Good Morning Flint!

FLINT BANKRUPTCY WILL NOT DISCHARGE JUDGEMENT AGAINST REALTOR WHO SELLS YOU A DEFECTIVE HOUSE WITHOUT DISCLOSUE AND FRAUD. THIS APPLIES TO TOXIC MOLD. CALL BANKERT BANKRUPTCY 810-235-1970 AND TOXIC MOLD LITIGATION

2012-02-01T06:59:00.000-05:00

HOME SELLER ATTEMPTS TO DISCHARGE IN BANKRUPTCY HOME SALE FRAUD JUDGEMENT

After Robert and Gertrude Grenier sold their house to Craig and Donna Nehasil, the Nehasils discovered defects in the house that the Greniers had concealed from
them (and from a previous would-be buyer). [1]

This post by Flint Bankruptcy Attorney Terry Bankert . Flint Bankruptcy Lawyer Terry Bankert can be reached at 1-810-235-1970 or http://www.attorneybankert.com

The Nehasils sued for fraud in Michigan state court, winning nearly $300,000. When the Greniers sought to discharge that judgment in their Chapter bankruptcy proceeding, the Nehasils sued to stop them. [1]

FRAUD JUDGEMENTS ARE NON DISCHARGABLE IN BANKRUPTCY

The bankruptcy and district courts sided with the Nehasils and deemed the fraud judgment nondischargeable. We affirm. No. 10-2242 [1] In re Grenier
I. BACKGROUND
In December 1997, the Nehasils expressed interest in buying the Greniers’ house in Canton,
Michigan. They asked the Greniers if there were any noteworthy defects in the house, and the
Greniers reported none. The Nehasils purchased the property. They soon discovered a variety of
problems with the house, including water damage, rotting floors, insect infestation, faulty electrical Wiring, and fake water fixtures not hooked up to the household plumbing system. When they investigated further, the Nehasils learned they were not the first ones to face this predicament. [1]

The Greniers had previously sold the house to Hilda Maxwell, who had sued them upon learning of the house’s poor condition and had ultimately gotten her money back. The Nehasils took the same tack, and in April 2004 a Michigan jury found the Greniers liable for fraud, awarding $294,563.74 in damages and costs.[1]

The Greniers filed for bankruptcy. They first sought to file under Chapter 13, but the
bankruptcy court found them ineligible because their debts exceeded the statutory limit. See 11
U.S.C. § 109(e). They then tried Chapter 7, filing a petition with the bankruptcy court in December 2008. Two months later, the Nehasils filed a complaint in the bankruptcy court, seeking a declaration that the Greniers could not discharge the judgment against them because it stemmed from fraud. See 11 U.S.C. § 523(a)(2)(A).[1]

The bankruptcy court agreed on collateral-estoppel grounds,
finding that the state-court fraud judgment entitled the Nehasils to summary judgment. The district court affirmed. In re Grenier, 430 B.R. 446 (E.D. Mich. 2010).
No. 10-2242 In re Grenier [1]
II. THE LAW

THE BANKRUPTCY COURT HAS DEBTS THAT ARE NON DISCHARGABLE

At issue is a provision of the Bankruptcy Code that makes nondischargeable any debt for
money or property “obtained by . . . false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition.” 11 U.S.C. § 523(a)(2)(A). [1]

The Nehasils argue, and the courts below held, that this provision applies to the state-court judgment against the Greniers. We agree. [1]

HOW CAN CREDITORS ACT TO MAKE YOUR DEBT TO THEM NON DISCHARGABLE IN BANKRUPTCY?

To exclude a debt from discharge under this provision, a creditor must establish four things:
(1) the debtor obtained money through a material misrepresentation that, at the time,
the debtor knew was false or made with gross recklessness as to its truth;
(2) the debtor intended to deceive the creditor;
(3) the creditor justifiably relied on the false representation; and (4) its reliance was the proximate cause of loss. In re Rembert, 141 F.3d 277, 280–81 (6th Cir. 1998).

DEFENDANT ARGUES THE STATE COURT STANDARD IS DIFFERENT THAN THRE FEDERAL STANDARD.
The Greniers claim that the first requirement is missing here, reasoning that Michigan law has a different mental-state standard from the Bankruptcy Code. [1]
MICHIGIAN TORT OF FRAUD CLAIM
While the state tort of fraud imposes liability on defendants who are reckless about the truth of the statements they make, the federal standard requires at least gross recklessness. [1]
Compare id. at 280 with Hi-Way Motor Co. v. Int’l Harvester Co., 247 N.W.2d 813, 816 (Mich.
1976). As a result, the Greniers urge, the Michigan fraud judgment against them does not suffice
under § 523(a)(2)(A), because the Michigan jury might have found them liable based only on
recklessly false statements, not statements made with gross recklessness or knowledge of their
falsity. [1]

That argument might have some force if all we had to go on were the fact of the Greniers’
liability for fraud. But we have more. In finding the Greniers liable, the Michigan jury made
specific factual findings. It answered “yes” to the question whether the Greniers had “actual
knowledge” of the material facts about the condition of their home that they failed to disclose. R.24 (Bankr. E.D. Mich. No. 09-04351) Ex. C at 29. [1]

MICHIGAN COLLATERAL ESTOPPLE

Michigan collateral-estoppel law, applicable here, see Migra v. Warren City Sch. Dist. Bd.
of Educ., 465 U.S. 75, 81 (1984), “bars the relitigation of issues previously decided when such issues are raised in a subsequent suit by the same parties.” Knoblauch v. Kenyon, 415 N.W.2d 286, 288 (Mich. App. 1987). [1]
HOW CAN COLLATERAL ESTOPPLE BE USED
The party invoking collateral estoppel must show four things:
(1) the same parties were involved in both proceedings;
(2) the issue was litigated and resolved in the first proceeding;
(3) the party against whom the issue was decided in the first proceeding “had a full and
fair opportunity to litigate the issue”; and
(4) it must be “clear[ ], definite[ ], and unequivocal[ ]”
from the record of the first proceeding how the issue was decided. People v. Gates, 452 N.W.2d
627, 630–31 (Mich. 1990). [1]

The Nehasils have shown all four, and accordingly the jury’s finding that
the Greniers knew of the defects in their home prevents them from relitigating the issue now.
Indeed, we have previously recognized that, if the state court record “invoke[s] the [defendants’]
knowledge of their misrepresentations,” as is true here, collateral estoppel may apply even if the
Bankruptcy Code’s gross-recklessness standard is higher than its counterpart in Michigan common law fraud. See In re Livingston, 372 F. App’x 613, 619 (6th Cir. 2010).[1]
NOT NECESSARY TO PROVE MICHIGAN AND FEDERAL STANDARDS ARE THE SAME
As in Livingston, we need not decide whether the Bankruptcy Code’s standard is identical to Michigan’s.
EXCHANGE OF MONEY NOT REQUIRED
The Greniers make one other argument: that the fraud exception does not apply because the
Nehasils did not show that the Greniers received any money from the fraud. Br. at 12–13; see
Rembert, 141 F.3d at 280 (creditor must show that “the debtor obtained money through a material misrepresentation”). But this claim, too, is undone by the Michigan verdict: the jury found that the Greniers’ misrepresentations and omissions were a proximate cause of the Nehasils’ decision to buy the house at the price they paid. R.24 (Bankr. E.D. Mich. No. 09-04351) Ex. C at 28–29. [1]

There is no question that the Greniers obtained money from the Nehasils as a result of their fraud. [1]

As a result, we need not decide whether such a showing is required in the first place. Compare Rembert, 141 F.3d at 280, with Cohen v. de la Cruz, 523 U.S. 213, 215, 217–18 (1998).
Also unavailing is the Greniers’ appeal from the denial of their motion to dismiss for failure
to state a claim. Though the Nehasils’ complaint could have been more detailed, it made reference to and incorporated the state court judgment, providing sufficient notice to the Greniers of the nature of the fraud charge against them. See Fed. R. Civ. P. 9(b); Chesbrough v. VPA, P.C., 655 F.3d 461, 466 (6th Cir. 2011). [1]
III.
For these reasons, we affirm.

NOTE THE COURT POST SAYS filed 01/31/2012 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0107n.06 No. 10-2242. Parts of this origional post has been modified for presentation here and should not be relied on with out the assistance of counsel.[trb]
---end---
[trb]CAPS ARE BY Terry Bankert , P49048, 1000 Beach St, Flint Mi 48503, 1-810-235-1970
[1]In re ROBERT M. GRENIER and GERTRUDE A. GRENIER, Debtors. CRAIG R. NEHASIL and DONNA E. NEHASIL, as Next Friend of Richard J. Nehasil, Timothy R. Nehasil and Christopher
P. Nehasil, Plaintiffs-Appellees, v. ROBERT M. GRENIER and GERTRUDE A. GRENIER,
Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Before: BOGGS, ROGERS and SUTTON, Circuit Judges. SUTTON, Circuit Judge. filed 01/31/2012 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0107n.06 No. 10-2242

2012-01-28T16:22:00.001-05:00

2012-01-28T14:31:00.001-05:00

2012-01-28T06:22:00.001-05:00

2012-01-27T17:29:00.001-05:00

Petition Drice is on.

2012-01-27T06:05:00.001-05:00

Flint Charter, Occupy and Kiva U of M Flint 6 pm Friday 1/27/2012 U.R.INVITED

Lecturing Charter Revision

2012-01-26T06:57:00.001-05:00

A thought and friends

The Shock Doctrine

2012-01-25T19:29:00.001-05:00

The Rise if Disaster Capitalism.

Flint Divorce Attorney 235-1970

2012-01-25T17:45:00.000-05:00

Where to File for Flint Michigan Divorce? Your County Circuit Court. For directions call 235-1970.

State courts have power (or "jurisdiction") over divorce proceedings, here in Flint Michigan it will be the Genesee County Circuit Cour.One spouse seeking a divorce files an initial document called a divorce "complaint". Michigan has a specific family court division where the divorce petition is filed and and heard .

If You have questions please call for a free consultation to Flint Divorce Attorney Terry Bankert 235-1970. We share information on the Internet to cause SEO. The following phrases are for that purpose only you can ignore. Mitt Romney has never sought A Flint Divorce Lawyer. Romney could gain an awareness of the divorce process by looking at an E-Book on Divorce. United States President Barrack Obama did not mention Flint Divorce in the United States State of the Union address 01/24/2012. Flint Divorce Lawyers never met with Michael Jackson. Litigants would be hard pressed to find a Flint Divorce Lawyer on Facebook Time line. Flint divorce lawyers are also hard to find on US Airways going to Somalia sitting next to Demi Moore. But you are in lick your Flint Divorce Attorney can be reached at 810-235-1970. As I indicated this paragraph was a test of SEO. Ask about the results when you come to my office in Flint MI.

All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time. Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.

If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state. Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses. Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.
Can one spouse move to a different state or country to get a divorce?

If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.

If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.

Filing and Serving the Divorce/Dissolution Petition

The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).

Contents of the Divorce Complaint: Information and Requests

While specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identification of children of the marriage;
Acknowledgement that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
Grounds for divorce; There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

Contents of the Divorce/Dissolution Petition: Temporary Orders

In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing. If approved, these orders usually stay in effect until the divorce becomes final. These temporary orders may pertain to issues such as:
Which spouse will have primary (physical) custody of the child(ren);
Child visitation schedule for the non-custodial spouse;
Payment of child support;
Payment of spousal support;
Which spouse will live in the couple's house or primary residence;
Payment of bills and other financial concerns
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now?
Call 810 235-1970 !

2012-01-25T13:40:00.001-05:00

2012-01-25T13:35:00.001-05:00

blackend protest for a free internet

Last day at 60.When does adulthood begin?

4 a moment. " So long, and Thanks for all the Fish" (Douglas Adams- Hitchhikers Guide to the Galaxy)

Party Annmals talk about Stiff n

MAYOR WALLING TALKS ABOUT "OCCUPY FLINT" AND 01/27/2012 U OF M Flint Kiva 6-9 pm U R Invited.

2012-01-22T15:12:00.000-05:00

FLINT MAYOR TALKS ABOUT “OCCUPY FLINT”. From Washington D.C interview of Flint Mayor Dayne Walling 01/19/2012. Mayor walling was attending the 80th Mayoral Conference in Washington D.C.

Q1: What do you think of the Occupy Movement as a whole?
http://www.youtube.com/watch?v=jcwQm51EmHI&feature=youtu.be

A1: BY FLINT MAYOR WALLING. We have a small occupy group in Flint. This group has brought a lot to our community honestly.They have bee involved actively in community service and demonstrations.

We have an open relationship. There is a general policy forum coming up in our community where we will talk about issues important to the occupy movement. I expect we will talk about local, state, national and international issues. I will participate in the dialogue.

Q2: What do you think about the actions of other mayors in cities like Oakland, New York for instance.
A2: I have not paid attention to what those cities are doing. In some of the big cities in Michigan like Lansing for instance the Mayor has taken the same stance as I have. Finding ways to give people the way to express their right to free speech. We work together in a way that it does not cause an undue burden on city resources. In Flint we have strapped resources. We can do it in a proactive way.

Q3: As to the Goals of OWS has it changed the national dialogue.
A3: Yes . Dependently brought issue of income equality to the forefront.You have a lot of people talking about unemployment. In Flint many of our members are former veterans They bring up their issues of people fighting abroad for us that need help at home.

Q4. What is the reason for the Washington Conference?
A4: Get people on both sides of the aisle to talk about issues.

Q5:What issues
A5: To nite was a social event after a day of activities.We talked about general issues to include transportation.

Q6; Is this an effective trip?
A6: I have definitely had the opportunity to talk to people I would not otherwise. No matter the size of the communities we have commonalities.
--end interview-

ANNOUNCEMENT
Public invitation to attend and participate in The City of Flint General Assembly hosted by Occupy Flint.
"U of M KIVA “
"Friday, January 27, 2012 6pm-9pm"
"Let your Voice be heard through direct democracy!"
"Mayor Walling will also be... participating in this event and able to hear your ideas and concerns about your community and cities future."

2012-01-21T15:10:00.001-05:00

2012-01-21T15:05:00.001-05:00

2012-01-21T14:59:00.001-05:00

em

2012-01-18T09:44:00.001-05:00

emm

2012-01-18T04:59:00.001-05:00

emm

2012-01-06T05:35:00.000-05:00

GOOD MORNING FLINT!
Date: 01/06/2012

What is happening in the Occupy movement. Using Google news searching "Occupy" the following surfaced. Occupy Protesters went to Oakland City Hall. They stormed the Mayors office and demand an audience. I recall that Occupy Flint went to or invaded Flint Mayor Wallings office last week. What was the out come of that? Was this covered by the media? Did the Occupy media self report? I recall that Walling when he had power came to Occupy Flint with the Police Chief and was very supportive. Why fill his office? What was the result?
fyi-
Occupy Oakland activists barred from City Hall
San Francisco Chronicle - ‎1 hour ago‎
Police push back the protesters as they try to enter the building, which was later locked to keep them out. Police arrested a dozen Occupy Oakland protesters and dismantled a tepee outside City Hall late Wednesday, prompting an unsuccessful attempt by ...

Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through www.attorneybankert.com

Occupy protesters storm City Hall, meet with officials
San Jose Mercury News - ‎2 hours ago‎
By Matthew Artz OAKLAND -- Occupy Oakland protesters tried to force their way into City Hall on Thursday, storming a side door entrance and demanding an audience with Mayor Jean Quan and City Administrator Deanna Santana. Police kept the doors shut but ...
Occupy Oakland protesters meet with city officials after tense scene at City Hall
San Francisco Chronicle (blog) - ‎3 hours ago‎
A group of protesters and some media congregate while a Occupy Oakland Interfaith group member airs out grievances. City of Oakland officials and Occupy Oakland protesters laid the groundwork for building trust at a meeting at City Hall on Thursday ...
12 Occupy Oakland activists arrested; camp dismantled again
Los Angeles Times - ‎16 hours ago‎
Oakland police arrested 12 Occupy activists camping in front of City Hall after the protesters refused to comply with terms of their permit, officials said Thursday. Officers dressed in riot gear surrounded the protesters and dismantled the Occupy ...
Police arrest Occupy Oakland protesters
San Francisco Chronicle - ‎19 hours ago‎
Police have arrested members of Occupy Oakland who were demonstrating in front of City Hall. KGO-TV reports that officers in riot gear moved in on the protesters in Frank Ogawa Plaza late Wednesday night and made several arrests. ...
Occupy Oakland attempts to take over City Hall
Blast - ‎1 hour ago‎
By Jamie Douglas OAKLAND, Calif. — Occupy Oakland protesters determinedly tried to enter City Hall on Thursday in an attempt to take over the mayor's and city administrator's offices; the intrusion follows the arrests of a dozen protesters Wednesday ...
Police nab 12 Occupy protestors
Press TV - ‎3 hours ago‎
The US police have once again attacked an Occupy camp, arresting at least a dozen anti-corporatism protesters demonstrating in front of Oakland City Hall. The arrests were made late Wednesday after the protesters, who were on a day-long vigil, ...
Occupy protesters try to shut down Oakland City Hall
abc7news.com - ‎4 hours ago‎
OAKLAND, Calif. -- Occupy Oakland protesters tried to occupy Oakland City Hall Thursday. While they were unsuccessful, their actions did cause City Hall to be shut down for about three hours. Thursday's demonstration was to show anger at police not ...
Calif., Ind., Occupy protesters get boot
UPI.com - ‎7 hours ago‎
OAKLAND, Calif., Jan. 5 (UPI) -- Police have ordered Occupy protesters to evacuate public spaces in Oakland, Calif., and Bloomington, Ind., where they have set up tents. About a dozen Occupy Oakland protesters were arrested Wednesday at Frank Ogawa ...
Oakland Police Lock Down City Hall During Occupy Protest
SFist - ‎9 hours ago‎
After last night's arrests on Frank Ogawa Plaza, members of Occupy Oakland vowed (on Facebook) to return this afternoon to occupy City Hall proper. The goal of today's Occupy action, according to its event page, was to "go into city hall to occupy the...

Occupy Oakland Attempts to Storm City Hall, Occupy Mayor Jean Quan's Office
SF Weekly (blog) - ‎10 hours ago‎
5 2012 at 3:35 PM It seems that Occupy Oakland's initial intent to dismantle big banks has shifted to a more tenable goal: To make Mayor Jean Quan's first term a living hell. More than two dozen protesters attempted to overtake City Hall this ...
Occupy Oakland: Police Raid City Hall Vigil, 12 Arrested
SF Weekly (blog) - ‎17 hours ago‎
5 2012 at 7:46 AM Police moved in on Occupy Oakland protesters late last night, arresting a dozen as the demonstrated outside City Hall. The protesters were hauled off to jail just two days after the city revoked the Movement's permit to have a tepee ...
Occupy Oakland permit revoked
UPI.com - ‎Jan 4, 2012‎
4 (UPI) -- An Occupy Oakland (Calif.) teepee and leafleting table must be removed from a city plaza as a result of a scuffle between protesters and police, officials said. Thirteen people were arrested and one police officer was hit in the head with a ...
Several Arrested at Frank Ogawa Plaza Again
NBC Bay Area - ‎17 hours ago‎
OAKLAND, CA - DECEMBER 12: Occupy protestors wear Guy Fawkes masks as they participate in a rally at Oakland City Hall on December 12, 2011 in Oakland, California. Following a general strike coordinated by Occupy Oakland that closed the Port of Oakland ...
Illegal Overnight Bonfire Kills Occupy Oakland's Teepee
SFist - ‎Jan 3, 2012‎
The city of Oakland has revoked a permit that had allowed Occupy Oakland to erect its symbolic teepee daily on Frank Ogawa Plaza — which protesters still insist on calling "Oscar Grant Plaza." The permit required that the teepee be removed every night ...
More Arrests As Oakland Occupiers Protest Teepee Removal
SFist - ‎16 hours ago‎
A dozen Occupy Oakland folk were arrested in total after they were marching in front of City Hall in protest of Tuesday's forced removal of their symbolic teepee. Another dozen or so protesters proceeded to march to the jailhouse a few blocks downtown ...
OccupyOakland vigil dismantled, 11 arrested
San Francisco Bay Guardian - ‎12 hours ago‎
Members of the Interfaith organizing contingent within Occupy Oakland have planned another march for 2 pm today. A Facebook event says that protesters may meet at the Plaza, “erect the canopy and then go into city hall to occupy the mayor's and city ...
Occupy protesters meet with city officials, hope for release of jailed ...
Contra Costa Times - ‎8 hours ago‎
By Matthew Artz OAKLAND -- The crowd outside Oakland City Hall has dwindled to about 30 protesters Thursday afternoon after a crowd of Occupy protesters tried to storm the building and a small contingent of demonstrators met with an aide to Mayor Jean ...
Police Arrest Occupy Oakland Protesters After Teepee Dispute
The Bay Citizen (blog) - ‎15 hours ago‎
By Bay City News Service|January 5, 2012 10:51 am |In Occupy Oakland This protester writing his hopes for the movement on a cloth that'll be put on the teepee behind him. Several arrests were made at Frank Ogawa Plaza in downtown Oakland late Wednesday ...

The Occupy movement is a push back protest against economic and social injustice. They began protesting economic advantages give to Wall Street, Big Business, anf Big Banks. OWS encouraged local issues and other social injustice. The Zuccotti Parks statement gave some direction. Protesters and the community looking on are eager to see an intensifying focus, coalition building to pressure and cause change in public policy, local, state and national. So just what is OF doing? Looking back what will the success be?
I Think what is needed is a sustained economic protest addressing a few core concepts but executed is various ways.....CORE CONCEPT... 1.They have taken our houses through an illegal foreclosure process, despite not having the original mortgage. --Occupy Movement Supports this Zuccotti Park Statement by the General assembly of Occupy Wall Street 10/2011....I suggest this core concept which fits with our original focus on BOA....Needed are core hours of protest under the BOA sign. Those that protest 3 hours get to hang out in the camp I will gladly wait on them. What is needed from the interneters are templates for protest action used by other occupy, bring them to us. What is needed from the media committee is self reporting to let our own people know what we are doing. One or more work groups with real leadership are needed to cause this to happen. Your thoughts/commitments...[ Terry Bankert 01/06/2012]

FYI follows
LEGAL

Flint Divorce Law
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http://www.occupyflintlegal.com

http://dumpmyspouse.com/
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Flint Bankruptcy Law
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http://www.nojokebeingbroke.com/
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FLINT NEWS
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http://www.mlive.com/news/flint/
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http://www.abc12.com/category/210512/news
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WNEM TV5
http://www.wnem.com/
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FOX 66
http://wsmh.com/

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FLINT AREA EVENTS
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http://www.geneseefun.com/
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http://www.abc12.com/category/216182/abc12-calendar-notebook

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FLINT AREA ENTERTAINMENT
http://www.mlive.com/entertainment/flint/

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WEATHER
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http://www.bing.com/weather/search?q=weather%20flint&unit=F&qpvt=weather+flint&FORM=DTPWEA
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PRICE OF GAS IN FLINT
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http://flintgasprices.com/
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http://www.abc12.com/category/213633/gas-gauge

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FLINT AREA SCHOOL CLOSINGS
http://www.abc12.com/category/213603/school-closings
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MICHIGAN NEWS
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http://www.mlive.com/news/
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OCCUPY MOVEMENT-MICHIGAN/USA
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Occupy For All
http://occupyforall.wordpress.com/
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Occupy Flint
HTTP://WWW.OCCUPYFLINT.ORG
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Occupy Flint Free Discussion Group
http://www.facebook.com/#!/groups/160631590698009/

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Occupy Flint General Assembly
http://www.facebook.com/#!/groups/occupyflint/

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OF- FLINT CITIZENS & NATIVES
http://www.facebook.com/groups/115717661836719/

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FLINT CHARTER REVISION PETITION DRIVE UPDATE
Petitions are in the field.

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FLINT AREA OBITUARIES

http://topics.mlive.com/tag/Flint%20Obits/index.html
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MIDMICHIGAN BUSINESS
http://www.mlive.com/business/mid-michigan/
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FLINT AREA SPORTS
http://www.mlive.com/sports/flint/
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FLINT LIVING & COMMUNITY Weddings, Engagements, Births, Anniversaries, Obituaries & More
http://www.mlive.com/living/flint/
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JOBS

http://www.mlive.com/jobs/
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CLASSIFIED ADS
http://classifieds.mlive.com/

******
Our Web Family Law and Families in Bankruptcy library.
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Flint Matrimonial Lecture outline under construction forever
http://flintdivorcelawyer.blogspot.com/
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Mediation
http://bankertmediation.blogspot.com/

===

http://attorneybankert.com/
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http://terrybankert.blogspot.com/
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http://dumpmycreditors.wordpress.com/
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http://occupyflintlegal.wordpress.com/

FLINT MUST FIGHT TO CHANGE ITS POLITICAL CULTURE

2011-12-23T06:01:00.001-05:00

FLINT MUST FIGHT TO CHANGE ITS POLITICAL CULTURE,
originally uploaded by terrybankert.

I feel it important to raise a voice for change. I am not proud of my Flint City or its elected officals who have allowed it to slip into recievership twice in my life time. We now have a financial manager whoses employees now include the Flint Mayor and Council.

Their boss gave them their income back as long as they play by his rules. It is his rules that count now in this recievership. The Emergency Manager works for the Republican Governor. The Governors job is to protect the State of Michigan from the liability of a financialy defunct city and to serve the people in it.

Let there be no doubt that our non partisan city government in a community of democrats is now run by a republican. Thank you Mayor and City Council.The change I propose is to get the community involved in charting the course of this city after the republican governor is done running it.

When this governor is done with us I predict our police department will be contracted to the sheriff and our assets will be sold off.

When the the issue of county executive is raised by the Republican Governors friends the Genesee Regional Chamber of Commerce [ an organization inept at job creation but successful at power and resource grabbing] Flint tokenized leaders will read their lines and say Flint has no choice but to join in.

I suggest change in the form a electing a charter revision commission and letting the community participate in this debate to chose its own future.

We are done with downtown over the neighborhoods and elected officals that cannot protect our city.

A petition drive is needed to get on the ballot a question allowing the Flint Citizens to decide if they want the election of a charter revision commission. This commission could recommend charter change to the citizens, none, a little like returning the city council terms back to two years and not paying them to major changes [revision] reducing the council from 9 to 5 , eliminating the mayor and bring city managers and professionalism back to Flint. Several of us will go to the community to earn your support.

I will meet with groups formal and informal on this topic. Your help is request, by me, here. Your thoughts?

Mike Brown FLINT MI leader of the Governors Emergency Manager Horde.

2011-12-22T06:08:00.001-05:00

Mike Brown FLINT MI leader of the Governors Emergency Manager Horde.,
originally uploaded by terrybankert.

We have to remember what he is really here to do. Take our stuff, neuter our elected officals and let the Genesee Regional Chamber Of Commerce have their way with us

FLINT EMERGENCY MANAGER SAYS MAYOR AND COUNCIL NOT THE PROBLEM.[1]
One of the reasons why brown says he restored partial pay is because he does not blame the current mayor or council for Flint's problems.[1]

"If you really look at the financial problems, it's a structural problem that started over 25 years ago, as our tax base declined and our cost of government like legacy costs, pensions and health care, that have gone up, we have less and less to pay for services," says Brown[1]

THAT’S NOT WHAT THE GOVERNORS OFFICE AND TEAM SAID.

A state review found Flint that has deep financial problems and has shifted money around to try to make ends meet.[4]

BY TAKING THESE DOLLARS THE FLINT CITY COUNCIL NOR MAYOR CAN MEET WITH CONSTITUENTS WITHOUT THE EMERGENCY MANAGERS PERMISSION.WE HAVE NO ELECTED REPRESENTATIVE THE EMERGENCY MANAGERS JUST HAS EMPLOYEES

In a written directive issued Tuesday, Brown announced that city council would be allowed one scheduled meeting per month for hearing public comment, conducting public hearings and addressing other matters to be decided by the emergency manager, the Flint Journal reports. Brown will also allow council members to attend public meetings in their respective wards, Michigan Radio reports.[2]

In a written directive issued Tuesday, Brown announced that city council would be allowed one scheduled meeting per month for hearing public comment, conducting public hearings and addressing other matters to be decided by the emergency manager, the Flint Journal reports. Brown will also allow council members to attend public meetings in their respective wards, Michigan Radio reports.[2]

COUNCIL PERSON SAID SHE WANTED MORE MONEY, FOR HERSELF?

Council member Jackie Poplar says she would wanted at least 50% of her council pay restored, but she says she can live with the $7,000 restoration and would work for nothing if she had to. "I was elected by the people, for the people, and I continue working for the people."[1]

ORGANIZED BEGGING

"We've been meeting and we've been talking about the role and the responsibilities of the city council and talking about having a forum for the city council to be able to continue to play a role in government," City Council President Scott Kincaid told the Flint Journal. "So I'm pleased that he's looking at us playing a role."[2]

BROWN RECOGNIZES THE REAL COLLABORATIVE SKILL SET OF THE COUNCIL AND GREAT ABILITIES OF FLINTS MAYOR.

Flint Emergency Manager Michael Brown restores partial pay for the mayor and city council.

The mayor and city council see this as a vote of confidence in their skills and a willingness to work together.

Council member Jacqueline Poplar says, "It means that we are going to move forward. It means that he is trying to work with us."[1]

WALLING NEW JOB ASSIGNEMENT, GO TO MEETINGS. ISN’T THIS WHAT EASON HAD HIM DOING?

Brown’s order includes a list of responsibilities for Walling, including facilitating economic development prospects; holding positions on various boards, such as the Karegnondi Water Authority, Genesee Regional Chamber of Commerce and Flint Downtown Development Authority; and holding open office hours and communicating with residents.[3]

THE BACKROOM DEAL FROM DAY ONE WAS TO KEEP THE MONEY FL;OWING TO THE ELECTED OFFICALS.

Emergency Manager Michael Brown says public act four of the emergency manager law requires the pay of elected officials to be reduced to zero.[1]

POWER CAN BE USED WISELY AND NOT.

However, he has the power to restore pay.[1]

AGREED, ELECTIONS DO MEAN SOMETHING.

"These are elected representatives, and I think as long as we can work out a cooperative arrangement, it's important government can continue to function that way," says Brown, who also restored Mayor Dayne Walling's pay by 60%.\[1]

YOU HAVE TO GIVE KINCAID CREDIT HE KEPT THE FLINT CITY COUNCIL IN THE GAME. HE SHOULD HAVE BEEN MAYOR. THANK YOU BOB EMERSON-NOT,

City Council President Scott Kincaid also applauded the resumption of city council meetings.

“We’ve been meeting and we’ve been talking about the role and the responsibilities of the city council and talking about having a forum for the city council to be able to continue to play a role in government,” said Kincaid. “So I’m pleased that he’s looking at us playing a role.”[3]

The order also said council members “shall address the concerns of their respective constituencies,” attending meetings in their wards as directed by Brown and communicating with their residents.[3]

BROWN IS LOOKING FOR COLLABORATORS NOT INSURGENTS, HE FOUND THEM FOR POCKET CHANGE.

"He made a commitment that this was going to be a collaborative process and is recognizing there is a number of positive efforts that were underway. Council has an important role to play in committees, providing public hearings for ordinances, and other changes and that right here within the staff that was in place that were involved in initiatives that he wants to see continued," says Walling.[1]

SOME OTHER DUDE DID IT.

One of the reasons why brown says he restored partial pay is because he does not blame the current mayor or council for Flint's problems. [1]

BROWN AGREES FLINT HAS A STRUCTURAL PROBLEM. THE ONLY STRUCTURE IS THE FLINT CITY CHARTER. IF BROWN WILL PUT THE CHARTER REVISION QUESTION ON THE BALLOT I WILL PLEDGE TO ONLY THROW OLIVE BRANCHES AND ROSE PETALS AT BROWNS FEET AND HIS NEW EMPLOYEES.[Mayor and Council] [ Okay in Flint Speak if he will order the ballot question I will kiss his …...]

