Regarding the Stockton case, the city stated that it was entitled as a debtor due to the fact that they had negotiated but failed to reach majority consent. The bankruptcy judge deferred the decision at the beginning of the case, and directed both the city and the objecting creditors into mediation.

What followed was a lengthy and complex mediation process, and after 10 months of the original filing, the bankruptcy court determined that the city of Stockton was indeed eligible as a municipal debtor. The court’s main focus when making their decision was the municipality’s financial distress and fiscal emergencies, resulting in a “hemorrhage of funds.” The bankruptcy court was satisfied that Stockton had in fact negotiated in good faith, and had partaken in pre-filing mediation which is regulated under California law. The law dictates that municipalities may file for Chapter 9 after undergoing mediation, or after declaring a fiscal emergency, which needs the vote of a governing board. According to the court’s findings, the bondholders did not negotiate in good faith, and thus, had no right to complain. The court did not allow the argument of the bondholders that the city wasn’t negotiating in good faith, when they themselves were not negotiating in good faith; negotiation is a ‘two-way street,’ according to the bankruptcy court judge. It was also noted by the court that some agreements were made in regards to a collective bargaining agreement, and because of the city’s dire fiscal needs, it did not make sense that they were playing some sort of game.

The court also took into consideration the fact that the municipality would not consider impairing or reducing its pension obligations to CalPERS. The judge ruled that it was inappropriate for the bondholders to stop negotiating based on this fact alone, and did not constitute an act of bad faith.

The next step in Stockton’s bankruptcy case is the plan confirmation process; the issue of CalPERS will likely come to the forefront, as will the issue of whether the bondholders and creditors are being treated fairly.
It’s important to note what the bankruptcy judge’s decision didn’t do. It didn’t send the city of Stockton out of bankruptcy. The judge noted that what has taken place so far is merely a qualifying round, and will lead to what is to come; namely, the city’s attempt to get approval for a plan of adjustment. The court will work to resolve issues on whether the creditors are being dealt with fairly, or they are being discriminated against.

Technorati Tags: chapter 9 bankruptcy, stockton bankruptcy, stockton california

In 2005, the U.S. changed bankruptcy laws considerably, adding a means test as part of the application process. This means test was implemented primarily to prevent wealthy individuals from filing for Chapter 7 Bankruptcy.
A means test is used to determine whether one’s income is above the specified median income (as calculated by the debtor’s state.) If the income is above the median, a bankruptcy application may be denied, although there are special circumstances that may make one still eligible.

If income is determined to be below the calculated state’s median income, the individuals are not typically subjected to any sort of means testing. If the larger part of the debt is not consumer debt, then a means test may not be applicable; meaning that individuals may be subjected to a means test but consumers with mainly business debt may not be.

In essence, a means test is a formula that is used to keep wealthy debtors that have higher incomes from filing for Chapter 7 bankruptcy. Keep in mind that these individuals may still be eligible to file for Chapter 13 bankruptcy in order to repay all or a portion of their debts.

The means testing document is called the Official Bankruptcy Form 22A and is required for the majority of Chapter 7 claims. Chapter 13 debtors will fill out Form 22C, which is the Statement of Current Monthly Income and Calculations.

Some of the information needed to complete these forms will come from personal records, such as current income. Other information needed will come from either the Internal Revenue Service, or the Census Bureau. You can find the relevant information needed either from the prospective websites or from a bankruptcy trustee website.

Before filling out the forms, it’s best to have all information and data ready to input. This will save both time and frustration.

Some of the data that may be required include:
• Personal income stubs or statements (current monthly income)
• Tax returns for the last three years at least
• A list of all living expenses, including mortgage, hydro, heat, taxes, etc.
• Outstanding balance on the mortgage
• List of all assets, including home, car, jewelry, cottage, etc.
• List of all outstanding credit card debt, interest rates, credit limits, etc.
• National standard or state standard information for clothing, food, and health care expenses

National standards may vary depending on the state a debtor lives in.

