Tuesday, January 15, 2013

GOOD MORNING FLINT ! 01/15/13

GOOD MORNING FLINT! date 01/15/13
see http://www.mlive.com/news/flint/index.ssf/2013/01/flint_city_council_to_ask_for.html#incart_river

By Terry R. Bankert [trb] terry@attorneybankert.com
www.attorneybankert.com , https://www.facebook.com/attorneybankert, Flint Divorce & Bankruptcy 810-235-1970

This "crime" must be laid in the lap of Governor Rick Snyder.
http://www.mlive.com/news/flint/index.ssf/2013/01/flint_city_council_to_ask_for.html#incart_river

In the article it was said during the public comment period of the Jan. 14 meeting. "There was no management of this." Lack of management is the result of incompetent Emergency managers, Brown and Kurtz operating without the transparency because of a weakened city council and operating without accountability because of a weakened city council and no accountability from the Governor who is the person that must be now held responsible. I was briefly at the council meeting and regret not hearing the comments of council people. What is in the media shows we have a strong Flint City Council. I suggest a coalition be formed to monitor and act to return Flint to Local Control petition the Governor aggressively, force accountability by FOI iniatives, force this battle to the streets by active legal political protest. Be aware that many are trying to financiall benefit by Flints current political weakness. Beware that our own leadership is infiltrated by those politically and financially supported by those interest intent on dismanteling what is left of Flint resources making us dependant on a privatized government. Congratulation to our now out spoken city council.We need your help to lead us out this forest. Thank You

EXPUNGE CRIMINAL RECORD FLINT GESESEE MICHIGAN 810-235-1970

DO YOU OR A FAMILY MEMBER HAVE A COUPLE OF JUVENILE CONVICTIONS MAKING IT HARD TO GET A JOB ,INTO A COLLEGE OR THE MILITARY?
Presented here,12/31/12/ by Flint Attorney Terry R. Bankert 810-235-1970, terry@attorneybankert.com, , www.attorneybankert.com
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On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970
see:http://www.abc12.com/story/20467852/new-law-makes-it-easier-to-erase-juvenile-crimes

This allows a person to have set aside more than one criminal conviction. This process is called expungement. Prior to this amendment a person was limited to one crime that could be expunged. Having your criminal record become important when applying for a job, the military of college and certain programs and funding sources. A tremendous burden has been taken from those that when young crossed the law and paid their penalty. As an adults they now can move on with their life.

Generally this new law , allows a person who has been sentenced to not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses total, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no adult felony convictions may file a petition with the courts that gave them the sentence for the entry of an order after a proper motion and hearing and complying with all portions of this law to set aside the juvenile sentences..




A citizen may have only 1 juvenile sentence for an offense that would be a felony if committed by an adult and not more than 2 sentences for an offense that would be a misdemeanor if committed by an adult. A total of three juvenile acts can be expunged.



If there has never been a sentence in juvenile court for an act that would be a sentence to a felony if committed by an adult, not more than 3 sentences for an offenses that would be a misdemeanor if committed by an adult can set aside . Another way that three juvenile acts can be set aside.



If there were multiple sentences from one act they can be counted as just one with limitations. Multiple sentences arising out of a series of acts that were within 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:



(a) An assaultive crime as that term is defined in subsection .



(b) An offense involving the use or possession of a weapon.



(c) An offense with a maximum penalty of 10 or more years imprisonment.




There are offense sentences that cannot be expunged or set aside. A person shall not apply under this law to have set aside, and a judge shall not under this section set aside, any of the following:



(a) A sentenced for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.



(b) A sentence for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.



(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.
Juvenile orders for financial payments will remain in effect. For instance order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile's own home and under state, county juvenile agency, or court supervision shall contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. [



Before a person had to wait three years until after completion of their sentence now they only have to wait one year. A legal petition under this law shall not be filed until the expiration of 1 year following imposition of the disposition for the sentence that the applicant seeks to set aside, or 1 year following completion of any term of detention for that sentence, or when the person becomes 18 years of age, whichever occurs later.

Many young people cross the law. We now have responsibly changed the law so the crimes of our youth are truly forgiven.