"If you really look at the financial problems, it's a structural problem that started over 25 years ago, as our tax base declined and our cost of government like legacy costs, pensions and health care, that have gone up, we have less and less to pay for services," says Brown.[1]

JAN 15 2012 WILL BE REMEMBER AS THE DAY THE FLINT COMMUNITY WAKES UP....

Brown has until January 15th to present his budget plan to the state and then execute that plan.[1]

MIKE , JUST DO WHAT IT TAKES, QUICKLEY, HARSHLY, DO NOT SHELTER PAST DECISION MAKERS, LET US DEAL WITH THEM .HELP US BUILD A NEW FUTURE THROUGH CHARTER REVISION. WE RESPECT YOU, U SHOULD HAVE RUN FOR MAYOR.....

He says he's still overwhelmed by the job and that it could take some time.[1\]

[1]

http://www.minbcnews.com/news/story.aspx?id=699852#.TvL-btQeNLc

[2]

http://www.huffingtonpost.com/2011/12/21/flint-emergency-manager-restores-power-pay_n_1163038.html

[3]

http://www.mlive.com/news/flint/index.ssf/2011/12/flint_emergency_manager_partia.html

[4]

http://www.therepublic.com/view/story/e10c4b2cae8d48f6a5e94c63f1d7b95f/MI--Flint-Finances/

Did you know that if DNA shows you to be the father of a marriedwoman's child you have no rights to see your child in Michigan!

2011-12-18T05:48:00.001-05:00

Did you know that if DNA shows you to be the father of a married woman's child you have no rights to see your child in Michigan!,
originally uploaded by terrybankert.

GOOD MORNING FLINT!

Date12/18/2011

By Flint Divorce Bankruptcy Attorney Terry Bankert. Downtown Flint Lawyer 235-1970

FLINT OR MICHIGAN FATHERS CHILD CUSTODY AND PARENTING TIME RIGHTS

Michigan Child Custody and Parenting time Law keeps Matt Dykema from seeing his young daughter and having child custody and parenting time, he cannot be the father that DNA says he is.[see 1]

FATHERS HAVE A VARIETY OF PRESSURES WHEN THEY TRY TO SEE THEIR CHILDREN

FOR INSTANCE - Kate Gosselin shares custody of her eight kids with their father Jon Gosselin . While a divorce can be messy, it is always encouraging when the parents find a new partner who is willing to, not only accept them, but also their children. Apparently Jon has found that and if a new report is to be believed, Kate is slightly jealous that her kids have taken so well to his girlfriend.[4]

IT JUST FEELS HORRIBLE AND UNFAIR THAT A CHIULD DOES NOT GET TO KNOW THEIR BIOLOGICAL FATHER IF HE STEPS FORWARD UNDER MICHIGAN LAW!

Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through http://www.attorneybankert.com/

Under Flint Divorce and Michigan divorce and child custody Law today the current husband is presumed by the law to be the “father” of a child when the married party may not have had contact for years. Is that fair?

The Biological Flint or Michigan father can not even get his case heard in a Michigan Family Law Court. The plaintiff must allege that the child was born out of wedlock. Girard v Wagenmaker, 437 Mich 231, 470 NW2d 372 (1991). This requirement frequently creates a problem of standing if a man seeks to establish his paternity when the mother was married to another person during any part of the pregnancy.[2]

see here; http://goodmorningflint.blogspot.com/2011/12/did-you-know-that-if-dna-shows-you-to.html
WHAT IF DNA PROVES HE IS THE FATHER

A DNA test proves Matt Dykema is the girl's father, but the baby's mother was married to another man when the child was born. The two have since divorced.[1]

CHILD BORN IN THE MARRIAGE IS OF THE MARRIAGE

News articles say that A 1956 Michigan law says a child born during a marriage is a product of the marriage. Judges follow that law when deciding custody issues. It gives the ex-husband more rights than the biological father.[1] SEE http://terrybankert.blogspot.com/2011/12/dna-may-prove-you-to-be-father-but-does.html

More specifically the rights of a biologoical father not married to the mother to see the child do not exist in Michigan. The Child Custody Act of 1970, MCL 722.21 et seq., is no longer used to determine paternity. A putative father may not seek custody or parenting time under the Child Custody Act unless there is first an acknowledgment of paternity or an order of filiation under the Paternity Act. Hoshowski v Genaw, 230 Mich App 498, 584 NW2d 368 (1998); Afshar v Zamarron, 209 Mich App 86, 530 NW2d 490 (1995).[2]

DID YOU KNOW -In divorce proceedings, the general rule in Michigan is that the court does not have the power to litigate the rights of persons other than the husband and the wife. Yedinak v Yedinak, 383 Mich 409, 175 NW2d 706 (1970). In addition, the authority of the court is purely statutory, Flynn v Flynn, 367 Mich 625, 116 NW2d 907 (1962), and no statute provides for determination of the paternity of a third party as part of a divorce action, Pruitt v Pruitt, 90 Mich App 230, 282 NW2d 785 (1979). However, the court may determine the paternity of the husband during such a proceeding. Serafin v Serafin, 401 Mich 629, 258 NW2d 461 (1977); Atkinson v Atkinson, 160 Mich App 601, 408 NW2d 516 (1987). A court must have in personam jurisdiction over the husband to make a paternity determination pursuant to a divorce decree. Gonzales v Gonzales, 117 Mich App 110, 323 NW2d 614 (1982).[3]

MICHIGAN PRESUMES THE CHILD TO BE OF THE HUSBAND AND KEEPS ALLEGED BIOLOGICAL FATHERS OUT.

According to statute and caselaw, there is a strong presumption that any child conceived or born to a married couple before commencement of a suit for divorce is legitimate; this presumption may be rebutted only by clear and convincing evidence. Raleigh v Watkins, 97 Mich App 258, 293 NW2d 789 (1980); Johnson v Johnson, 93 Mich App 415, 286 NW2d 886 (1979). Michigan courts allow a husband and wife to testify regarding a child’s paternity. Serafin. [3]

A finding of fact in a divorce decree that a child was born of the parties’ marriage establishes the child’s paternity. Hackley v Hackley, 426 Mich 582, 395 NW2d 906 (1986). Once a child is determined to be a child of the marriage in a divorce judgment, the doctrine of res judicata bars relitigation of paternity, even if the issue was not contested in the divorce. In re Cook Estate, 155 Mich App 604, 400 NW2d 695 (1986). In Cook, a mother whose deceased child was declared to be a child of the marriage in the divorce judgment was barred from asserting in a subsequent proceeding that her former husband was not the child’s biological father. In Rucinski v Rucinski, 172 Mich App 20, 431 NW2d 241 (1988), a father’s attempt to deny paternity of a child born during a marriage that ended in divorce was barred by res judicata. Since he had not denied paternity during the divorce proceedings, the divorce judgment and support order constituted an adjudication of paternity.[3]

IN DYKEMA MOM THEN DIVORCED AFTER THE BIRTH, EX HUSBAND WILL NOT GIVE UP HIS RIGHTS.

Matt Dykema and his attorney have requested the woman's ex-husband relinquish his rights but, so far, he has refused. It has Dykema and his Muskegon attorney Chris Houghtaling looking to Lansing for help -- and they might get it.[1]

BILL PENDING TO GIVE BIOLOGICAL FATHER RIGHTS

In December, the Michigan Senate unanimously approved four bills that would update the old law. It's the work of Senator Rick Jones, a Republican from Eaton Rapids. [1]

JUDGES TO HAVE MORE FLEXIBILITY

Jones says his legislation would allow judges more flexibility to hear and rule on cases like the one in Ottawa County, ultimately allowing them to make decisions based on what's best for the children.[1]

LEGISLATURE TO ARGUE ISSUE IN 2012

The House Judiciary Committee is expected to take up the bills in 2012. [1]

WHAT THE FATHER NEEDS IS AN ORDER OF PATERNITY

The stated purposes of the Michigan Paternity Act (Paternity Act), MCL 722.711 et seq., are to confer on circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determining such liability; to authorize agreements for furnishing such support and to provide for enforcement; and to prescribe penalties for the violation of certain provisions of the Paternity Act. Most paternity actions in Michigan are brought under the Paternity Act. If paternity is not voluntarily established, the party seeking a finding of paternity must file suit in the family division of the circuit court. The mother, the alleged father, or the Department of Human Services (DHS) may bring the action. Genetic testing is available as a valuable and objective means of resolving paternity cases before trial. If a determination of paternity is made, the court must enter an order of filiation. The order of filiation must provide for the support of the child, reimbursement of the medical expenses incurred in the child’s birth, health care insurance coverage when it can be obtained at a reasonable cost, and support for the period before the order was entered.[2]

The purpose of the Paternity Act is to provide for support of children born out of wedlock. Van Laar v Rozema, 94 Mich App 619, 288 NW2d 667 (1980); Tuer v Niedoliwka, 92 Mich App 694, 285 NW2d 424 (1979); Smith v Robbins, 91 Mich App 284, 283 NW2d 725 (1979); Boyles v Brown, 69 Mich App 480, 245 NW2d 100 (1976). The act confers jurisdiction on the circuit courts to compel and provide support for children born out of wedlock, to set forth procedures to determine liability, to authorize agreements providing for support and enforcement of such agreements, and to prescribe penalties for violation of certain provisions of the act. MCL 722.711 et seq.[2]

722.714 Paternity proceeding; parties; venue; action not required; commencement of action; statute of limitations; initiating and conducting proceedings; utilization of child support formula; verification of complaint; charge; summons; default judgment; genetic paternity testing; next friend or guardian ad litem; rights of indigent defendant; order of filiation.

SOURCES THIS ARTICLE

[1]

http://www.wzzm13.com/news/article/190315/2/Biological-father-seeks-help-gaining-parental-rights

[2]

Michgian Family Law ch 21 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at

http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=21

(last updated 12/09/2011

[3]

http://www.legislature.mi.gov/(S(0sju2nu33jxa5145ihib0x55))/mileg.aspx?page=getobject&objectname=mcl-722-714

[4]

http://celebs.gather.com/viewArticle.action?articleId=281474980922294

LEGAL
Flint Divorce Law
http://dumpmyspouse.com/

Flint Bankruptcy Law
http://www.nojokebeingbroke.com/

FLINT NEWS
http://www.mlive.com/news/flint/

Poll: Should a community consider contracting police services with the sheriff's department if it saves money?
http://www.mlive.com/news/flint/index.ssf/2011/12/poll_should_a_community_consid.html

Specificaly should Mr Brown Flints Financial Manager should strongly consider (emphasis on consider) doing what Oakland County did with Pontiac PD

http://www.abc12.com/category/210512/news

WNEM TV5

The Senate voted Saturday to temporarily avert a Jan. 1 payroll tax increase and benefit cutoff for the long-time unemployed, forcing a reluctant President Barack Obama to make an election-year choice between unions and environmentalists over whether to build an oil pipeline through the heart of the country.

http://www.wnem.com/

FOX 66

NYC Protesters Mark 3 Months of Occupy Wall Street

A group of protesters have gathered in a small New York park to mark three months since the start of the Occupy Wall Street movement.

http://wsmh.com/

FLINT AREA EVENTS

Magic Trip

Presented by Flint Institute of Arts at Flint Institute of Arts

December 16-December 18, 2011

The Friends of Modern Art film series at the Flint Institute of Arts presents a free-wheeling documentary from the makers of "Enron: The Smartest Guys in the Room" and the Oscar-winning "Taxi to the Dark Side." This film chronicles the fabled journey across 1960s America by writer Ken Kesey ("One Flew Over the Cuckoo's Nest") and his band of pals known as the Merry Pranksters.

http://www.geneseefun.com/

http://www.abc12.com/category/216182/abc12-calendar-notebook

FLINT AREA ENTERTAINMENT

http://www.mlive.com/entertainment/flint/

-

WEATHER

-

http://www.bing.com/weather/search?q=weather%20flint&unit=F&qpvt=weather+flint&FORM=DTPWEA

-

PRICE OF GAS IN FLINT

-

http://flintgasprices.com/

-

http://www.abc12.com/category/213633/gas-gauge

-

FLINT AREA SCHOOL CLOSINGS

http://www.abc12.com/category/213603/school-closings

-

-

MICHIGAN NEWS

-

http://www.mlive.com/news/

-

OCCUPY MOVEMENT-MICHIGAN

-

http://occupyforall.wordpress.com/

-

http://www.occupyflint.org/

-

FLINT CHARTER REVISION PETITION DRIVE UPDATE

Petitions are in the field.

-

FLINT AREA OBITUARIES

http://topics.mlive.com/tag/Flint%20Obits/index.html

-

MIDMICHIGAN BUSINESS

http://www.mlive.com/business/mid-michigan/

-

FLINT AREA SPORTS

http://www.mlive.com/sports/flint/

-

FLINT LIVING & COMMUNITY Weddings, Engagements, Births, Anniversaries, Obituaries & More

http://www.mlive.com/living/flint/

-

JOBS

http://www.mlive.com/jobs/

-

CLASSIFIED ADS

http://classifieds.mlive.com/

******

Origional Occupier

2011-12-16T06:00:00.001-05:00

Origional Occupier,
originally uploaded by terrybankert.

Good Morning Flint!
GOOD MORNING FLINT!

Date: 12/16/11

Q: Can the Flint Emergency Manager Terminate a City Offical from the position of Flint Mayor, Flint City Council of Flint Ombudsman.

The link below is the order of the Flint Emergency Manager in its entirety. Please note that he correctly cites a statute authority to eliminate City Departments. He clearly refers to the Flint Ombudsman as an “ Office”. He then terminates an Office when his only authority was to eliminate a department. Just a word..Office...what can it mean. He can eliminate a department, but can he t terminate an individual or officia?. Well he cannot eliminate the office of Mayor. He cannot eliminate the office of City Council. I argue he cannot eliminate the office of City of Flint Ombudsman. Gee, if I am right here what are the implications for the Office of Ombudsman? Where else could he be overstepping his authority, if he has? What do you think.- Terry Bankert of Flint-

http://www.cityofflint.com/FinancialMgr/pdf/11EM005.pdf

Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through http://www.attorneybankert.com/

LEGAL

Flint Divorce Law
http://www.attorneybankert.com/

DID YOU KNOW?

Spousal support payments are taxable under IRC 71 and deductible under IRC 215 if certain requirements are satisfied.

Statutory requirements. The following are the more significant statutory requirements for taxable/deductible treatment:

Cash payments. Payments must be in cash (the use of a residence, i.e., imputed rent, does not qualify).

Termination on the payee’s death. The payer’s obligation to make the payments must terminate when the payee dies; furthermore, there must be no obligation for the payer to make any payment as a substitute after the payee’s death (such as a continuation of payments to the payee’s estate or to children of the marriage).

Not designated as child support. The payments must not be designated as child support (although “unallocated family support” payments—constituting both spousal support and child support—may qualify if certain requirements are satisfied).

Spousal support recapture. Qualifying payments that are disproportionately skewed or bunched in the first couple of years after settlement may be subject to recapture. The recapture rule applies during the three calendar years beginning with the first year payments are made.

When there is excess front-loading, recapture means that a portion of payments deducted by the payer and taxed to the payee will flip, that is, become taxable to the payer and deductible by the payee.

The purpose of recapture is to discourage labeling property settlement payments as spousal support to obtain a tax deduction. Property is likely to be paid in a lump sum at or near settlement; spousal support is more likely to be paid in level annual payments over time.

Recapture will not occur unless:

$15,000 threshold. Annual spousal support payments exceed the $15,000 statutory allowance.

Decline of payments during the first three years. Annual payments decline from one year to the next by more than $10,000 either from the first calendar year in which payments are made to the second or from the second calendar year to the third. Thus, a decline in spousal support payments after the third calendar year will not result in recapture.

The following are exceptions to these requirements:

Death or remarriage. Recapture will not result if a decline in or termination of spousal support is incident to the death of either party or the remarriage of the payee spouse.

