislature. The release of census data was delayed from a March 31 deadline because of the pandemic.

The court acknowledged that it believes the commission has been working diligently and through no fault of its own has been put in a difficult position to present fair voting maps, but said there isn’t a sufficient legal reason to preemptively extend the deadline.

Lawyers for the commission and Secretary of State Jocelyn Benson have said they will try to propose new maps by Dec. 11 and have them finalized by Jan. 25, three months after the original Nov. 1 deadline set by the state’s constitution.
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Judge: Pretrial release OK for man accused in Capitol riot

Court News 2021/07/07 11:04   Bookmark and Share
Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that bans transgender athletes from competing in female sports in middle schools, high schools and colleges.

Education and athletic officials said in court documents filed last week that they can’t be held liable for the law, which they didn’t request and largely won’t be responsible for enforcing, the Charleston Gazette-Mail reported.

The American Civil Liberties Union and its West Virginia chapter filed the lawsuit in May on behalf of an 11-year-old transgender girl who had hoped to compete in cross country in middle school in Harrison County. The girl is seeking an injunction to prevent the law from being enforced.

The ban is set to take effect Thursday and will require the state Board of Education to establish rules to determine the means by which local athletic officials can enforce the law.

Attorneys for the West Virginia Board of Education and the West Virginia Secondary School Activities Commission argued that they can’t be held responsible for the law because they aren’t responsible for enforcing it.

Attorneys for Harrison County Schools said the district “was not responsible for and did not pass” the transgender athlete ban and has not caused harm to the girl.

“(The law) was not created by the County Board, and it is not under the County Board’s control,” the response said.

The U.S. Justice Department intervened in the case last month, saying the ban was a violation of federal law.
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Court refuses appeal of ex-Cleveland cop who shot Tamir Rice

Court News 2021/07/06 10:44   Bookmark and Share
The Ohio Supreme Court announced on Tuesday it would not consider an appeal over the firing of a white police officer who shot and killed 12-year-old Tamir Rice outside a Cleveland recreation center in 2014.

The appeal was filed in April by the Cleveland Police Patrolment’s Association on behalf former officer Timothy Loehmann. Cleveland fired Loehmann in 2017 not for killing Tamir, who was Black, but for providing false information on his job application. An arbitrator and a county judge upheld his firing.

A state appellate court earlier this year dismissed Loehmann’s appeal, citing the union’s failure to serve notice on outside attorneys hired by the city.

Loehmann, a rookie, shot Tamir within seconds of a cruiser skidding to a stop near a gazebo where the child had been sitting. Officers responded to a call from a man who said someone was waving a gun around. The man also told a dispatcher the gun could be a fake and the person might be a juvenile.

A state grand jury declined to indict Loehmann in Tamir’s shooting and, in December, federal authorities announced they would not bring federal criminal charges.

“I am glad that Loehmann will never have a badge and gun in Cleveland again,” Tamir’s mother, Samaria Rice, said in a statement issued Tuesday.

A message seeking comment was left with the Loehmann’s union attorney, Henry Hilow.
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