BANKRUPTCY
Top 5 Reasons to File Chapter 13
Chapter 13 is a type of bankruptcy for consumers that allows them to make payments on certain debts, restructure others, and discharge some (or all) unsecured, non-priority obligations. The leading 5 reasons to file such a bankruptcy are:
1. Your house is in foreclosure and you need to stop that process. The magic of a Chapter 13 bankruptcy is that a mortgage or loan company can’t go forward with a foreclosure of your home if you have proposed a plan to get them caught up. Thus, if you are $10,000 behind in your house payments, but can repay that amount over 3 to 5 years, the foreclose stops!
2. You owe the IRS and they are threatening to garnish your wages. In a chapter 13, you can force them to take payments. Often the IRS will work with you voluntarily to pay off a tax liability. Sometimes, however, the monthly outlays proposed by the IRS are just too large. But in a Chapter 13 bankruptcy, you can force them to take payments if you are going to be able to cure the deficiency during the plan (3 to 5 years).
3. You owe more on your first mortgage than the house is worth and you want your second mortgage or line of credit to go away. This has can happen in a Chapter 13 if you owe more on your first mortgage then the house is worth.
4. You don’t qualify for a Chapter 7 bankruptcy but you need some relief from your debts. BAPCPA, the bankruptcy law that went into effect in 2005, limits individuals seeking to file a chapter 7 bankruptcy to persons who qualify under the Means Test. Thus, if you make too much money, you can’t file a Chapter 7.
5. You own personal property or real estate that isn’t worth what you owe on it, but you still want to keep it. In a Chapter 13, often you can “cram down” the amount you are paying on a vehicle or non-residential piece of property by paying only the actual value to the lien-holder, and treating the rest of the loan as unsecured.
These are the top five reasons to file a Chapter 13. Consult a good bankruptcy attorney to see if you can benefit from such a filing.




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[source]

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Thursday, January 10, 2013

TOP 5 REASONS TO FILE FOR CHAPTER 13 BANKRUPTCY Terry Bankert Flint bankruptcy Attorney 235-1970

Top 5 Reasons to File Chapter 13
Chapter 13 is a type of bankruptcy for consumers that allows them to make payments on certain debts, restructure others, and discharge some (or all) unsecured, non-priority obligations. The leading 5 reasons to file such a bankruptcy are:
1. Your house is in foreclosure and you need to stop that process. The magic of a Chapter 13 bankruptcy is that a mortgage or loan company can’t go forward with a foreclosure of your home if you have proposed a plan to get them caught up. Thus, if you are $10,000 behind in your house payments, but can repay that amount over 3 to 5 years, the foreclose stops!
2. You owe the IRS and they are threatening to garnish your wages. In a chapter 13, you can force them to take payments. Often the IRS will work with you voluntarily to pay off a tax liability. Sometimes, however, the monthly outlays proposed by the IRS are just too large. But in a Chapter 13 bankruptcy, you can force them to take payments if you are going to be able to cure the deficiency during the plan (3 to 5 years).
3. You owe more on your first mortgage than the house is worth and you want your second mortgage or line of credit to go away. This has can happen in a Chapter 13 if you owe more on your first mortgage then the house is worth.
4. You don’t qualify for a Chapter 7 bankruptcy but you need some relief from your debts. BAPCPA, the bankruptcy law that went into effect in 2005, limits individuals seeking to file a chapter 7 bankruptcy to persons who qualify under the Means Test. Thus, if you make too much money, you can’t file a Chapter 7.
5. You own personal property or real estate that isn’t worth what you owe on it, but you still want to keep it. In a Chapter 13, often you can “cram down” the amount you are paying on a vehicle or non-residential piece of property by paying only the actual value to the lien-holder, and treating the rest of the loan as unsecured.
These are the top five reasons to file a Chapter 13. Consult a good bankruptcy attorney to see if you can benefit from such a filing.

National Mortgage Settlement
The National Mortgage Settlement is an agreement among federal government, 49 states, and the five largest mortgage servicers and their affiliates.  It provides benefits to borrowers, including borrowers in bankruptcy, whose mortgages loans are serviced by those banks.  Please read theinformational sheet(pdf) and frequently asked questions(pdf) for more information.