Fluctuating income. This exception applies if payments drop by more than $10,000 from one year to the next during the three-year measuring period due to a decline in income (e.g., an annual bonus or incentive pay award) to which the payee spouse is entitled to a certain percentage.
SEE
http://www.icle.org/modules/books/chapter.aspx?Chapter=9&book=2006553550&lib=family#i2006553550-ch9-ti2
-
http://dumpmyspouse.com/
-
Flint Bankruptcy Law
-

http://www.nojokebeingbroke.com/
-
FLINT NEWS
-

http://www.mlive.com/news/flint/
-
http://www.abc12.com/category/210512/news
-

FLINT AREA EVENTS

http://www.geneseefun.com/

http://www.abc12.com/category/216182/abc12-calendar-notebook

FLINT AREA ENTERTAINMENT

http://www.mlive.com/entertainment/flint/
WEATHER

http://www.bing.com/weather/search?q=weather%20flint&unit=F&qpvt=weather+flint&FORM=DTPWEA

PRICE OF GAS IN FLINT
http://flintgasprices.com/

http://www.abc12.com/category/213633/gas-gauge

FLINT AREA SCHOOL CLOSINGS

http://www.abc12.com/category/213603/school-closings

MICHIGAN NEWS
http://www.mlive.com/news/

OCCUPY MOVEMENT-MICHIGAN
http://occupyforall.wordpress.com/

http://www.occupyflint.org/

FLINT CHARTER REVISION PETITION DRIVE UPDATE

Petitions are in the field.

FLINT AREA OBITUARIES

http://topics.mlive.com/tag/Flint%20Obits/index.html

MIDMICHIGAN BUSINESS

http://www.mlive.com/business/mid-michigan/

FLINT AREA SPORTS

http://www.mlive.com/sports/flint/

FLINT LIVING & COMMUNITY Weddings, Engagements, Births, Anniversaries, Obituaries & More

http://www.mlive.com/living/flint/

JOBS

http://www.mlive.com/jobs/

CLASSIFIED ADS

http://classifieds.mlive.com/

******

TZU, Flintoid and a couple of Occupiers

2011-12-13T04:37:00.001-05:00

TZU, Flintoid and a couple of Occupiers,
originally uploaded by terrybankert.

Subdue the powerful without fighting by causing stuff to happen that allows them to decide it is not in their interest to attack/control/"act on you".If you cannot win do not use troops. If you are not in danger do not fight. All warfare is based upon deception. ( see, SUN TZU " The Art of War")

Yesterday there were concerns of eviction. Today there are none.

Yesterday there was chaos,suspicion,betrayal, false leaders, fear, mission doubt and self doubt at OCCUPY FLINT. Today I sense there is a recommittment to the Occupy Movement and individual responsibilities in a consensus driven participatory democracy

Today we / I have a calm realization that in a protest movement founded on confontation of power making no apologies .....stuff happens

Post above by Terry Bankert

THINGS HAPPENING AT OCCUPY FLINT, [reposting]

Justin Beckley ill spread the word Protest 2-5 @ North ZBank Center (stabenaws office)...against the NDA

from facebook pertaining to 12/13/2011

*****

GA usually around 7 pm every day.

****

Michael Burton from facebook

A summary of what happened today:12/12/2011

This morning Occupy Flint was served with a notice that the property owner(s) wanted us to leave the site. This was based on information flowing from unconfirmed sources, upon which some Occupy Flint members acted without consensus from the GA, asking for help dismantling the camp when in fact there was no actual order or citation yet seen by us.

Following up on the rumor that the City Code Enforcement Office was about to cite the camp for violations, calls were made. This is what was discovered:
...
Some pressure from downtown businesses and the Durant hotel owners was put on the city code enforcement office to do.... something, anything, to make OF go away (because, apparently, of the amount of support pouring from Flint residents--it was making them nervous). So Someone close to the code enforcement office heard talk about citing the camp, and informed one of our members, who reacted as though a shut-down was a done deal.

Upon hearing the allegations that were flying, the property owner(s) decided it was too much drama (and probably they were under pressure from many of the same sources as the enforcement office), and so they asked us, very nicely, to leave.

Then, as time permitted, a more thorough investigation took place and we learned that
the city attorney's office said there is NO plan to cite the camp or to try and find reasons to cite the camp.

With this information, the property owner(s) agreed Occupy Flint could stay, unless of course the property gets sold.

see
https://www.facebook.com/photo.php?fbid=2626791160952&set=a.1487110429646.71351.1590497652&type=1&theater

*****

Erin Erwin from facebook see next post on petition

workshop in Lansing on Friday. It is a splendid opportunity to learn very much from someone who has been working with petitions and campaigns for a very long time! This is an update and change of location for this committee. I will be at Wise Guyz Pizza at 8 to have an informal, brief meeting on this and a few other subjects relative to it. [today 12/13/2011]

[see post below a to topic-trb]
*****

Erin Erwin on facebook

So, here is what I have been talking to some of you about and I'd like to post this status as an opportunity for any of you who may be interested in petition circulation. The meetings I have been attending are all relative to ending marihuana prohibition. The text I'm sharing is work so far on actual language attorneys have spent much time preparing and may be slightly changed but I want to share it to get some opinions, if any at all.

"CONSTITUTION AMENDMENT TO END MARIHUANA PROHIBITION IN MICHIGAN

A petition to amend the Michigan Constitution Article 1, to add;

Article 1 Section 28, Repeal of Marihuana Prohibition.

For persons at least 21 years of age, who are not incarcerated, marihuana acqusition, cultivation, manufacture, delivery, transfer, transportation, sale, possession, religious, medical or personal use, ingestion, presence in or on the body, or possession or use of paraphernalia shall not be prohibited abridged, or penalized in any manner; nor subject to civil forfeiture; provided that no person shall be permitted to operate a motor vehicle while impaired."

Awesome, right?!

Bill Schuette, our Attorney General has a long history in his family with DOW Chemical. Understandably from his point of view... he doesn't want marijuana to be legalized because it would negatively impact that company because of the various uses marihuana would provide and impact that particular industry. This is an incredible 'local' example of what kind of corporate interests control politicians and personal agendas they are following instead of meeting the requests and demands of The People first. The Attorney General is a public servant... and with his clear and strong opposition to our current Medical Marihuana Laws, it shows well how little he cares about you and yours.

This status is a call to action! Take some time to contact me with what you can bring the table if you'd like and I can help get you on board with tasks... even if you don't feel you have time to physically support this petition circulation... there are many other things you can do, even from the very chair and computer or phone you are reading this from. : ]

Closet marijuana users, Occupation brothers and sisters, friends, neighbors... all of you! I am asking for your help, come January, when this petition will be ready.

Food, fuel, fiber, clothing, medicine, JOBS and so much more...! We The People have a Voice so let's show the government what We want and what We need!

I want to add that I still plan tomorrow on holding a brief committee tomorrow evening after a GA regarding an actual workshop on Friday that I will be attending regarding petition circulation. It will involve going to Lansing on Friday and collecting information from people who would like to become involved with this very thing.

I will also be bringing forward a proposition for Occupy Flint to support this petition and circulate it after a concrete petition sheet is in my hands so you all know exactly what you're agreeing to....end from Erin Erwin

****

Daily protes under the Bank of America sign downtown Flint.

"OCCUPY FLINT" The movement is getting stronger. The camp at 505 MLK Ave. Flint Mi is threatened.

2011-12-11T05:25:00.001-05:00

OCCUPY FLINT,
originally uploaded by terrybankert.

YOUR HELP IS NEEDED.

1. Protesters

2.Camp support

3. To be decided by GA later,Contributors to legal defense fund [ if not pro bono]

4. Legal Defense team. Contact Terry Bankert at 810-730-6427

5. Lobby for Occupy Flint if you can. TO; City Emergency Manager, your union, your church, your Governor, your legislature, your Mayor, your council person, your neighborhood group, your clubs and associations,and to any person or organization that you think can help. You make the contact please. Call them. Write them, talk to them in person. Message them by face book,and post on their facebook wall.

GOOD MORNING (OCCUPIED) FLINT! 12/11/2011

The movement in Flint is strong and getting stronger. The Camp at 505 MLK Ave. Flint Mi is threatened.
Our American Indian tribal camps were crushed. Our right to peaceful assembly and free speech as a people was trampled. Our people and culture scattered to the winds. The same is happening to our "Occupy Movement" brothers and sisters.

What will be the legacy of the Occupy movement? Now is not the time to give up hope occupiers. This country is founded on the principals of peaceful assembly and free speech. Zoning restrictions and building codes are secondary to these sacred American principals. Occupy Flint has not confronted our brothers and sisters on the Flint Police force. We have not distracted scarce city resources or cost the city a dime.The headquarters of Occupy Flint is on Private property, 505 MLK Ave. Flint Mi 48503.It will be legally costly to the City of Flint to attempt ,and it will fail, to move Occupy Flint from this site.

What ever happens to this camp site will not stop the " Occupy Flint" movement.

OCCUPY FLINT AND SUPPORTERS JOIN US IN RENEWED NATIONALISM

2011-12-07T05:13:00.001-05:00

OCCUPY FLINT AND SUPPORTERS JOIN US IN RENEWED NATIONALISM,
originally uploaded by terrybankert.

“OCCUPY FLINT” SUPPORTERS- If you are part of the 99% wanting change in the United States of America join us in Flint MI. Downtown Flint next to the Durant Hotel 505 MLK Ave, Flint MI. Stop by.

99%ERS THIS IS YOUR DEFINING MOMENT JOIN IN THE FIGHT LIKE PROVIDING FOR YOUR FAMILY DEPENDS ON IT! BECAUSE IT DOES! Join with “ Occupy Flint” 505 MLK Ave, Downtown Flint north of the river next to the Hotel Durant.

MESSAGE , FROM TERRY BANKERT,TO “OCCUPY FLINT”AND SUPPORTERS. PRESIDENT BARRACK OBAMA IN HIS 12/06/11 SPEECH FROM OSAWATOMIE SHOWED HE IS WITH US THE 99% AND NOW OUR “WAR CRY” FOR RENEWED NATIONALISM IS ON.

ECONOMIC INEQUALITY THE DEFINING MOMENT OF OUR TIMES. said President Obama

No more your on your own economics.
SUPPORT THE AMERICAN DREAM, WE DO.

NEW FAIRNESS, NEW DEAL,, SQUARE DEAL,OBAMA CARE WORKING ,REPUBLICANS TRUMPED, DEFEND WORKING-CLASS AMERICANS, NEW POPULISM, RENEWED NATIONALISM.

“Renewed Nationalism “ the call to arms by President Obama from Osawatomie, Kan. 12/06/11

“OCCUPY FLINT” SUPPORTERS- If you are part of the 99% wanting change in the United States of America join us in Flint MI. Downtown Flint next to the Durant Hotel 505 MLK Ave, Flint MI. Stop by.

99%ERS THIS IS YOUR DEFINING MOMENT JOIN IN THE FIGHT LIKE PROVIDING FOR YOUR FAMILY DEPENDS ON IT! BECAUSE IT DOES! Join with “ Occupy Flint” 505 MLK Ave, Downtown Flint north of the river next to the Hotel Durant.

WHAT CAN TO DO TO SHOW YOUR RENEWED NATIONALISM? Protest out side under the Bank Of America Sign downtown Flint.

If your home is in foreclosure and want to fight back we will join with you and to OCCUPY YOUR HOME”.

LOCAL ACTION

Join us in our active support and action in the petition drive to overturn the Michigan Emergency Manager Law, and locally join with us in circulating the Occupy Flint Petition calling for a General Revision of the Flint City Charter and giving our city back to its citizens. Stop by our Camp at 505 MLK Ave downtown Flint next to the Durant Hotel. We are there 24/7.[ Terry Bankert of Occupy Flint]

CALL YOUR CONGRESSMAN

We must end the Bush Tax Cuts today. President Barrack Obama in his speech from Osawatomie, Kan.joined the “Occupy Movement”

AGAIN.99%ERS THIS IS YOUR DEFINING MOMENT JOIN IN THE FIGHT LIKE PROVIDING FOR YOUR FAMILY DEPENDS ON IT! BECAUSE IT DOES! Join with “ Occupy Flint” 505 MLK Ave, Downtown Flint north of the river next to the Hotel Durant.

"This isn't just another political debate. This is the defining issue of our time," he [OBAMA]said. "At stake is whether this will be a country where working people can earn enough to raise a family, build a modest savings, own a home and secure their retirement." http://www.freep.com/article/20111207/NEWS07/112070328/Obama-promises-he-ll-fight-to-help-the-middle-class

THE 99% have the right to feed their family and own a home in America. We have suffered decades of economic policies that have benefited the only the richest and destroyed the middle class.

"This country succeeds when everyone gets a fair shot, when everyone does their fair share, and when everyone plays by the same rules," he [ President Barrack Obama] ”

Obama promises he'll fight to help the middle class
http://www.freep.com/article/20111207/NEWS07/112070328/Obama-promises-he-ll-fight-to-help-the-middle-class

Obama call to arms “A New Nationalism" to make his call for the payroll tax cut and deliver a broader message against the Republican economic agenda. It was his third trip out of Washington in three weeks to press for passage of the payroll tax break set to expire next month.”

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/12/06/MNQT1M94VA.DTL#ixzz1fpucXNaO

Occupy Flint is an ongoing peaceful ,assembly using the tools of free speech and protest of National and local economic policies that help the few(1%) and harm the many (99%).

Nationally it has been Congressional policy that through bailout and stimulus benefited Wall Street, Big Business and Big Banks. This same policy process offered no meaningful help to our middle class and poor families loss of jobs, home, dignity .ability to live in peace in their own homes and sustain their families.

President Obama spoke 12/06/11 from Osawatomie, Kan.“Infusing his speech with the type of populist language that has emerged in the Occupy protests around the nation, Obama warned that growing income inequality meant that the United States is undermining its middle class. He said it "gives lie to the promise that's at the very heart of America: ... that this is the place where you can make it if you try.

"This is a make-or-break moment for the middle class, and all those who are fighting to get into the middle class," Obama said as he sought to make an economic case for his re-election. "At stake is whether this will be a country where working people can earn enough to raise a family, build a modest savings, own a home and secure their retirement."

Obama chose this town of 4,500 people where Theodore Roosevelt once laid out the progressive platform he called "A New Nationalism" to make his call for the payroll tax cut and deliver a broader message against the Republican economic agenda. It was his third trip out of Washington in three weeks to press for passage of the payroll tax break set to expire next month.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/12/06/MNQT1M94VA.DTL#ixzz1fptOhQwI

Locally we have seen in Flint a Municipal government organized by a dysfunctional outdated City Charter that has given preference to the 1% that back and profit from Downtown economic policies to the detriment of Flint having a meaningful neighborhood agenda. Downtown economic policies that cater to Uptown reinvestment and monopolistic policies ot the Genesee Regional Chamber of Commerce including a Downtown Foundation with its capitalist son.

Long term we plan to change the actors and their agenda in Washington. Locally we plan to change the foundation of local decision by changing the Flint City Charter and thereby changing how economic decisions are made in Flint. What can a Charter do?. It can make Flint City Council positions unpaid and not a career. It can eliminate the Flint Mayors positions that has through several administration walked us into economic irresponsibility and two take overs by the state of Michigan. The Charter can change the number of city council member from the bloated top heavy 9 to an efficient streamlined 5. The Citizens protector the Flint Ombudsman can be given enhanced powers to seek legal remedy when the mayor or council violate the Flint City Charter. The are hundreds of other changes that you can make to your charter to build a better life for you in flint. Join us.

I am proud of the “ Occupy Flint “ movement in Flint.

The founding principals of the occupy movement can be found in the following statement.

This statement was issued from Zuccotti Park by the general assembly at Occupy Wall Street. on or about 10/07/2011

“As we gather together in solidarity to express a feeling of mass injustice we must not lose sight of what brought us together. We write so that all people who feel wronged by the corporate forces of the world can know that we are your allies. As one people, united, we acknowledge the reality that the future of the human race requires the cooperation of its members. That our system must protect our rights, and upon corruption of that system, it is up to the individuals to protect their own rights, and those of their neighbors. That a democratic government derives its just power from the people, but corporations do not seek consent to extract wealth from the people, and the Earth, and that no true democracy is attainable when the process is determined by economic power.

We come to you at a time when corporations — which place profit over people, self-interest over justice, and oppression over equality — run our governments. We have peaceably assembled here as is our right to let these facts be known.

They have taken our houses through an illegal foreclosure process, despite not having the original mortgage.

