A Fourth Circuit case, In Re Jessica J. Bolin, 22 CBN 12, 2012 WL 4062807 (Bankr. D.S.C. 9/13/12) found that email and Facebook notifications involving information pertinent to a pending bankruptcy case do not bode well.  The website designer debtor listed a business owner that had commissioned the debtor to make a website as a creditor in the designer/debtor’s bankruptcy.  The business owner creditor received notice of the debtor’s bankruptcy filing and answered with harassing and negative emails demanding her money.  Additionally, the jilted business owner/creditor conveniently leveraged the debtor’s social security number and posted nasty remarks on the debtor’s personal and business Facebook page, damaging the debtor’s business further.  The creditor ignored the cease and desist requests trying, as hard as she could, to collect the debt owed to her.  Eventually, the judge found for the debtor, holding that the creditor violated the automatic stay provisions and had committed sanctionable offenses with the Facebook posts and harassing emails.  #gottalovepunitivedamages

In Her Inc., et al., v. Barlow (In re David E. and Maria E. Barlow), 22 CBN 20, 2012 WL 4465503 (Bankr. S.D. Ohio 9/26/12), a Sixth Circuit case, a defendant debtor cybersquatted when he registered five Internet domain names in bad faith to “prove a point”.  The debtor-husband acquired domain names that were similar to the plaintiffs’ names and linked website visitors to the plaintiffs’ commercial competitors and critical and disparaging emails that attacked the plaintiffs’ businesses.  The debtor-husband was found to have cybersquatted- that is- registering or using a domain name identical or confusingly similar to another’s registered trademark or service mark with the bad faith intent of making a profit under the Anticybersquatting Consumer Protection Act.  The plaintiffs were awarded $120,000 in statutory damages, as well as attorney’s fees.  The damages were not dischargeable under Section 523 (a)(6) and the Court noted that such fees “are required only in exceptional cases where there is malicious, fraudulent, willful, or deliberate infringement.” #cybersquattingmeansheftystatutorydamages

So instead of damaging or completely throwing your pending bankruptcy case out to the delight of your adversarial creditor, you should “like” Hoglund Law on Facebook and leave the Internet and social media for their intended uses- funny cat videos and tweeting about that awesome dinner your significant other made for you the other night. #Hoglundlaw=Minnesota’spremierbankruptcyattorneys

Sources: In Re Jessica J. Bolin, 22 CBN 12, 2012 WL 4062807 (Bankr. D.S.C. 9/13/12)

Her Inc., et al., v. Barlow (In re David E. and Maria E. Barlow), 22 CBN 20, 2012 WL 4465503 (Bankr. S.D. Ohio 9/26/12)

Consumer Bankruptcy News Volume 23 Issue 1, October 23, 2012

When someone with a low credit score decides that they want to improve their score, they need to know how to go about doing so. Doing things like opening new lines of credit or closing existing accounts to improve your credit score will do very little to improve your score in the short term. Simply put, you have the power to create the credit score that you want to have, you just need to have patience and put in the effort over time. The most important factor is simply to make payments to your creditors on time every time. However, there are other things you can do to help build a solid credit history. Keep balances low on revolving lines of credit, such as credit cards, and open new credit accounts only when you have to. Be wary of offers to move debt from one credit card to another, it is better to pay off debt than to transfer it. Remember that there is no quick fix to improving a credit score and don’t believe anyone who tells you different.

It is important to understand the time frame that is involved when filing either a Chapter 7 or a Chapter 13 bankruptcy and how that will affect your ability to repair your credit. Typically, it takes anywhere from one to three years to repair your credit after a bankruptcy has been filed.

One common misconception is that filing a Chapter 13 bankruptcy will affect your credit less than a Chapter 7 because you are paying off your creditors. In a Chapter 13 bankruptcy, you use your income to pay some or all of what you owe to your creditors over time, from three to five years, depending on the size of your debts and income.  A Chapter 13 bankruptcy affects your credit score the same way that a Chapter 7 does, only the time frame for credit repair is greater because you are in the bankruptcy process for three to five years while you are paying off debt to your creditors.