Bankruptcy is never something that people want to think about, but sometimes it does become necessary. It doesn’t mean that you don’t want to pay your debts or you want to ‘stick it’ to your creditors. Life events sometimes make it necessary to wipe the slate clean and give you peace of mind knowing that your creditors will no longer be harassing you day and night. A Tampa bankruptcy attorney service will be able to explain the options that are available to you, based on your individual situation. There are different levels, or ‘chapters’ of bankruptcy and what may work for others may not work for you, and vice versa. Your bankruptcy attorneys will be able to determine what’s right for you and guide you on the best course of action.

What is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is similar to chapter 7 bankruptcy, but with a few major differences. It can allow you to reorganize your debts such as mortgage, second mortgage, child support payments and back real estate taxes. If you are behind in payments, you can file for chapter 13 bankruptcy, and may still be able to keep your assets, as opposed to other chapters of bankruptcy that make you relinquish all of your assets.

When Should You File Chapter 13 Bankruptcy?

Bankruptcy, at any level or chapter, should only be considered when you feel there are no other options. It is not meant to be taken lightly, or as a way to get out of paying your bills just because you don’t want to pay them. There are some legitimate circumstances that make it almost impossible to pay your debts, such as job loss, medical conditions or divorce that makes it necessary.

What are the Consequences of Chapter 13 bankruptcy?

When you file for chapter 13 bankruptcy, your credit rating will obviously suffer. You may find it difficult to get any type of loan, mortgage, credit card or any other unsecured debt in your name.  This is not something that you should take lightly; you will need to consider the benefits and consequences very carefully before making any decisions. Tampa Bankruptcy attorney services can help you determine what is best for you based on your situation.

What are the benefits of chapter 13 Bankruptcy?

Chapter 13 bankruptcy may allow you to keep certain assets, including your vehicle and your home. This will largely depend on your individual situation, and a bankruptcy attorney Tampa service will be able to explain all of the details with you.

Who Should You Contact?

If you are overwhelmed by debt and don’t know where to turn, consider contacting the The Thorpe Law Firm, P.A.- (Bankruptcy Attorneys & Foreclosure Lawyer). They will conduct a detailed analysis with you to determine if you are eligible for a chapter 13 bankruptcy; if not, they can advise some alternative courses of action that you can take.

Technorati Tags: bankruptcy Tampa, Chapter 13

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy may allow you to get rid of most of your unsecured debts, including credit card bills, lease termination fees, medical bills and taxes. If you are being hounded by debt collectors, and have no money to pay for your debts due to job loss or medical issues, then chapter 7 bankruptcy may be an option for you. Basically, you can write off your debts without having to repay them. Your creditors will be informed that you are filing for chapter 7 bankruptcy and will receive notices from your bankruptcy attorney.  This will immediately stop the harassing creditor calls and letters.

When should You File Chapter 7 Bankruptcy?

If you are feeling overwhelmed with your debt, and are being harassed by creditors either on the phone or via mail, and you have no immediate means of paying your creditors, then you may want to consider chapter 7 bankruptcy. This is not something to be taken lightly, and you should make every attempt to pay your debts. However, there are some circumstances that make paying off debts almost impossible, such as a job loss or unexpected medical issues.

What are the Consequences of chapter 7 Bankruptcy?

Obviously, when you file for chapter 7 bankruptcy, your credit history will suffer. You may experience difficulties obtaining credit cards, loans and mortgages until the bankruptcy has been discharged from your credit file; and even then, you might find it difficult to obtain the best interest rates and terms on various consumer products. Tampa, FL attorneys will be able to discuss the pros and cons with you so that you can make an informed decision on whether this is the right option for you.

What are the Benefits of Chapter 7 Bankruptcy

Under most circumstances, you’ll be able to keep your vehicle and your home under chapter 7 bankruptcy. Depending on your individual situation, you may be able to keep assets up to $5,000. Your Tampa, FL attorneys will file a petition on your behalf with the court and you may obtain a discharge in as little as 120 days. This means that your creditors will never be able to collect the debt and you will no longer receive notifications from them.

Who Should You contact?

If you are considering Chapter 7 bankruptcy or you want information, contact The Thorpe Law Firm, P.A.- (Bankruptcy Attorneys & Foreclosure Lawyer). They will be able to explain exactly what is involved, and will help you determine whether or not it is the right course of action for you.