They have taken bailouts from taxpayers with impunity, and continue to give executives exorbitant bonuses.

They have perpetuated inequality and discrimination in workplaces based on age, the color of one’s skin, sex, gender identity, and sexual orientation.

They have poisoned the food supply through negligence, and undermined the farming system through monopolization.

They have profited off the torture, confinement, and cruel treatment of countless animals, and actively hide these practices.

They have continuously sought to strip employees of the right to negotiate for better pay and safer working conditions.

They have held students hostage with tens of thousands of dollars of debt on education, which is, itself, a human right.

They have consistently outsourced labor and used that outsourcing as leverage to cut worker’s health care and pay.

They have influenced the courts to achieve the same rights as people with none of the culpability or responsibility.

They have spent millions of dollars on legal teams, but look for ways to get them out of contracts in regards to health insurance.

They have sold our privacy as a commodity.

They have used the military and police force to prevent freedom of the press.

They have deliberately declined to recall faulty products, endangering lives in pursuit of profit.

They determine economic policy despite the catastrophic failures their policies have produced and continue to produce.

They have donated large sums of money to politicians, who are responsible for regulating them.

They continue to block alternate forms of energy to keep us dependent on oil.

They continue to block generic forms of medicine that could save people’s lives, or provide relief in order to protect investments that have already turned a substantial profit.

They have purposely covered up oil spills, accidents, faulty bookkeeping, and inactive ingredients in pursuit of profit.

They purposefully kept people misinformed and fearful through their control of the media.

They have accepted private contracts to murder prisoners, even when presented with serious doubts about their guilt.

They have perpetuated colonialism at home and abroad.

They have participated in the torture and murder of innocent civilians overseas.

They continue to create weapons of mass destruction in order to receive government contracts.

To the people of the world,

We, the New York City general assembly occupying Wall Street in Liberty Square, urge you to assert your power.

Exercise your right to peaceably assemble, occupy public space, create a process to address the problems we face, and generate solutions accessible to everyone.

To all communities that take action and form groups in the spirit of direct democracy, we offer support, documentation, and all of the resources at our disposal.”

Join us and make your voices heard. I offer to continue to this discussion with you or any group you belong to.

by Terry Bankert of Occupy Flint

810-235-1970

terry@attorneybankert.com

or Facebook

GOOD MORNING (OCCUPIED) FLINT!

2011-12-06T07:14:00.001-05:00

GOOD MORNING (OCCUPIED) FLINT!,
originally uploaded by terrybankert.

Good Morning Occupied Flint! and greeting from Flint Divorce/Bankruptcy Attorney Terry Bankert , 810-235-1970.

Even in a General Assembly (GA) in the occupy movement one brave or strong, manipulative personality can get everything. How does a GA survive in conflict? Very well if the people are committed to the movement and not just power or vengeance. We will see. I am here for the movement not the personality power politics .

MY REPORT.
OCCUPY FLINT - CAMP, .
1. There was individual discussion of a protest at the Holiday walk.Will it happen tonight?
2.Camp has moved to winterizing by a tremendous effort of a few for the benefit of the many last week.
3.The camp and many in the movement have great expertise about urban farming. Some time ago sustainability plans were made. Now with winterizing and warmth at hand these plan are one of the priorities. The Occupy Flint camp site at 505 MLK Ave Flint Mi next to the Durant Hotel is now an Organic Urban Farm. “ Occupy Flint- Urban Farm. Orders are in place for distribution of its organic product. This income stream will be a key component to making the camp site economically viable and to comply with the Michigan Building Code.
4.GA did not start as of 7:33 last night. We have a standing Monday night commitment at 8 pm. What happened?
5.Will Occupy Flint continue the street protest under the Bank of America (BOA) sign Downtown Flint?
OCCUPY FLINT-CHARTER REVISION
6.A ballot Question committee was formed as required. The petitions are now fully vetted. Our goal is 8,000 signatures. This sub unit will file the campaign finance reports but the group is not collecting money. All resources consumed will be by in kind individual contribution.
OCCUPY FLINT-CHARTER REVISION-PETITION DRIVE
7.This sub group will not draw significantly on the resources of the camp and will not be a distraction to OCCUPY FLINT from its primary mission of Economic Protest and local action.
FLINT EMERGENCY MANAGER
8.Draconian measures are in play. The disposed of power structure in manuvering to remain the citizens power structure.

REQUEST TO MIKE BROWN

2011-12-01T04:50:00.001-05:00

Terry R. Bankert

MESSAGE TO FLINT.

Occupy Flint is an ongoing peaceful ,assembly using the tools of free speech and protest of National and local economic policies that help the few(1%) and harm the many (99%). We offer a voice for change in our nation, state and city.

Events bring into focus voters discontent.

One such event is the appointment of Emergency Manager Mike Brown by Michgians Governor. This is a state take over because our leaders could not keep our economiuc house in order.

We ask that during this period of suspension of the powers of our elected officals the community be given the ability to review its City Charter. How? By the election of a Flint Charter Commission. This way we the voters can decide what powers should be returned to elected officials when the manager leaves.

Mr, Brown you have the power to start this process. Direct the City Clerk to place on the next regular ballot a questions asking voters if the want a General Revison of the Flint Charter. Please! The election will cost the city nothing.

Nationally it has been Congressional policy that through bailout and stimulus benefited Wall Street, Big Business and Big Banks. This same policy process offered no meaningful help to our middle class and poor families loss of jobs, home, dignity, ability to live in peace in their own homes and sustain their families.

Locally we have seen in Flint a Municipal government organized by a dysfunctional outdated City Charter that has given preference to the 1% that back and profit from Downtown economic policies to the detriment of Flint having a meaningful neighborhood agenda. Downtown economic policies that cater to Uptown reinvestment and monopolistic policies ot the Genesee Regional Chamber of Commerce including a Downtown Foundation with its capitalist son have denied resource to the neighborhoods.

Long term we plan to change the actors and their agenda in Washington. Locally we plan to change the foundation of local decision by changing the Flint City Charter and thereby changing how economic decisions are made in Flint. What can a Charter do?. It can make Flint City Council positions unpaid and not a career. It can eliminate the Flint Mayors positions that has through several administration walked us into economic irresponsibility and two take overs of Flint by the State of Michigan. The Charter can change the number of city council member from the bloated top heavy 9 to an efficient streamlined 5. The Citizens protector the Flint Ombudsman can be given enhanced powers to seek legal remedy when the mayor or council violate the Flint City Charter. There are hundreds of other changes that you can make to your charter. Help us build a better life for you in Flint. Join us.

I am proud of the “ Occupy Flint “ movement in Flint. Join us.

The founding principals of the occupy movement can be found in the following statement.

This statement was issued from Zuccotti Park by the general assembly at Occupy Wall Street. on or about 10/07/2011

“As we gather together in solidarity to express a feeling of mass injustice we must not lose sight of what brought us together. We write so that all people who feel wronged by the corporate forces of the world can know that we are your allies. As one people, united, we acknowledge the reality that the future of the human race requires the cooperation of its members. That our system must protect our rights, and upon corruption of that system, it is up to the individuals to protect their own rights, and those of their neighbors. That a democratic government derives its just power from the people, but corporations do not seek consent to extract wealth from the people, and the Earth, and that no true democracy is attainable when the process is determined by economic power.

We come to you at a time when corporations — which place profit over people, self-interest over justice, and oppression over equality — run our governments. We have peaceably assembled here as is our right to let these facts be known.

They have taken our houses through an illegal foreclosure process, despite not having the original mortgage.

They have taken bailouts from taxpayers with impunity, and continue to give executives exorbitant bonuses.

They have perpetuated inequality and discrimination in workplaces based on age, the color of one’s skin, sex, gender identity, and sexual orientation.

They have poisoned the food supply through negligence, and undermined the farming system through monopolization.

They have profited off the torture, confinement, and cruel treatment of countless animals, and actively hide these practices.

They have continuously sought to strip employees of the right to negotiate for better pay and safer working conditions.

They have held students hostage with tens of thousands of dollars of debt on education, which is, itself, a human right.

They have consistently outsourced labor and used that outsourcing as leverage to cut worker’s health care and pay.

They have influenced the courts to achieve the same rights as people with none of the culpability or responsibility.

They have spent millions of dollars on legal teams, but look for ways to get them out of contracts in regards to health insurance.

They have sold our privacy as a commodity.

They have used the military and police force to prevent freedom of the press.

They have deliberately declined to recall faulty products, endangering lives in pursuit of profit.

They determine economic policy despite the catastrophic failures their policies have produced and continue to produce.

They have donated large sums of money to politicians, who are responsible for regulating them.

They continue to block alternate forms of energy to keep us dependent on oil.

They continue to block generic forms of medicine that could save people’s lives, or provide relief in order to protect investments that have already turned a substantial profit.

They have purposely covered up oil spills, accidents, faulty bookkeeping, and inactive ingredients in pursuit of profit.

They purposefully kept people misinformed and fearful through their control of the media.

They have accepted private contracts to murder prisoners, even when presented with serious doubts about their guilt.

They have perpetuated colonialism at home and abroad.

They have participated in the torture and murder of innocent civilians overseas.

They continue to create weapons of mass destruction in order to receive government contracts.

To the people of the world,

We, the New York City general assembly occupying Wall Street in Liberty Square, urge you to assert your power.

Exercise your right to peaceably assemble, occupy public space, create a process to address the problems we face, and generate solutions accessible to everyone.

To all communities that take action and form groups in the spirit of direct democracy, we offer support, documentation, and all of the resources at our disposal.”

Join us and make your voices heard. I offer to continue to this discussion with you or any group you belong to.

by Terry Bankert of Occupy Flint

810-235-1970

terry@attorneybankert.com

or Facebook

THE OCCUPY MOVEMENT IS AN ECONOMIC PROTEST TARGETING WALL STREET, BIG BUSINESS AND BIG BANKS. Do not get distracted.

2011-11-25T19:57:00.001-05:00

Challenging Mortgage Foreclosure, first why!

WHY IS THE OCCUPY MOVEMENT PROTESTING IN FRONT OF BANKS? WHY SHOULD THE PROTEST BE EXPANDED? YOU DECIDE.

Have you, a family member, or a friend lost a home to a Bank Mortgage Foreclosure? Have you , a family member or a friend been encouraged by a Bank Mortgage officer to take out a home loan with your income inflated , your down payment reduced, and the value of the home you were buying inflated by a false market that collapsed? Have you , a family member , or a friend been given given the run around when trying to use federal incentives aimed at allowing your house to be kept? Have you , a family member or a friend lost value in your home to where it is now worth less that what you paid for it? Have you, a family member or a friend ever been enraged because of the stimlus money or bailout received by Wall Street, Big Business and Big Banks? How angry would you be if you knew these same banks were lying on their paper work, committing a fraud on the court just to be able to foreclose and take your house. Now do you understand this small part of why we are protesting in the Occupy Movement? Join us in this economic protest.

This is presented by Terry Bankert of "Occupy Flint". The Occupy Movement is a political push back against the the political right that has dominated our public policy, our media, and National Politics. To what end? They are responsible for a do nothing congress overseing a republican , Wall Street, Big Business and Big Bank collapsing false economy that has enriched them and impoverised our people. We stood by as they , Wall Street, Big Business and Big Banks were bailed out and we are foreclosed and bankrupted. This push back from the left is similar to the tea party push back from the Republican conservatives. There is one critical difference. WE OUT NUMBER THEM, STAY FOCUSED AND DEMAND ECONOMIC CHANGE.

DID YOU KNOW “GMAC, JP Morgan Chase (JPM), Bank of America (BAC), and One West employees routinely sign hundreds of documents without verifying what they are signing. Those documents are then submitted to the courts as if they were true to enable Banks to foreclose on delinquent properties.”[11] When is a lie a little lie? Can we presume a bank that will tell a little lie will also tell a big one?

The mortgage industry velocity in moving property interest without proper documentation has created a cesspool of illegal home foreclosures and countless pain to us. As punishment we want the Mortgage Banking Industry to pay for these crimes against the middle class. We demand Congressional and State legislative change and Federal and State criminal prosecutions.I suggest a modification of the Chapter Seven Bankruptcy Code to allow a cram down of all mortgages owed to the present value.

THE MICHIGAN ATTORNEY GENERAL THINKS THIS IS AN IMPORTANT ISSUE.

“In Michigan, the attorney general took the rare step in June of filing criminal subpoenas to out-of-state mortgage processing companies after 23 county registers of deeds filed a criminal complaint with his office over robo-signed documents they say they have received.”[8]11/16/2011

DID YOU KNOW “The Attorney General’s Office has made prosecuting mortgage fraud a priority for his office. A mortgage fraud unit was created and teamed up with the Michigan State Police and other law enforcement agencies to tackle the problem. Since January 2009,the Attorney General’s Office has arrested twenty individuals charged with mortgage fraud related crimes totaling at least $1.75 million in losses. They have been charged with some of the toughest crimes a prosecutor can charge for white collar crime -
racketeering, uttering and publishing and false pretenses.”[9]

DID YOU KNOW “These mortgage fraud schemes involve the use of inflated appraisals and straw buyers to gain mortgages far greater than the value of the property. The criminals take the extra money from the mortgage and leave the straw buyer hanging with a mortgage they cannot afford and property worth far less than the mortgage amount.”[9]

The Occupy movement is about economic justice and accountability through political pressure, accountability through prosecution and legislative change’ Join us in our protest.

Terry Bankert of “Occupy Flint” 11/25/2011

NOTES, NOTES, NOTES,NOTES,NOTES,NOTES

DID YOU KNOW THAT IN OTHER STATES THERE ARE PROSECUTIONS.11/16/2011 “Two title officers have been indicted on more than 600 charges alleging they directed a "robo-signing" scheme that led to the filing of tens of thousands of fraudulent foreclosure documents, the Nevada attorney general's office said Wednesday. [8]

Look at this case ,“GMAC is not listed anywhere on the property profile, yet GMAC shows up on my credit report when they were not involved in the transaction. GMAC failed to explain why we were denied a loan modification, even thought they already knows what type of loan this was, it qualified for a 30% principle reduction.There still is no mention of the illegal foreclosure, GMAC did not assign the mortgage and used an illegal company to foreclose! They continue to rip off homeowners during these economic times and they can’t get away with this! [1]

The Mortgage Industry uses “ Blackwater” like mercenaries to seize property.

Look at this example.

“I came home to find two trucks being loaded with my personal belongings. A “lock-out” company, hired by the bank, informed me that the house was foreclosed upon, and they now were the owners of my personal property.I called the Hillsborough County Sheriff’s Office, and the company was ordered to leave. Once a home becomes foreclosed on, it doesn’t mean that the bank can take your belongings and change the locks. They are required to file a writ of possession that is carried out by sheriff’s deputies.In my case, no writ of possession had been filed. But the lock-out company already had removed several valuables that were never recovered. I felt violated, as if I woke up and found myself in a communist country.

[2]

“A Clark County District Court judge issued warrants for California residents Gary Randall Trafford, 49, and Geraldine Ann Sheppard, 62, after a grand jury handed up the 439-page indictment. Their hometowns were unavailable, and they could not be immediately located for comment.”[8]

“The indictment says that between 2005 and 2008, Trafford and Sheppard directed employees to forge their names on foreclosure documents, then notarize the signatures they just forged. The defendants then had the employees file the fraudulent notices of default with the county recorder's office to begin foreclosures on homes. “11/16/2011 [8]

DID YOU KNOW “The Mortgage foreclosure industry is ripe for reform. Here is one example.”On February 11, the Florida Supreme Court amended the rules of foreclosure proceedings in a radical way: they want someone to swear that the allegations in the complaint are actually true. (Buncha bomb-throwers, aren’t they?) [3]

“The amended rule says:

When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement:

“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”[3]

IS THE PROBLEMS THE ATTORNEYS?

“For the plaintiffs’ law firms, the foreclosure mills filing all these lawsuits, the new rule is a disaster – because they can’t possibly confirm the truth of what they file with the courts. How do we know this?”[3]

IN THE FORECLOSURE BUSINESS IS ANYONE TELLING THE TRUTH?