A Chapter 7 bankruptcy, on the other hand, discharges many of your debts and can be filed within a few months. Therefore, the process is much shorter, and the time it takes to repair your credit is less.

It is important to understand your options and how bankruptcy will affect your credit. Knowing your options is crucial to alleviate your fears and misconceptions about the bankruptcy process. Please contact one of our professional bankruptcy attorneys at Hoglund Law Office to discuss your specific situation and find out whether a Chapter 7 or Chapter 13 bankruptcy is right for you.

Here are some bankruptcy help available for veteran that can help him to determine whether bankruptcy is the right option for him:

1. Benefit of Exemption: Bankruptcy code is designed to help the veteran, especially individual who is filing bankruptcy. In reality, the Bankruptcy Code helps to preserve his veteran’s benefit in the event that he filed for bankruptcy. When the veteran files for bankruptcy, his income can be exempted to be a part of estate in the bankruptcy. You can manage to be aware that some states give provision to opt out of the exemption.

2. Obtain a VA loan: As a veteran, you can manage to obtain VA loan to buy your dream home even after filing bankruptcy. If you filed bankruptcy in last three years, then you may not be able to qualify for a VA loan. But you can effortlessly get the VA loan if you filed bankruptcy within a three-to-five year time frame. After five years of filing bankruptcy, you can get a loan as the restrictions disappear.

3. Property Exemptions: You may qualify for property exemptions when they file for bankruptcy but in some of the specific cases. The homestead of the veteran may not be liquidated during bankruptcy. If you’re filing as an individual, then you can manage to avail personal property exemption of up to $30,000. In case your family is filing petition, then you can manage to exempt up to $60,000.

4. Additional exemptions: The veterans are also awarded with additional exemptions if they file bankruptcy. The filers are required to undergo credit counseling session but the veterans are not required to meet this criterion. This is only applicable if they can prove that they’re mentally or physically incapacitated to the extent that they won’t get benefit from the requirement.

Some veterans are not even required to qualify for the traditional “means test.” But they can be exempted from means test if they can prove that they meet the required status of a disabled veteran. These additional exemptions can be used if they can prove that the debts have been incurred primarily during active duty or homeland defense.

Therefore, if you have any legal questions then you can consult a deft bankruptcy attorney to acquire complete information on what type of bankruptcy help is offered to the veterans.

The debtor can be a company or an individual who owes money or is in debt. The creditor claims that the debtor owes money to the creditor, who can be an organization or a company. Most bankruptcy cases are seen to involve several creditors. Bankruptcy counseling is one of the first steps to be taken before going forward with the process.

Types of bankruptcy

Bankruptcy is mainly divided into 4 broad categories. These refer to the 4 chapters given in United States Bankruptcy Code. They’re as follows:

Chapter 7

This chapter refers to “liquidation bankruptcy”. It means all non-exempt assets held by you as debtor will be sold off by the trustee to repay the debts as much as possible. This generally lasts 3 to 6 months. You get to keep that property which is exempt under the state of federal laws like your household furnishings, clothes and likewise.

Chapter 7 bankruptcy can’t be filed by everyone. In case you’ve got a disposable income that’s sufficient to fund a repayment plan then you can’t opt for Chapter 7. Businesses generally try to avoid this as conducting business becomes very difficult in this case. The portion of the debt that can’t be repaid through liquidation is discharged.

Chapter 13

This chapter is popularly referred to as the “wage earner bankruptcy”. This is because filing for Chapter 13 requires an ongoing reliable source of income. This generally takes anywhere between 3 to 5 years.

You have to propose a plan of repayment that would say in details how you’re going to pay back your debts in the next 3 to 5 years. There’s a minimum amount that you’ll have to pay. This minimum amount depends on what your income is, how much you actually owe and how much your unsecured creditors would’ve got had you filed for Chapter 7.