Home Affordable Modification Program (HAMP)
Have you ever heard of the Home Affordable Modification Program (HAMP)?  HAMP is a program used by the federal government to help combat the housing market struggles experienced by homeowners. As a homeowner, you could qualify for a loan modification under the HAMP guidelines. If your mortgage payment is greater than 1/3 (31 percent) of your gross monthly income, then you could qualify for a loan modification that could permanently reduce your payments and avoid the foreclosure of your home.
In an effort by the bankruptcy trustees, we are encouraging debtors to consider loan modifications under the HAMP guidelines. Please visit www.MakingHomeAffordable.gov for more information or click here to download the HAMP Brochure(pdf).
Please take advantage of the resources provided to learn about the services available. Please note that the Chapter 13 Office does not process HAMP applications.

It’s Tax Time
Each year, you will need to submit a copy of page 1 and 2 of your federal income taxes to your attorney.
Please review your Chapter 13 plan to determine if you have committed your tax refunds to help fund your case. If you have, the IRS may send your refund directly to our office or you may have to mail the payment directly by way of cashier check or money order to the Chapter 13 Trustee-Flint, P.O. Box 2175, Memphis, TN 38101.  Please remember to include your case number and indicate that it is a tax refund on your payment. If you are uncertain or have any questions, please contact your attorney.

Do I Need an Attorney?
It is very difficult to successfully complete a chapter 13 bankruptcy case without hiring an attorney.  Read this article from the U.S. Courts Website: Filing for Bankruptcy Without an Attorney.

Attorney Selection – Who Should I Hire?
Finding the right attorney to handle your chapter 13 bankruptcy case is extremely important.  You want to find someone that is reliable, experienced, and willing to put their best effort into making sure your case is successful.
The following link is an article which details 13 ways to avoid hiring a bad bankruptcy attorney.  It lists different ways to get in contact with attorneys, things you should watch out for, and also important questions you should ask an attorney before hiring them for the job.
The Michigan Bar Member Directory will direct you to the list of state attorneys.
You will be able to search by name, or by location, or by attorney license number (if known).  You can view the address, phone number, fax number, and e-mail address of the attorney.
For referrals, you can call the Genesee County Bar Association at 810-232-6000 or you can always call the Chapter 13 Office at 810-238-4675.  We will give you 3 referrals and their phone numbers & suggest that you call all three to identify one that best fits your needs.

Instructions for Debtors Online Access Thru the NDC
To apply for an account to review your financials, please download(right click and chose save) thisbrochure (pdf) (this is a large file and will take up to several minutes to download depending on internet connection), it is in Adobe Acrobat format (.pdf). If you do not have adobe, go towww.adobe.com to get a free copy. If you have any questions, click here to contact the Systems Manager, Chris Taylor.

Instructions for Debtors Online Access Thru the Chapter 13 office
To review your financials, please click on the 13network link on the top of any page atwww.flint13.com in the navigation bar. This opens another Carl Bekofske Webpage, from here click on the first link on the right where it says “Chapter 13 Inquiry“. Your username is your case number and your password is your social security number(only input numbers, do NOT use dashes or -dof). If you had previously requested an account, this method will work. The specific log ins will be phased out eventually and this will be the method to log in. This cutoff date will be provided in the future. If you have any questions, click here to contact the Systems Manager, Chris Taylor.

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Wednesday, January 9, 2013

" I have one question for political leaders, when will you find the courage to stand up to the gun lobby?"[1]

GOOD MORNING FLINT! date 1/9/13.GUN CONTROL IS COMING. THANK GOD.
http://www.cbsnews.com/8301-34222_162-57562795-10391739/biden-to-meet-with-nra/

Children are dying in the streets and in the school because we drank the Kool Aide of the gun industry. The " Responsible Gun Owners " ,when the NRA is neutered ,will lead the way to responsible gun reform.[trb]

"I have one question for political leaders, when will you find the courage to stand up to the gun lobby? Whose child has to die next?" [1]

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By Terry R. Bankert [trb] terry@attorneybankert.com
www.attorneybankert.com , https://www.facebook.com/attorneybankert, Flint Divorce & Bankruptcy 810-235-1970

...Vice President Biden is scheduled to meet Wednesday with victims groups and gun-safety organizations....The meeting is to be part of a series of gatherings Biden is conducting this week at the White House aimed at building a consensus around proposals to curb gun violence following the horrific elementary school shooting in Newtown, Conn.[1]


It appears that the Republicans have been very effective in giving human qualities to inanimate objects. Corporations are labeled as people and given the right to contribute to political campaigns and manipulate national politics. We should follow this lead and assign legal human like responsibilities to an inanimate object that kills indiscriminately women,children,the elderly and the rest of us. Guns are killers. Guns must be removed from our common areas. Guns protectors like the NRA and other Gun coddlers are nothing more than co-conspirators to murder. Enough is enough. Bear all your arms in your home or in other highly regulated ways.Guns should be treated like any other serial killer. Guns do kill.[trb]