One of them actually told the Florida Supreme Court so. Shapiro & Fishman, one of Florida’s largest foreclosure mills, has asked the Court to back down from the verification requirement, with the astonishing reason that it’s impossible to get anyone to swear to the truth of a foreclosure complaint.[3]

“Nevada has been the state hit hardest by the recession and the housing crisis, leading the nation in bankruptcies, foreclosures and unemployment. Yet, the problem of shoddy mortgage paperwork, which comprises several shortcuts known collectively as "robo-signing," is more widespread.”[8]

“Judges who handle foreclosures in Maine, California, Arizona, New York and other states have thrown out foreclosure cases because documents apparently were robo-signers. The nation's largest banks, including Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., and other lenders temporarily halted foreclosures nationwide last fall because of the issue. “[8]

THE SYSTEM MOVES MASSIVES AMOUNTS OF PAPER WORK. The Plaintiffs’ lawyers don’t know the truth because the industry is bending or breaking the rules by people not fully informed.

“In their “Motion for Rehearing,” [PDF] Shapiro explained that their lawyers cannot ethically swear to the truth of the papers they file with the court, because they rely on information from others:

It is also unclear whether an attorney or law firm representing a lender can verify a mortgage foreclosure complaint based upon information he/she/it obtained from the client or other parties, including the holder of the note and the servicer.[3]

Plaintiffs are the end of a series of owners of the mortgage paperwork they don’t know the truth

“Well, ok…. If the lawyers can’t do it, how about their clients, the plaintiffs who claim to own the loan? Nope, says Shapiro:

[W]hile the holder of the note may have some limited knowledge in order to verify portions of the complaint, it may not have the necessary knowledge to verify the remainder of the complaint. For example… it may not have personal knowledge of when the last payment on the note was made or if a default notice was mailed to the client.”[3]

No one knows the truth!

“So… the supposed owner of the note ordinarily has no idea when or if they’ve been getting paid? That may sound crazy, but many lender hire “servicing agents” – in essence, bag men – to collect their money for them from borrowers”. [3]

JUST WHO ARE THE SERVICING AGENTS?

“So, why couldn’t the servicing agents swear to the truth of the complaint? Shapiro says, it’s because they don’t know enough, either…. and what they don’t know will surprise you: Who are these bag men work for.”[3]

“The loan servicer would, presumably, have that knowledge [about payment status of the loan]… but likely would not have personal or direct knowledge of other factual allegations.”[3]

“What “other factual allegations”? Simple things, like who owns the note – the very people these bag men are supposedly collecting for. (If they don’t even know, then who does?)”[3]

“There’s one giant, gaping hole in Shapiro’s argument to the Supreme Court. In every foreclosure action, these law firms submit to the court evidence in the form of affidavits – sworn written statements – which are supposed to swear to the truth of all the elements of the plaintiffs’ claim. These affidavits are the basis for judgment in more than 99% of all foreclosure cases where the house is sold”.[3]

“And Shapiro has just admitted that they are false. Because the one person signing them cannot possibly have “personal knowledge” of all the facts of the case – at least, that’s what Shapiro has said. “[3]

ASSEMBLY LINE OF JUSTICE

“Workers who processed tens of thousands of mortgage foreclosure papers portrayed their jobs as assembly-line work that required them to sign off on documents without reviewing them.

The depositions — which are sworn statements given in lawsuits against servicers — were released this week by a Florida lawyer defending 3,000 homeowners in foreclosure cases. They are the latest evidence in a controversy over foreclosure practices that has led state officials and federal regulators to investigate whether foreclosure papers filed with courts were false or fraudulent.[4]

“A Wells Fargo employee in South Carolina said in a March deposition that she typically signed 300 to 500 foreclosure documents in a single day and that her only other responsibility was to make sure her name and title were written correctly.

Shown a foreclosure affidavit that she had signed in 2009, she said she did not know if the information was accurate.[4]

FORECLOSURES: Banks seize a record 288,345 homes in third quarter

QUESTIONS: All 50 states launch joint investigation into foreclosures

THE PROCESSORS DO NOT KNOW WHAT THEY ARE DEALING WITH.

“In a separate deposition, a foreclosure supervisor for Litton Loan Servicing in Houston could not define the terms "promissory note," "mortgagee," "lien" or "circuit court," even though those terms were on foreclosure papers she had signed. Litton is a mortgage-servicing company, which collects mortgage payments and forwards them to the mortgage holders.

Litton Loan declined to comment.[4]

“A third witness was a Bosnian refugee who came to the U.S. in 1999 and spent nine years working as a housekeeper, teacher's aide, Walmart clerk and in the shipping and receiving office of Washington Mutual in Jacksonville. She was made a "document execution specialist" in 2008 for WaMu, which is now part of JPMorgan Chase. The woman, who speaks halting English, testified that she signs 30 to 40 affidavits a day”.[4]

“JPMorgan is expanding its document review to 115,000 loans because of possible concerns about the affidavits' signatures and notarization, spokesman Tom Kelly says. He says JPMorgan

began making changes to its processes earlier this year

“.[4]

“The depositions were released by Deerfield Beach, Fla., attorney Peter Ticktin, who says he has taken 150 depositions from bank employees who make similar admissions about foreclosure documents they signed off on.”[4]

"This is what all the problems are about," Ticktin says. "These document signers are at the heart of the problem."[4]

ROBO SIGNERS

“They're now popularly known as "robo-signers," because recently released depositions from other lawsuits revealed some mortgage-servicer employees admitting to signing off on thousands of foreclosure documents a month without giving them proper review.”[4]

DOES MICHIGAN REQUIRE JUDICIAL APPROVAL?

“In 23 states that require judicial approval to foreclose, servicers must prepare affidavits and documents for courts to review. They are supposed to be verified and signed in the presence of a notary.”[4]

“Investigators are trying to determine if faulty and fraudulent documents were filed to foreclose on homeowners in violation of state laws. “[4]

BACK DATED DOCUMENTS

“Another common trade practice is to create pre-dated, backdated, and fraudulent assignments of mortgages and endorsements before or after the fact to support the allegations being made by the foreclosing party.”[5]

WHO ARE THE FORECLOSING PARTIES

“ Foreclosing parties are most often the servicer or MERS acting on the servicer’s behalf, not the owners of the actual promissory note. Often, they assist in concealing known frauds and abuses by originators, prior servicers, and mortgage brokers from both the borrowers and investors by the utilization of concealing the true chain of ownership of a borrower’s loan.”

[5]

MICHIGAN PROSECUTIONS RE: MORTGAGE FRAUD

The following

twenty people have been charged and this is only the beginning:[9]

NAME CHARGE COURT

1. People v. Patricia Michno Uttering & Publishing 6th Circuit Court – Oakland

2. People v. Dequincy Hyatt Racketeering/False Pretenses 16th Circuit Court – Macomb

3. People v. Seaesther

Thompson-Hayes Racketeering/False Pretenses 16th Circuit Court – Macomb

4. People v. Aaron Brooks Racketeering/False Pretenses 16th Circuit Court – Macomb

5. People v. Pietro Biundo False Pretenses 41B District Court – Clinton

Township

6. People v. Evelyn Santana ID Theft/False Pretenses 3rd Circuit Court – Wayne

7. People v. Dagoberto Reyes ID Theft/False Pretenses 3rd Circuit Court – Wayne

8. People v. Bilal Hashem Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

9. People v. Ali Haidous Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

10. People v. Sami Makky Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

11. People v. Mahmed Beydoun Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

12. People v. Eddie Zaben Racketeering/False Pretenses 3rd Circuit Court – Wayne

13. People v. Hayder Azawi Racketeering/False Pretenses 3rd Circuit Court – Wayne

14. People v. Jeffrey Barry False Pretenses 29th Circuit Court – St. Johns

15. People v. Damon Clark Racketeering/False Pretenses 8th Circuit Court - Stanton

16. People v. Reginald Tardy Racketeering/False Pretenses 8th Circuit Court - Stanton

17. People v. Maria Hernandez False Pretenses/Identity Theft 17th Circuit Court – Grand

Rapids

18. People v. Richard Gosselin Racketeering/False Pretenses 3rd Circuit Court – Wayne

19. People v. Rita Gosselin Racketeering/False Pretenses 3rd Circuit Court – Wayne

20. People v. John Klein Uttering & Publishing/False

Pretenses 6th Circuit Court – Oakland [9]

[1]

http://hissingkitty.com/complaints/gmac-illegal-mortgage-foreclosure/

[2]

http://floridaforeclosurefraud.com/2009/06/beware-illegal-evictions-in-florida-foreclosures
/

[3]

http://floridaforeclosurefraud.com/2010/03/foreclosure-lawsuits-are-built-on-lies-shapiro-fishman-admits-foreclosure-claims-cannot-be-verified/

[4]

http://www.usatoday.com/money/economy/housing/2010-10-15-foreclosures15_ST_N.htm

[5]

http://loanaudit.wordpress.com/2009/10/27/mortgage-assignment-affidavit-fraud/

[6]

http://en.wikipedia.org/wiki/Foreclosure

[7]

http://www.housingpredictor.com/illegal-foreclosure-investigation.htm
l

[8]

http://finance.yahoo.com/news/2-indicted-vegas-foreclosure-robo-235911376.html

[9]

http://www.michigan.gov/documents/ag/Cox_Fights_Mortgage_Fraud_284937_7.pdf

[10]

https://secure.ag.state.mi.us/complaints/foreclosure.aspx

[11]

http://www.dailyfinance.com/2010/10/02/robo-signing-scandal-spreads-documents-show-citi-and-wells-also/

WHAT IS THE OCCUPY?

2011-11-22T06:14:00.001-05:00

JUST WHAT IS THE “OCCUPY” MOVEMENT?

My view is that it is representative of the anger ,of all but a few, over the economic loss in the country. The protestors may be young, poor and have the time to protest. The movement is the displaced middle class and represents a huge dominant voting block.

IT IS NOT THE CAMP

You cannot gauge the numbers of the Occupy movement by the number of campers. You cannot identify the basic core values of the movement by the talking heads that appear before you at camp or on the front line protest.

THE CAMP IS SMALL THE MOVEMENT IS LARGE

Those that do not understand, not care or oppose the Occupy Movement will try to measure the movement by small camps or the prattle of some of the children protesting. When in fact hundreds of thousands self identiy with the movement and at any event with a little effort young and old adults with emense widom and insight can be found.

CAMPERS HAVE BEEN ACTIVE

The Occupiers have been active in the community providing for the homeless, food drives and general concern for others in the community.

ORIGINAL ACTIVISTS BECAME CAMP SUPPORTERS

Flint has seen the exit from the camps and the front line protests those that began this effort on line. They are still there but it is not as cold in their spot. They busy them selves with internet squabbles and on occasion focus on awareness-raising and specific actions. The campers have the same squabbles but its nose to nose.

THIS MOVEMENT IS JUST A COUPLE OF MONTHS OLD AND THERE HAS BEEN A FLURRY OF FORMAL AND INFORMAL ORGANIZATION.

This is the beginning of a movement it is messy. You have young and old people in a confined space and different agendas. On occasion the dialogue is intense.

My view.
1.OCCUPY IS AN EVOLVING PROCESS. IT IS A LEADERLESS ORGANIZATION

2.THERE ARE DISAGREEMENTS BUT NO FRACTIONALIZING?

3. THERE ARE NO MEASURING STICKS

4.THERE APEARS TO BE A SPLIT BETWEEN THE CAMPERS AND THE REGULAR PEOPLE IN THE OCCUPY MOVEMENT. Just like any family there are differences. Oppose them and they join together.

5. IT IS DIFFICULT TO STAY ON MISSION.Each person comse with different community needs they would like top solve. The Occupy Movement could become spread too thin.

As long as the Movement organizes a sustained focused protest it will remain viable.We should keep our personal community/political agenda from consuming the scarce resources that comprise the Occupy Movement.

By Terry Bankert

NOTES.....

.NOTES......

NOTES

IT IS NOT THE CAMP

If you were to try to gauge the scale of the Ann Arbor Occupy movement by the small camp at Liberty Plaza or even by attending a few of the the first local group’s general assemblies, you would probably come away with an immensely inaccurate picture.[A]

THE CAMP IS SMALL THE MOVEMENT IS LARGE

First of all, although people seem to find it easy to belittle the small physical camp and hold it up as a symbol of the extent of the local activity, those would be the first two misperceptions. [A]

CAMPERS HAVE BEEN ACTIVE

Though very small in number, the few dedicated campers that have maintained a presence don’t just sit in their tents, they have been extremely active in assisting with the impending homeless crisis in Ann Arbor, staging a small but successful benefit just last week at Hathaway’s Hideaway.[A]

ORIGIONAL ACTIVISTS BECAME CAMP SUPPORTERS

And secondly, the vast majority of local Occupy activists decided early on that although a local presence is important, a better use of resources would be to support other camps, and instead focus on awareness-raising and specific actions.[A]

THIS MOVEMENT IS JUST A COUPLE OF MONTHS OLD AND THERE HAS BEEN A FLURRY OF FORMAL AND INFORMAL ORGANIZATION.

In the flurry of assemblies, committee meetings, and on-line dialogue that has taken place, one thing has become clear, and that is that with a movement like this, it takes a while for things to become clear![A]

IT IS HARD TO PICTURE THE NUMBER OF PEOP[LE INVOLVED.

A truly accurate estimate of the number of people that have continued to take part in local activities is difficult to arrive at, simply because there are so many things going on. In any case, having attended a wide variety of assemblies and events, we would say a safe number would be perhaps 200-300 people.[A]

OCCUPY IS AN EVOLVING PROCESS. IT IS A LEADERLESS ORGANIZATION

But those are just the more regular faces. The fact is that the organizing of groups like this is a continually evolving process, and in the case of Ann Arbor, a process that may have moved more slowly as individuals make the decision to either commit to the original NYCGA process, or adapt the method to better suit specific needs, or in some cases, eschew this method altogether.[A]

THERE ARE DISAGREEMENTS BUT NO FRACTIONALIZING?

The amazing thing is that so far – in spite of some disagreements about specific organizational methods – there has been no serious “factionalizing”. [A]

MEASURING STICKS

You will see a surprisingly broad spectrum of people at each group’s meeting, and the same faces taking part in different groups. And you will repeatedly hear the terms “solidarity” and “autonomy” used side by side, as the groups make it clear that the essence of the movement is taking constructive action as one sees fit, and seeking consensus and support whenever it seems appropriate.[A]

THERE APEARS TO BE A SPLIT BETWEEN THE CAMPERS AND THE REGULAR P[EOPL IN THE OCCUPY MOVEMENT

Because of the rapid evolution of local organizing, we’ll soon be taking this site – OccupyAnnArbor.org – in a radically different direction, seeking to bridge the gap between full-time activists and “regular people” who want to get involved. [A]

CONTACT

If you have ideas and interest but haven’t found a fit, learn more HERE or contact us. In the meantime, below is a quick roundup of the local groups that have been shaping up. Let us know if we missed anyone!