If you’ve got secured debt, then Chapter 13 provides you with the opportunity to make up missed payments so that you can avoid repossession or foreclosure. Also your debts should be within the limits set by the federal government. This means that currently you can’t have more than $1,010,650 in secured debt and $336,900 in unsecured debt.

Chapter 11

Apart from the 2 most frequently used forms of bankruptcy discussed above, there’s Chapter 11 bankruptcy. This chapter has been named after the US bankruptcy code 11 and is a particular form that involves reorganization. Basically as a debtor your business will be reorganized including your affairs and assets. Your corporation would be filing this if you need time to restructure debts.

Chapter 12

This is a US bankruptcy proceeding that has been specifically designed for US family farms or the fisheries. If you go for bankruptcy counseling you’ll be told that this chapter of bankruptcy gives your farm or fishery the ability to reorganize its finances and debts. Most importantly, you’ll still be able to retain your farm or fishery while you get to work with a bankruptcy trustee and a bank to formulate a payment program.

Keep in mind the above discussion when about to file for bankruptcy. Bankruptcy counseling would undoubtedly help you through things, but even then it’d be wise to know things beforehand.

Given how relatively rare this medical condition is, our attorneys at Hoglund Law Offices have successfully represented a surprising number of clients with Hidradenitis Suppurativa in Social Security Disability benefits claims.  Our clients have typically worked for over ten years or more with symptoms before succumbing to the progressive lesions and pain despite surgical intervention.

How does Social Security Disability evaluate Hidradenitis Suppurativa?  Social Security verifies the diagnosis first.  In my experience, records usually carry ongoing primary care treatment for recurring boils that require in-office lancing.  Of concern, I have seen some medical record histories that initially fail to specifically diagnose HS until these lesions have persisted in various forms and locations for a few years.  There are possible reasons for this that I address below.

Social Security reviews Hidradenitis Suppurativa claims under a special definition of disability called a listing.  Here is the “listing” that Social Security applies to claims based on Hidradenitis Suppurativa:

Listing 8.06

Hidradenitis suppurativa, with extensive skin lesions involving both axillae, both inguinal areas or the perineum that persist for at least 3 months despite continuing treatment as prescribed.

How do our Social Security disability attorneys at Hoglund Law Offices get approvals at Social Security hearings for clients with Hidradenitis Suppurativa?  In our experience, the timing of the diagnosis may be an issue.  I argue to judges that the nature of the HS lesions may not, in themselves, manifest themselves to physicians initially – particularly if my clients see different primary care physicians from appointment to appointment or change facilities from time to time.  Over time, however, the diagnosis of HS should relate back to previous care for the symptoms.  Our attorneys can offer advice to get retrospective input from these physicians.

Deficiencies in the medical evidence of HS may relate to the location of the lesions.  My clients may attempt to suffer through a period of HS lesions in private areas of their bodies.  Despite the Social Security Administration’s assumptions, it is not always easy to seek care for personally sensitive problems.  I argue to judges that a delay in diagnosis, in these instances, has more to do with social factors.  Reporting the full constellation of symptoms right away has been difficult for some of my clients.

What should your Social Security Disability attorney know about Hidradenitis Suppurativa?  In my experience, it is common to have judges and medical experts who are unfamiliar with HD.  I understand that Social Security judges must review many kinds of medical claims.  I speculate that medical experts (ME’s) at hearings, however, may not be as familiar (and miss) Hidradenitis Suppurativa because it is a dermatological condition that may not normally arise in other specialty areas.

What must your Social Security disability attorney do at your Social Security hearing?  He or she must raise the issue of Listing 8.06 and point out the diagnosis, duration, location, impact, and daily care duties that impede full-time employment.  Additional legal documentation has proven helpful in our clients’ claims.  Call us at Hoglund Law Offices today if you are interested in the experience our Social Security attorneys can offer you to apply or appeal your Social Security Disability claim.