President Obama has indicated that he wants Congress to reestablish the ban on assault weapons, which expired in 2004, and limit the size of magazines and expand background checks, including closing the gun show loophole, which allows unlicensed sellers to sidestep checks.The task force is also expected to look at broader efforts that might include a national database and proposals that can be implemented without congressional approval.[1]

Biden has also been conferring with New York City Mayor Michael Bloomberg, who is a vocal advocate for gun regulation. His group, Mayors Against Illegal Guns, launched a TV ad Tuesday to pressure lawmakers to "stand up to the gun lobby."[1]

Giffords — came as the former congresswoman and her husband announced that they are forming a political action committee aimed at curbing gun violence. [2]

Giffords and Mark Kelly, a former astronaut, wrote in an op-ed published in USA Today that their Americans for Responsible Solutions initiative will raise money to support greater gun control efforts and take on the powerful gun lobby. [2]

“Achieving reforms to reduce gun violence and prevent mass shootings will mean matching gun lobbyists in their reach and resources,” the couple wrote, and they will “raise funds necessary to balance the influence of the gun lobby.”[2]


I predict at the end of the day after the positioning of responsible gun owners and those of us tired of being slaughtered law enforcement will be given more tools and non responsible gun possessors will face new sanctions. [trb]

One of the issues sure to come up in the Biden group's discussions is the role of the Bureau of Alcohol, Tobacco, Firearms and Explosives.[3]

The ATF is the primary enforcer of the nation's gun laws, but advocates and former ATF officials say the agency has been underfunded, understaffed and handcuffed in its abilities to go after gun crimes.[3]

I suggest

1.law enforcement will be allowed to profile vehicles to search for weapons and seize same. No open carry in a vehicle.[trb]

2. Illegally transport a weapon and the weapon is forfeited owner driver or passenge[trb]r.


3. Give police authority to search your home for ammunition and any weapon in it if an illegally transported gun is seized from a vehicle you are in or you own the vehicle.[trb]

4.Tax ammunition. If a bullet cost $5,000.00 gun violence would go down.(name the stand up comedian)[trb]

5.Make Flnt a very expensive city to transport a weapon illegally.[trb]

6. Politically take on the NRA. [trb]

Standing up to the gun lobby is seen by gun control advocates to mean not only banning assault-style weapons and high-capacity magazines, but restoring some teeth to the ATF.[3]

When gun safety advocates refer to the gun lobby, there are numerous organizations that promote less gun regulation, but the most powerful is the National Rifle Association, which has spent nearly $10 million since President Obama's inauguration on lobbying activity, according to the Center for Responsive Politics. That number doesn't include the more than $30 million the NRA's political action committee and the organization's affiliated political nonprofits spent to influence the 2012 presidential and congressional elections.[1]

The NRA has proposed placing armed guards in schools to clamp down on shootings. It's a proposal the president has rejected.[1]

A Face book friend said:James L. Smith And the responsible gun reform will lead to what? I'm not a gun owner or supporter, but I do know this. People who own guns responsibly already comply with the myriad of existing gun laws. Those that use guns illegally will not turn in their guns or respond to any other "responsible gun laws." It's like spanking all your children because you can't determine which one committed the offense. Sounds good, accomplishes nothing. What really needs to happen is that we address the issues of mental health and finally determine to house and treat people with mental illness. That will do more than any legislation about guns. But maybe lawyers want more laws so they will have more people to defend in court. I'm all for anything that will stop the violence, but when I see these knee jerk solutions they make no sense. I'm open to be changed.

We need an intense focused national debate on the issue of Gun Control.[trb]

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[source]
[trb] & CAP’S
Terry Bankert
[1]
http://www.cbsnews.com/8301-250_162-57562942/bidens-meetings-spotlight-gun-control-divide/

[2]
http://bostonglobe.com/news/nation/2013/01/09/giffords-kelly-launch-gun-control-lobbying-effort/ZCMZlyQYtxTkwr5RMofykL/story.html
[3]
http://www.npr.org/2013/01/08/168889491/gun-control-advocates-say-atfs-hands-have-been-tied

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