DO NOT MEASURE THE MOVEMENT BY THE NUMBER OF CAMPERS

Is it time for occupiers to employ some new strategies? We think so, that’s why we’ve assembled a list of about 400 Occupy groups nationwide, and are hoping to start an action group to enable people who don’t have time for lengthy OWS-style assemblies to get on board. [A]

It seems logical that better networking and the inclusion of people who can’t or don’t want to “occupy” are some next logical steps. [A]

A few years ago, progressives failed to cash in on a goldmine of strategic information when Frank Luntz’s GOP Playbook was released into the wild. The document was chock full of language and strategy behind the neo-con agenda, and progressives missed an incredible opportunity by spending more time being aghast at its existence than putting the information to work. [A]

Well, the Occupy Movement is being handed similar treasures, with both of America’s political parties AND major corporations and think tanks regularly revealing their hand. Yesterday, MSNBC made public the sales pitch of a major lobby firm to the American Bankers Association, a pitch which outlined their offer to undermine the Occupy Movement to help defeat Democrats in 2012. [A]

Two of the memo’s authors previously worked for House Speaker John Boehner, R-Ohio, and assembled the document for lobby firm Clark Lytle Geduldig & Cranford. While the ABA declined the $850,000 plan(PDF), it contained a surprising level of detail about how banks might go about undermining Occupy activities. [A]

Also this weekend, the San Francisco Bay Guardian had a piece about howPERF (Police Executive Research Forum) had coordinated calls with mayors across the US, and without too much work, you can find the document Managing Major Events: Best Practices from the Field (PDF) right on PERF’s website.[A]

On the other hand, the Occupy movement has the incredible advantage of being intentionally non-partisan, decentralized, and unified by principles rather than soundbites. And although it’s easy to spot even extreme left individuals at actual events, some of the movements’ most numerous, intelligent, and resourceful supporters – who are all over the political/ideological spectrum – are still waiting to take part.[A]

[A]

http://occupyannarbor.org/

[B]

http://www.facebook.com/occupyannarbor

LISTS

Official websites for the movement:

https://occupywallst.org/

http://occupytogether.org/

http://occupytogether.org/events/midwest/occupy-lansing/

Existing Facebook Groups/Events:

-Occupy Wall Street

https://www.facebook.com/OccupyWallSt

https://www.facebook.com/event.php?eid=144937025580428

-Occupy Together:

https://www.facebook.com/OccupyTogethe

r

-Occupy Lansing/Michigan:

https://www.facebook.com/event.php?eid=196360057103242

https://www.facebook.com/OccupyMichigan

-Nationwide Carpool (Michigan specific link):

https://www.facebook.com/OccupyMichigan

*A quick and simple explanation of our current economic crisis:

http://youtu.be/JTzMqm2TwgE

*Live streaming and videos of the event:

http://nycga.cc/resources/global-revolution-tv/

[C]

http://www.facebook.com/pages/Occupy-Detroit/21854306154075
1

[D]

http://www.facebook.com/pages/Occupy-Lansing/283950514956506?sk=wall

[E]

http://www.facebook.com/pages/Occupy-Southeast-Michigan/140333112731122?sk=wall

[F]

Occupy4All is a merry band of roving peaceniks based in Ann Arbor. We stand in solidarity with occupations across Michigan, working in various capacities to foster autonomous, consensus-based relations built on interdependence and mutual assistance. We are a needs-based action group whose aim is to sustain and expand the vision of the Occupy movement in Michigan, as well as across the country.

Wordpress: OccupyForAll.wordpress.com

Facebook: www.facebook.com/OccupyForAll

Twitter: twitter.com/occupy4all

Tumblr: occupy4all.tumblr.com

E-mail: occupyforall@gmail.com

[G]

http://www.facebook.com/OccupyMichigan?sk=wall

[H]

http://www.facebook.com/pages/Occupy-Jackson-MI/293370404026038?sk=wall

[I]

http://www.facebook.com/OccupyTheUP?sk=wall

[J]

http://www.facebook.com/studentsoccupyannarbor?sk=wall

end

OCCUPATION OF THE FRONT LAWN OF FLINT CITY HALL

2011-11-08T02:44:00.000-05:00

TERRY BANKERT OF “ OCCUPY FLINT”. 11/08/2011- FRONT LAWN FLINT CITY HALL

OCCUPY FLINT PROTEST 11/08/11

BMO GREEN of OCCUPY FLINT released a statement for Occupy FLINT at 11p.m. 11/08/2011"It was the consensus decision of the General Assembly on 11/06/2011 to Occupy the front lawn of Flint City Hall during the election of 11/08/2011 and throughout the night.

‎"We are here at city hall on this election day to stand up for the right of Americans to freely assemble and voice their grievances. "

"We do not endorse either candidate, rather we protest the system that allows money to determine the size of one's voice. "

"Over 3,000 Americans have been arrested, brutalized, and falsely imprisoned, for simply exercising their constitutionally protected right to assemble, since the occupation began over 50 days ago; we stand with them in solidarity."

BMO GREEN OF "OCCUPY FLINT" 11/07/2011

IS CIVIL DISOBEDIENCE INEVITABLE IN THE FLINT OCCUPY MOVEMENT?

2011-11-07T06:07:00.001-05:00

Terry Bankert of “OCCUPY FLINT”11/7/11

Civil disobedience inevitable in the Occupy Movement?

In my opinion The Occupy Movement is a political protest against economic policies that have decimated the middle class in America and specifically their college educated children who have now no jobs to go to. An organizational principal is civil disobedience. These non violents acts of non compliance are well grounded in American history. This movement is not anti police but there is an inevitable confontation because of the positive role of the police to enforce our laws, to serve and protect. Acts of civil disobediance as a political protest will seed the field of change. What is Civil Disobedience.

“Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always,[1][2] defined as being nonviolent resistance. It is one form of civil resistance. In one view (in India, known asahimsa or satyagraha) it could be said that it is compassion in the form of respectful disagreement.”

http://en.wikipedia.org/wiki/Civil_disobedience

OCCUPY MOVEMENT CAN WIN WITH NON VIOLENCE- “Occupy Flint” with a base camp within a mile of Labors defining sit down strike is in a sympathetic community. Acts non violent with passive resistance , disobedience ,to orders is an American tradition.

“Any effort by a tiny minority to break the unity of action of our movement must be repelled. Anything short of strict nonviolence will play into the hands of the right-wingers in the police department, and into the hands of Wall Street.

There is nothing Wall Street and right-wingers at all levels of government would love more than to have today's public anger against them turn into its very opposite.”

Acts of civil disobedience draw attention to the cause and attract new members and resources. If the acts go badly the opposite will happen.

“When engaging in civil disobedience, let's employ non-violent tactics that will galvanize broad unity with the people of …[the]...nation.

Tactics that will win over even misguided working people and students influenced by Fox television and other media outlets at the service of Wall Street and the far right.”

http://peoplesworld.org/occupy-movement-can-win-with-nonviolence/

A BREIF SUMMARY OF WHAT HAPPENED IN THE OCCUPY MOVEMENT YESTERDAY

Atlanta (CNN) -- Occupy protesters returned to the streets of Atlanta on Sunday night, a day after a police crackdown on a gathering organized by the movement resulted in the arrests of 19 people....Those arrested Saturday included two people who refused to leave Woodruff Park after the 11 p.m. closing time and 17 others charged with obstructing traffic after the crowd poured onto nearby streets, the Atlanta Police Department said

…..The group may change gears and use other ways to convere no people protesting, if banks start failing again because of Greece, they will come back to the government for a bailout. The government needs to know people are watching.".....New York has made 555 arrests in the Occupy Wall Street movement on charges ranging from minor vioy its message, including "occupying" banking facilities and homes facing foreclosure, according to Chidi.

….."The financial services industry is not being properly regulated or overseen," said the 38-year-old consultant. "We are cruising toward another 2008 meltdown."

And the protests will send a strong message, he said.

"We have not learned a lesson from the last catastrophe. If there alations to felonies, the district attorney's office said. New York City Police said last week they charged a 26-year-old Brooklyn man with sexual abuse for inappropriately touching an 18-year-old woman at Zuccotti Park, the home base for the protests. In Oakland, California, demonstrators and police clashed last week, prompting authorities to use tear gas on protesters who defied orders to disperse.

http://www.cnn.com/2011/11/06/us/georgia-occupy-arrests/?hpt=us_c2

ATLANTA -Atlanta police said one protester draped in an American flag inside Woodruff Park was arrested after refusing to leave by a Sunday night curfew, and four other people on bicycles were arrested near the park - three for traffic violations and one for obstruction of a law enforcement officer.

http://www.nydailynews.com/news/national/lone-atlanta-occupy-wall-street-protester-arrested-refusing-leave-park-article-1.973253

HPD arresting Occupy Honolulu Protestors from sidewalk. Beretania Street

http://www.youtube.com/watch?v=wSM86ZkQI8Q

Nov 6, 2011 by Euronews

http://www.euronews.net/ At least 20 people have been arrested after scuffles broke out during an Occupy Wall Street protest in New York.

http://www.youtube.com/watch?v=SZvvcpmxNSM

DISTRICT OF COLUMBIA

Police and Occupy DC protesters are offering conflicting accounts about a weekend incident in which a motorist struck three protesters near a downtown demonstration.

....

HAWAII

Police arrested roughly a half dozen protesters after organizers of the Occupy Honolulu movement attempted to establish an encampment at a local park.

Some 20 police officers arrived late Saturday at the city’s Thomas Square. Members of Occupy Honolulu had said earlier Saturday that they planned to begin camping at the park starting at its 10 p.m. closing time. About 40 protesters were gathered at the site when authorities began telling them to leave.

…..Honolulu organizers said they also stood “in solidarity” with the homeless who are being forced from the streets and parks as the city prepares this week to host the Asia-Pacific Economic Cooperation.

OREGON

Portland Police Bureau chief Mike Reese has told members of Occupy Portland that concerns about their security in camp and on marches are warranted, but says protesters must work more closely with police......

OHIO

The Occupy Wall Street movement has spurred demonstrators in Cincinnati to form their own political party.

Spokesman Tyrone Givens tells The Associated Press that he and other Cincinnati-based protesters traveled to New York’s Occupy site to pitch the idea. He says the party is vetting six potential candidates for local office from Ohio, New York and Kentucky.

Givens says the ultimate goal is to elect members of the “Occupation Party” to Congress.

CALIFORNIA

Several hundred protesters marched through the financial district in Los Angeles to protest the banking industry as part of “Bank Transfer Day,” a grassroots movement that has been championed by the Occupy Wall Street protests.

…..The march ended with a teach-in by former labor secretary Robert Reich.

Meanwhile, a downtown Oakland branch of Wells Fargo bank closed its doors for the day Saturday as immigrant rights protesters crowded the entrance to condemn the bank’s ties to private companies that run immigrant detention centers.

More than 100 protesters marched a block from the Occupy Oakland encampment to the bank branch Saturday morning. A few protesters briefly tussled with bank security guards who stood in front of the locked entrance. Police were on the scene but made no arrests.

.

INDIANA

Dozens of anti-Wall Street protesters marched Saturday through downtown Indianapolis, chanting slogans and holding signs berating the nation’s big banks after a rally where they urged people to transfer their money to local banks and credit unions.

About 80 protesters marched from the Indiana Statehouse to Monument Circle, where they stopped outside two banks and loudly chanted “This is democracy in action!” before continuing.

IDAHO

Fifteen campers set up tents Saturday at the Old Ada County Courthouse lawn in downtown Boise with some planning to stay for as long as they can.

The Idaho Statesman reports that the protesters met with state officials earlier in the week and agreed to ground rules limiting the number of campers to 15 until more services are put in place.

___

.

BRITAIN

About 200 protesters marched to Parliament on Guy Fawkes Day, the annual commemoration of the English revolutionary who tried to blow up the building in the 17th century.

Many of Saturday’s protesters in London were wearing a grinning, somewhat sinister mask of Guy Fawkes that has become an icon of the Occupy Movement around the world. The rally was largely peaceful, but the group was kept from getting close to Parliament by a heavy police presence.

…..Many of the demonstrators had marched from St. Paul’s Cathedral in London, where the Occupy movement has set up camp for weeks to protest social inequality and the excesses of the banking industry. Two protesters were arrested for suspected criminal damage and unlawful protest, police said.

http://www.washingtonpost.com/national/latest-developments-in-the-occupy-protests-occurring-in-places-around-the-world/2011/11/06/gIQA73ujrM_story.html

BANKRUPTCY FLINT MICHIGAN

2011-10-16T09:39:00.003-05:00

I. History of Bankruptcy Law

Need a Flint Bankruptcy Contact Terry Bankert 1000 Beach ST., Flint MI 48503 810-235-1970

§1.1 Laws that provide for the distribution of a debtor’s property among creditors have been a part of civil jurisprudence since ancient times. Under the Code of Hammurabi, an insolvent debtor was often sold into slavery. In Celtic Ireland, a creditor would often “fast on” a debtor by placing himself or herself before the debtor’s doorway until the debt was paid. See generally Louis Edward Levinthal, The Early History of Bankruptcy Law, 66 U Pa L Rev 223 (1918).

In English and American legal history, bankruptcy laws have moved from facilitating the seizure and prompt distribution of debtors’ property to rehabilitating the insolvent debtor. Although the U.S. Constitution empowered Congress to enact “uniform Laws on the subject of Bankruptcies,” US Const art I, §8, cl 4, Congress did not pass such a law until 1800. Before the federal C

On November 6, 1978, President Jimmy Carter signed into law the Bankruptcy Reform Act of 1978I. History of Bankruptcy Law

http://attorneybankert.com/

This complete revision of the federal bankruptcy laws, which became effective on October 1, 1979, was the apogee of decades of reform efforts. Congress amended the Code in 1984 primarily to resolve the constitutional infirmities engendered by the broad grant of jurisdiction to the bankruptcy courts in the 1978 Code. 1986 amendments to the Code established the U.S. Trustee System nationally and created a new chapter providing special bankruptcy relief for family farmers. In 1990, Congress amended the Code to address, among other things, certain issues relating to discharge and the dischargeability of debts. In 1993, Congress made limited changes to the provisions of Chapter 12 of the Code and in 1994, enacted amendments to change certain provisions in all chapters and established a Bankruptcy Review Commission. Chapter 12 of the Bankruptcy Code was extended by Congress retroactively from January 1, 2004, to July 1, 2005. Pub L No 108-369, 118 Stat 1749 (2004). In October 2005, Congress made sweeping changes to the Bankruptcy Code through the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The most recent legislation affecting the Code is the Bankruptcy Technical Corrections Act of 2010 ( Pub L No 111-327, 124 Stat 3557 (2010).

http://terrybankert.blogspot.com/

The 2005 amendments changed over 100 years of bankruptcy law. Some of the important changes made by BAPCPA include the following:

requiring consumer debtors to undergo financial counseling before filing for bankruptcy, 11 USC 109(h), 521(b), and before discharge, 11 USC 727(a)(11), 1328(g)(1)

means testing for consumer debtors seeking to discharge debts under Chapter 7, 11 USC 707(b)

bars against repetitive filing through limitation of the automatic stay, 11 USC 362(c)(3)

elimination of the debtor’s ability to retain secured collateral without redemption or reaffirmation, 11 USC 521(a)(6)

http://dumpmycreditors.wordpress.com/

In addition, BAPCPA made substantial changes in the provisions relating to business cases that had been recommended by the Bankruptcy Review Commission. BAPCPA’s prefiling requirement of credit counseling and debtor education and the enactment of the means test will be discussed in depth in the chapters addressing representation of the consumer debtor (see chapters 2 and 3). The 2005 amendments affecting business cases, such as expanded reclamation rights, award of administrative expenses for goods shipped just before filing, designation, and processes for small business cases and changes affecting exclusivity, will be addressed in the chapters discussing business bankruptcy issues (see chapters 6 and 7).

As a result of the changes effected by both electronic case filing and the 2005 amendments, the U.S. District Court for the Western District of Michigan adopted new local rules effective February 1, 2007, and the U.S. District Court for the Eastern District of Michigan adopted modified local rules on May 5, 2008.

Effective December 1, 2009, a number of amendments to the Code (under Pub L No 111-16, 123 Stat 1607 (2009)) and Bankruptcy Rules revised procedural deadlines to harmonize them with other federal rules governing time computation. The Eastern District has adopted amendments to conform with the Bankruptcy Rule amendments (http://www.mieb.uscourts.gov/notices/Notice_regarding_local_rules_120109.pdf), while the Western District made conforming changes to its rules by an administrative order (http://www.miwb.uscourts.gov/cms/assets/Rules-and-Forms/AdminOrders/adminOrder2009-4.pdf). The Eastern District has also posted a chart online (http://www.mieb.uscourts.gov/rulesAndForms/Table%20-%20Federal%20and%20Local%20Rules.pdf) that shows the various changes to the deadlines and time periods. Minor bankruptcy court rule changes also took effect December 1, 2010 (see http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules/ProposedSupCt1210.aspx), with others scheduled to take effect December 1, 2011 (see http://www.miwb.uscourts.gov/cms/assets/Home/Court-News/amendments2011.pdf).