Andrew Kinney, Esq.

The wage increase in the aforementioned states will result in an extra $582 to $770 a year for full-time workers.  The non-profit advocacy group, National Employment Law Project contends that the minimum wage increases will act as a mini-boost to the economy.  The expected increase in wages will result in an increase in those wages being spent, which is projected to add $366 million to the nation’s gross domestic product.  The National Employment Law Project also projects that the minimum wage increases also will result in a creation of more than 3,000 full-time jobs.

Paul Sonn, legal co-director at NELP states, “Increasing minimum wage is a key form of local stimulus.”  The increase in wages will put money back into the pockets of low-income families who will then spend that money at the local businesses.  Paul Sonn also believes that the eight states that are raising their minimum wage on January 1 are protecting themselves in case Congress can’t reach an agreement to extend the payroll tax break beyond February.  He believes that the boost in incomes for individuals living in those eight states will more than offset the loss that could come from the inability of Congress to extend the payroll tax break.

Source:

Blake Ellis, Minimum wage increases for workers in eight states, http://money.cnn.com/2011/12/23/news/economy/minimum_wage_increases/index.htm?iid=Popular (accessed 12/27/11)

Despite the fact that the Federal Reserve has pledged to keep rates low through 2013, many content that because of the high unemployment and the historically low home prices, there will be no recovery of the housing market for the foreseeable future.  Last year saw a total of $1.3 trillion in home lending, which is down from $1.7 trillion in 2010 and $3.3 trillion in 2005.  Another disturbing figure is the fact that much of the $1.3 trillion in home lending last year did not result in new home purchases.  Approximately 4 out of 5 mortgage applications were for refinancing current mortgages.  Borrowers were taking advantage of the historically low rates, which averaged less than 4%, not to purchase new houses, but to refinance their current homes.

Not all analysts predict such doom and gloom for the housing market.  Others are optimistic about the future of the market.  Former top economics advisor to the White House and Wells Fargo & Co., Sung Won Sohn states, “Housing has hit the bottom and has begun to heal slowly.”  The events that have taken place over the past few years have “set the stage for a rebound” as Sung contends.  Whether or not we are to see a recovery in the near future most would contend that given the extreme damage that was inflicted on the housing market any form of recovery is likely to be slow.

Source:

E. Scott Reckard, Low mortgage rates likely to continue through 2012, experts say, http://www.latimes.com/business/la-fi-mortgage-rates-20120103,0,2240865.story (accessed 12/4/12)

Notable athletes such as Kobe Bryant and Matt Forte have been using PRP to alleviate joint pain; however, baby boomers may want to take advantage of this alternative to surgery as well.  Due to the aging baby boomer population joint replacements are rapidly growing.  Knee replacement surgeries have doubled over the past decade.  Although many experts contend that PRP injections are not a proven substitute for surgery, they may be a good option for some.  Dr. Jazrawi states, “This is certainly, potentially one treatment option that may be utilized, but it’s not the magic bullet.”

Dr. Jazrawi uses the PRP injections most often in the treatment of chronic arthritis.  Patients are able to schedule a quick visit with Dr. Jazrawi to receive the injections.  And more often than not, one quick injection in Dr. Jazrawi’s office will allow a patient to get right back to their active lifestyle.  Dr. Jazrawi notes that PRP should not be the first-line of treatment.  Instead, he suggests that patients maintain an active and healthy lifestyle with dieting and exercise.  There is always a risk in applying new technology, and Dr. Jazrawi asserts that he does not want to apply this new technology in a haphazard manner.

Source:

Lara Salahi, Cutting Edge: Joint Injections Heal Baby Boomer Arthritis, http://abcnews.go.com/Health/Wellness/cutting-edge-joint-injections-heal-baby-boomer-arthritis/story?id=15214643 (accessed 12/22/2011)