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Chapter 7 bankruptcy - The Bankruptcy Means Test
Legal Interview | 2020/11/14 20:07
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.


Int'l court: Hezbollah member guilty in Lebanon ex-PM death
Legal Interview | 2020/08/18 10:17
A U.N.-backed tribunal on Tuesday convicted one member of the Hezbollah militant group and acquitted three others of involvement in the 2005 assassination of former Lebanese Prime Minister Rafik Hariri.

The Special Tribunal for Lebanon said Salim Ayyash was guilty as a co-conspirator of five charges linked to his involvement in the suicide truck bombing. Hariri and 21 others were killed and 226 were wounded in a huge blast outside a seaside hotel in Beirut on Feb. 14, 2005.

However, after a years-long investigation and trial, three other Hezbollah members were acquitted of all charges that they also were involved in the killing of Hariri, which sent shock waves through the Mideast.

None of the suspects were ever arrested and were not in court to hear the verdicts.

The tribunal’s judges also said there was no evidence the leadership of the Hezbollah militant group and Syria were involved in the attack, despite saying the assassination happened as Harairi and his political allies were discussing calling for an “immediate and total withdrawal of Syrian forces from Lebanon,” Presiding Judge David Re said.

When launched in the wake of the attack, the tribunal raised hopes that for the first time in multiple instances of political violence in Lebanon, the truth of what happened would emerge and those responsible would be held to account.

But for many in Lebanon, the tribunal failed on both counts. Many of the suspects, including the man convicted Tuesday, are either dead or out of reach of justice. And the prosecution was unable to present a cohesive picture of the bombing plot or who ordered it.

The verdicts come at a particularly sensitive time for Lebanon, following the devastating explosion at the Port of Beirut two weeks ago, and as many in Lebanon are calling for an international investigation into that explosion.



Appeals court revives House lawsuit for McGahn's testimony
Legal Interview | 2020/08/06 12:37
A federal appeals court in Washington on Friday revived House Democrats' lawsuit to force former White House counsel Don McGahn to appear before a congressional committee, but left other legal issues unresolved with time growing short in the current Congress.

The full U.S. Court of Appeals for the District of Columbia Circuit voted 7-2 in ruling that the House Judiciary Committee can make its claims in court, reversing the judgment of a three-judge panel that would have ended the court fight.

The matter now returns to the panel for consideration of other legal issues. The current House of Representatives session ends on Jan. 3. That time crunch means “the chances that the Committee hears McGahn’s testimony anytime soon are vanishingly slim," dissenting Judge Thomas Griffith wrote. Judge Karen LeCraft Henderson also dissented.

The Judiciary Committee first subpoenaed McGahn in April 2019 as it examined potential obstruction of justice by President Donald Trump during special counsel Robert Mueller’s Russia investigation. Trump directed McGahn not to appear and the Democratic-led panel filed a federal lawsuit to force McGahn to testify.

A trial judge ruled in November that the president’s close advisers do not have the absolute immunity from testifying to Congress that the administration claimed. Griffith and Henderson formed the majority when the appellate panel said in February that the Constitution forbids federal courts from refereeing this kind of dispute between the other two branches of government.

On Friday, the full court said the panel reached the wrong decision. Lawmakers can ask the courts “for judicial enforcement of congressional subpoenas when necessary," Judge Judith Rogers wrote. Congress needs detailed information about the executive branch for both oversight and impeachment, she wrote.

House lawmakers had sought McGahn’s testimony because he was a vital witness for Mueller, whose report detailed the president’s outrage over the investigation into Russian interference in the 2016 election and Trump’s efforts to curtail it.

In interviews with Mueller’s team, McGahn described being called at home by the president on the night of June 17, 2017, and being directed to call the Justice Department and say Mueller had conflicts of interest and should be removed. McGahn declined the command, deciding he would resign rather than carry it out, the report said.



German court convicts former concentration camp guard, 93
Legal Interview | 2020/07/24 12:54
A German court on Thursday convicted a 93-year-old former SS private of being an accessory to murder at the Stutthof concentration camp, where he served as a guard in the final months of World War II. He was given a two-year suspended sentence.

Bruno Dey was convicted of 5,232 counts of accessory to murder by the Hamburg state court, news agency dpa reported. That is equal to the number of people believed to have been killed at Stutthof during his service there in 1944 and 1945. He also was convicted of one count of accessory to attempted murder.  “How could you get used to the horror?” presiding judge Anne Meier-Goering asked as she announced the verdict.

Because he was only 17, and later 18, at the time of his alleged crimes, Dey’s case was heard in juvenile court. Prosecutors had called for a three-year sentence, while the defense sought acquittal. The trial opened in October. Because of Dey’s age, court sessions were limited to two, two-hour sessions a week. Additional precautions also were taken to keep the case going through the height of the coronavirus pandemic.

In a closing statement earlier this week, the wheelchair-bound German retiree apologized for his role in the Nazis’ machinery of destruction, saying “it must never be repeated.” “Today, I want to apologize to all of the people who went through this hellish insanity,” Dey told the court.

For at least two decades, every trial of a former Nazi has been dubbed “likely Germany’s last.” But just last week, another ex-guard at Stutthof was charged at age 95. A special prosecutors’ office that investigates Nazi-era crimes has more than a dozen ongoing investigations.

That’s due in part to a precedent established in 2011 with the conviction of former Ohio autoworker John Demjanjuk as an accessory to murder on allegations that he served as a guard at the Sobibor death camp in German-occupied Poland. Demjanjuk, who steadfastly denied the allegations, died before his appeal could be heard.


Supreme Court upholds cellphone robocall ban
Legal Interview | 2020/07/04 10:04
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones.

The case, argued by telephone in May because of the coronavirus pandemic, only arose after Congress in 2015 created an exception in the law that allowed the automated calls for collection of government debt.

Political consultants and pollsters were among those who asked the Supreme Court to strike down the entire 1991 law that bars them from making robocalls to cellphones as a violation of their free speech rights under the Constitution. The issue was whether, by allowing one kind of speech but not others, the exception made the whole law unconstitutional.

Six justices agreed that by allowing debt collection calls to cellphones Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment,” Justice Brett Kavanaugh wrote. And seven justices agreed that the 2015 exception should be stricken from the law.

“Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,” Kavanaugh noted at the outset of his opinion.

During arguments in the case in May, Justice Stephen Breyer got cut off when someone tried calling him. Breyer said after he rejoined the court’s arguments: “The telephone started to ring, and it cut me off the call and I don’t think it was a robocall.”


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