Technorati Tags: Bankruptcy Tampa FL, Chapter 7

Generally, the two main circumstances in which a modification of a parenting plan is sought are: 1) the child’s needs or the parents’ lifestyles and circumstances have changed, or 2) the previous parenting plan has failed. Basically, the party seeking a modification is going to have to prove a substantial or material change in the parties’ circumstances since the existing plan was approved, and that modification is in the best interests of the child. And, this substantial change must be one that was not reasonably contemplated at the time of the original judgment.

The burden of proof rests upon the party seeking the modification.

Technorati Tags: Modification Parenting Plans, Parenting Plans

To effect this, courts will impose a parenting plan upon the parties, or approve a parenting plan agreed-to by the parties.  A parenting plan has two components: decision-making (parental responsibilities and privileges for decisions about the child’s health, education, and welfare) and time-sharing (where the child lives at any given time and contact with the other parent).  These two components are distinct and each must be carefully examined to ensure the best interests of the child are being addressed.  Factors to be considered by the court for a parenting plan may be found in Fla. Stat. §61.13(3).

Florida requires that parenting plans be quite detailed.  For example, “[a] parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.”  Fla. Stat. §61.13(2)(b).

Technorati Tags: Child Custody, Parental Responsibilities, Parenting Plan

In general, parental relocation with a child is governed by Fla. Stat. § 61.13001.  Relocation is defined by the statute as a change in the principal residence of a parent or other person of at least 50 miles, and for at least 60 consecutive days not including temporary absences for vacation, education, or health care.

Parties may agree to a relocation, or a party may file a petition seeking to relocate.  In these contested cases, the statute provides factors for the court to consider, including (but not limited to):

• The child’s age, developmental stage, and needs
• The impact  on the child of the relocation
• The child’s relationship with the non-relocating parent, other family members, and other persons important in the child’s life
• The feasibility of preserving a relationship between the non-relocating parent and the child
• The child’s preference (considering the age and maturity of the child)
• Any enhancement of the quality of life of the relocating parent and the child from the relocation (financial, emotional, educational, etc)

The trial court’s order must address the factors in the statute and must be supported by competent substantial evidence.  The bottom line is, the proposed relocation must be in the child’s best interests, not just that the relocation is beneficial to the requesting party.

Technorati Tags: Child Welfare, Florida Statutes, Parental Relocation

In S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974), the Florida Supreme Court held that an order is usually considered final if it “constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.” While this general principle seems simple, misapplying it can be devastating: if you mistake a final judgment as a nonfinal order, you may forever lose appeal rights by failing to appeal within the time limits.

Two things that can make this determination difficult are reservations of jurisdiction and amended judgments. When a judgment decides some issues and ‘reserves’ judgment on others, it is only final on the issues that it decided and the appeals clock starts running only on those issues. On the other hand, if a judgment is modified or amended and it materially alters the positions or rights of the parties from the original judgment, the appeal clock starts running from the date of the amended or modified judgment.

Technorati Tags: Final Judgment, Modified Judgment, Supreme Court

Another purpose of seeking a change in venue is based on the concept of inconvenient forum. Here, a party seeking to change venue “must show that substantial inconvenience or undue expense to the parties will result in the forum chosen by the plaintiff, or that the forum may not afford a fair and impartial decision.” Ashland Oil, Inc. v. Fla. Dept. of Transportation, 352 So.2d 567, 569 (Fla. 2d DCA 1977).

This may be, as in a case I recently handled, where the petitioner initiated a family law action in a northern county in Florida and the Respondent was in Tampa. Then, the Petitioner relocated to Tampa. Since none of the parties were in that particular northern county any longer, the circuit court in the northern county heard and granted a motion to change venue based on an inconvenient forum.

Venue may be waived, though. Venue is a personal privilege of the respondent in a matter, and a matter may be brought forward in any county in Florida if the respondent is willing to submit to the action in that county.

Technorati Tags: Florida Law, Florida Statutes, Venue

However, before the entry of a final judgment, the defaulted party may move to vacate the default by showing excusable neglect, a meritorious defense, and that they acted with due diligence.  Coquina Beach Club Condominium Ass’n v. Wagner, 813 So.2d 1061 (Fla. 2d DCA 2002).  Since it is preferable for matters to be decided upon their merits, particularly in family law cases, courts liberally grant motions to vacate a default.

Technorati Tags: Florida Family Law, Tampa Family Law Attorneys