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II. Sources of Bankruptcy Law: The Bankruptcy Code and Rules

A. Structure of the Bankruptcy Code

§1.2 Most of the operative provisions of the Bankruptcy Code are located in Title 11 of the United States Code. This title is divided into nine chapters—1, 3, 5, 7, 9, 11, 12, 13, and 15. Some of them offer separate forms of relief to financially distressed debtors. Chapter 7 provides for the automatic appointment of a trustee who will liquidate all of the debtor’s nonexempt property and distribute the proceeds to creditors. Chapter 9 permits troubled municipalities to reorganize their affairs under the protection of the bankruptcy court. Chapter 11 allows for the reorganization of distressed debtors; this form of relief is often selected by troubled businesses that need some time to restructure their financial affairs. Chapter 12 permits family farmers to reorganize their farming operations under the protection of the bankruptcy court. Chapter 13 provides for the adjustment of debts of persons with “regular income.” This chapter expands the scope of the old wage-earner provisions contained in Chapter XIII of the Bankruptcy Act of 1898. Finally, Chapter 15 deals with ancillary and cross-border cases.

The remaining chapters of the Code generally apply to all forms of bankruptcy relief unless otherwise specified in the Code. Chapters 1, 3, and 5 contain these general provisions. In 1986, Congress enacted the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986, which, among other things, repealed old Chapter 15 of the Bankruptcy Code and established the U.S. Trustee System throughout the country. HR 5316, 99th Cong, 2d Sess (1986).

A U.S. trustee was appointed for the region that comprises the Eastern and Western Districts of Michigan in 1988. In 2008, Daniel M. McDermott was appointed the U.S. Trustee for the region that includes Michigan and Ohio (Region 9). His office is located in Cleveland, Ohio. Assistant U.S. trustees have been appointed in the Eastern and Western Districts of Michigan to help the U.S. trustee perform his statutory duties. The assistant U.S. trustee for the Western District of Michigan is Matthew Cronin. In the Eastern District of Michigan, Marion Joseph Mack, Jr., is the Assistant U.S. Trustee. See §1.34 for a discussion of the U.S. Trustee System.

B. Rules Governing Bankruptcy Procedure: National and Local

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§1.3 In 1983, the U.S. Supreme Court, acting pursuant to 28 USC 2075, adopted the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules). These rules were drafted to conform with the provisions of the Code and govern procedure in all federal bankruptcy courts; they may not abridge, enlarge, or modify the substantive rights granted under the Code. 28 USC 2075. Recent revisions to the Bankruptcy Rules were made in 2003, 2008, 2009, 2010, and 2011 (effective December 1).

In addition to the Bankruptcy Rules, the bankruptcy courts for both the Eastern and Western Districts of Michigan have adopted local rules. The local bankruptcy rules supplement the Bankruptcy Rules and may not be inconsistent with them. Bankruptcy Rule 9029. These rules are cited in this book as LBR [number] (ED Mich) or LBR [number] (WD Mich). The bankruptcy courts for the Eastern and Western District of Michigan have also adopted several general orders to supplement the local rules. The local rules and general orders may be accessed at the Web sites for the Eastern (http://www.mieb.uscourts.gov) and Western (http://www.miwb.uscourts.gov) districts.

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The U.S. District Court for the Western District of Michigan has enacted WD Mich LCivR 83.2 et seq., which address certain aspects of bankruptcy procedure. Finally, the U.S. District Court for the Eastern District of Michigan has adopted ED Mich LR 83.50, which also contains various provisions governing procedure in the bankruptcy courts.

On February 5, 1996, the U.S. Bankruptcy Court for the Eastern District of Michigan adopted a list of civility principles governing the conduct of bankruptcy judges and the attorneys who practice before them (available online at http://www.mieb.uscourts.gov/rulesAndForms//CVprinciples.pdf). Similar principles have been adopted by the Bankruptcy Court for the Western District of Michigan (available online at http://www.miwb.uscourts.gov/cms/assets/Rules-and-Forms/Rules/Professional-Conduct.pdf).

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III. Bankruptcy Courts

A. Structure

1. Federal District Courts

§1.4 The jurisdictional provisions in the Bankruptcy Amendments and Federal Judgeship Act of 1984 (the 1984 amendments) resolved a constitutional problem (see Northern Pipeline Constr Co v Marathon Pipe Line Co, 458 US 50 (1982)) with the status of bankruptcy judges. These provisions, which are contained in 28 USC 1334, grant to federal district judges the power to administer bankruptcy cases and all civil proceedings connected to them. Thus, the district court is granted original and exclusive jurisdiction over all bankruptcy cases. 28 USC 1334(a). The district court is also granted original, but not exclusive, jurisdiction over all civil proceedings “arising under,” “arising in,” or “related to” bankruptcy cases. 28 USC 1334(b). However, the district court may abstain from deciding these civil proceedings “in the interest of justice, or in the interest of comity with State courts or respect for State law.” 28 USC 1334(c)(1). Finally, the district court is granted exclusive jurisdiction over all property of the debtor and property of the estate, wherever that property is located. 28 USC 1334(e).

2. Bankruptcy Judges

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2. Bankruptcy Judges

§1.5 Even though Congress allocated to the federal district courts the power to administer bankruptcy cases and to adjudicate controversies connected to those cases, they generally do not exercise these powers. Rather, these matters are automatically referred to the bankruptcy judges appointed in each district court. 28 USC 151. Bankruptcy judges may exercise the powers delegated to the district court “with respect to any action, suit, or proceeding,” except as otherwise provided by law or district court order. Id. In the Eastern District of Michigan, which encompasses approximately the eastern half of the Lower Peninsula, ED Mich LR 83.50(a)(1) refers all bankruptcy cases and proceedings to the bankruptcy judges of that district. WD Mich LCivR 83.2(a) does the same with respect to bankruptcy cases and proceedings filed in the Western District of Michigan. Although the issue has not yet been finally resolved, the U.S. District Court for the Western District of Michigan has held that a bankruptcy judge lacks the power to conduct criminal contempt proceedings and to impose criminal contempt sanctions. In re Lawrence, 164 BR 73 (WD Mich 1993); see also In re Hake, No 06-8014, 2006 Bankr LEXIS 2428 (6th Cir BAP Oct 3, 2006) (stating that there is serious question whether bankruptcy court has power to impose criminal contempt sanctions). Note that it has been held that a bankruptcy judge may impose civil contempt sanctions. In re Burkman Supply, 217 BR 223 (WD Mich 1998). Under certain circumstances, the reference may be withdrawn. See §§1.11–1.14.

The Bankruptcy Reform Act of 1994, Pub L No 103-394, amended section 105 of the Bankruptcy Code by specifically authorizing bankruptcy judges to conduct status conferences in cases and proceedings on the court’s own motion or on the request of a party in interest. 11 USC 105(d)(1). At this conference, the bankruptcy judge may issue orders to ensure that the bankruptcy case “is handled expeditiously and economically.” 11 USC 105(d)(2). For example, in a Chapter 11 case, the bankruptcy judge may fix a date by which a debtor must file a disclosure statement and plan. 11 USC 105(d)(2)(B)(i).

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In the Eastern District in Michigan, Phillip J. Shefferly is the Chief Judge. Marci B. McIvor, Steven W. Rhodes, Walter Shapero, and Thomas J. Tucker are judges in the Southern Division, while Daniel J. Opperman sits in Bay City and Flint to administer cases filed in the Flint and Bay City administrative units.

In the Western District of Michigan, three bankruptcy judges sit in Grand Rapids and administer all the cases filed in that district. They ride the circuit and administer cases from the cities of Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette. James D. Gregg, Jeffrey R. Hughes, and Scott W. Dales fill these positions.

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B. Core and Related Proceedings

1. The Significant Distinction

§1.6 When litigating in the bankruptcy court, the practitioner must be keenly aware of the distinction made in the jurisdictional provisions of the Bankruptcy Code between core and noncore (or related) proceedings. This distinction is important primarily because in related proceedings, bankruptcy judges may not enter final orders and judgments without the consent of the litigants.

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Occupy Flint 10/14-15 update 1

2011-10-15T06:31:00.001-05:00

Occupy Flint 10/14-5 update 1, a set on Flickr.

This is a running photo/video shorts of the "Occuoy Flint" Movement. Prodeuced by Terry Bankert, terry@attorneybankert.com

CHAPTER 7 BANKRUPTCY AND SPOUSAL SUPPORT

2011-10-09T07:22:00.000-05:00

FLINT BANKRUPTCY LAWYER TERRY BANKERT (810) 235-1970

III. COURTS OPINION

[HERE WE FIND] The facts of this case indicate that (1) Debtor enjoys a stable source of future income, (2) HE is eligible for Chapter 13 relief, and (3) he is capable of significantly reducing his expenses withhout depriving himself and his dependents of food, clothing, shelter, or other necessities.

While[ BANKRUPTCY] Debtor’s apparent desire to continue to support current or prior family members beyond his legal obligation to do so is commendable, it should not be at his creditors’ expense. For the foregoing reasons, the UST’s Motion to Dismiss is granted unless, within 20 days from the entry of the order effectuating this Opinion, the Debtor converts to a Chapter 13 proceeding.

The UST shall present an appropriate order.

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COURTS OPINION GRANTING UNITED STATES TRUSTEE’S MOTION

TO DISMISS CASE PURSUANT TO 11 U.S.C. § 707(b)(3)

The matter before the Court is the United States Trustee’s Motion to Dismiss Chapter 7

Case Under 11 U.S.C. § 707(b)(3) (Docket No. 13). The Court held a hearing on the matter and

requested post-hearing briefs. The Court also requested additional information from the Debtor

regarding the end date of certain liabilities. Those materials have been submitted and reviewed

by the Court, and this is the Court’s opinion.

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I. BACKGROUND

David Difazio (“Debtor”) filed his Chapter 7 bankruptcy petition on November 12, 2010.

He is 50 years old and works as a pharmacist at Walgreens. He has held that position for

approximately eleven years and earns approximately $128,205 annually. He is divorced and has

three sons, ages 21, 23, and 24. Debtor’s ex-wife and two of his sons live with him in a home

owned by his former mother-in-law. His 23 year old son lives in Chicago and is recently

employed. His 24 year old son, who lives with him, recently returned to work in June, after

being laid off at the end of last year. His 21 year old son, who lives with him, is a student and is

unemployed. Debtor and his ex-wife divorced in February 2009. Pursuant to the Judgment of

Divorce, Debtor is required to pay alimony in the amount of $1,200 per month for 48 months.

That 48-month obligation began in September 2009 (the selling of their marital home was a

condition precedent to the start of the alimony obligation), and that obligation has approximately

28 months remaining. Debtor testified that, in lieu of paying his ex-wife $1,200 per month, he

and his ex-wife came to an agreement whereby they would live in the same residence and he

would pay certain monthly household expenses on her behalf, as well as payments for certain

expenses for their sons. At this time, Debtor pays the following expenses for the benefit of

himself, his ex-wife, and his children, to wit: mortgage ($1,149); utilities ($313); water and

sewer ($55); telephone ($275); cable/internet ($230); a car payments for two vehicles, both of

which are owned by Debtor’s mother and which Debtor and his son are given permission to drive

($250 and $320); a payment for a Harley Davidson motorcycle ($326); insurance for the

vehicles owned by Debtor’s mother, Debtor’s ex-wife’s vehicle, and the motorcycle ($181, $213,

and $56.16); student loan payment for his son ($150); and a “payment for dependent,” which is

money given to his son currently living in Chicago ($110).1 Debtor’s ongoing debts include:

(1) tax debt owed to the Internal Revenue Service in the amount of approximately

$160,000; Debtor currently pays $1,424 per month (that payment increased from

$856 in September 2011) and he will likely be required to pay that obligation for

the remainder of his working career; Debtor’s ex-wife does not contribute to the

repayment of this debt;

(2) income tax debt owed to the State of Michigan in the amount of $3,042, with

estimated interest and penalties of 31-35%; Debtor currently pays $190 per month

and that obligation is estimated to be paid off between 1.9 – 2.4 years; Debtor’s

ex-wife does not contribute to the repayment of this debt; and

(3) stock loan plan debt in the amount of $3,381.51; Debtor currently pays

$247.78 per month and that obligation is estimated to be paid off in October 2012.

In addition to those continuing debt payments, Debtor contributes $213.67 per month to his

401K, which has a balance of approximately $29,000.

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II. [THE COURTS] DISCUSSION

Section 707(b)(1) provides, in part,

After notice and a hearing, the court, on its own motion or on a motion by the

United States trustee, trustee (or bankruptcy administrator, if any), or any party in

interest, may dismiss a case filed by an individual debtor under this chapter whose

debts are primarily consumer debts, or, with the debtor’s consent, convert such a

case to a case under chapter 11 or 13 of this title, if it finds that the granting of

relief would be an abuse of the provisions of this chapter.

1 These enumerated payments consist of all of the regular household expenses for himself and his ex-wife and his two adult children who are living with him. It is clear, however, that Debtor would be required to pay most of those expenses, such as mortgage/rent, utilities, and food if he were living on his own. Accordingly, the Court will only attribute a portion of those total expenses as being payments made for his wife’s benefit in exchange for the alimony payments.

In determining whether this case constitutes an “abuse” under § 707(b)(3), the Court must

examine the totality of the circumstances and determine whether the Debtor is “honest” and

“needy”. In re Krohn, 886 F.2d 123, 126 (6th Cir. 1989); In re Behlke, 358 F.3d 429, 434 (6th

Cir. 2004). “’[H]onest,’ in the sense that [Debtor’s] relationship with his [or her] creditors has

been marked by essentially honorable and undeceptive dealings, and […] ‘needy’ in the sense

that his [or her] financial predicament warrants the discharge of his [or her] debts in exchange for

liquidation of his [or her] assets.” Krohn, 886 F.2d at 126.

There is no allegation or indication that the Debtor has been anything other than honest in

his relationship with his creditors, and therefore the inquiry is limited solely to whether the

Debtor is “needy” of a chapter 7 discharge. In making determinations as to neediness, courts

have looked to the following non-exclusive factors:

(a) whether the Debtor has the ability to repay his debts out of future earnings;

(b)whether the Debtor enjoys a stable source of future income;

(c) whether the Debtor is eligible for chapter 13 relief;

(d) whether there are state remedies with the potential to ease the Debtor’s financial predicament;

(e) whether relief may be obtained through private negotiations with creditors; and

(f) whether expenses can be reduced significantly without depriving the Debtor of adequate food, clothing, shelter and other necessities.

In re Beckerman, 381 B.R. at 845 (citing In re Krohn, 886 F. 2d at 126-27).

In this case, Debtor enjoys a stable source of future income and is eligible for Chapter 13

relief. The factor most applicable to the Court’s analysis in this particular case is (f), i.e.:

whether the Debtor’s expenses can be significantly reduced without depriving him or his

dependents with adequate food, clothing, shelter, and other necessities.

The UST argues that Debtor can easily reduce his monthly expenses without depriving

himself or his dependents of adequate shelter, food, or clothing and that he has the ability to pay

his debts out of future earnings in a Chapter 13 case. Specifically, the UST argues that Debtor

could immediately trim his budget by $1,467.34 by: discontinuing his 401K contribution for the

period of a Chapter 13 plan ($213.67), eliminating the payments for his sons’ cell phones and

eliminating premium television channels ($150), eliminating the payments for his son’s vehicle

and insurance ($411.50), eliminating the motorcycle payment and insurance ($382.16), and

eliminating the payments for his son’s student loan and the “payment to dependent” ($260). The

UST further argues that when some of the above listed ongoing debts are paid off, Debtor will

have additional income he can contribute to a Chapter 13 plan to pay unsecured creditors.

Debtor argues that, given his ongoing support obligations for his ex-wife and his significant tax

debt, even if he could reduce his monthly expenses, he would not have sufficient income to

contribute toward a Chapter 13 plan.

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B. Payments in Lieu of Alimony Obligation

As noted, Debtor has a monthly alimony obligation to his ex-wife. As noted, he and his

ex-wife came to an agreement whereby Debtor would pay the ex-wife’s portion of the mortgage

payment, her car insurance, household utilities, and certain expenses for their sons instead of

paying the monthly alimony obligation to her. Debtor argues that he is currently paying the

following expenses in lieu of that alimony obligation: (1) his ex-wife’s share of the mortgage

payment ($575), automobile insurance for his wife’s vehicle ($106), a car payment for his son’s

vehicle ($306), student loan payment for the eldest son ($150), and a “payment for dependent”

($110). Those expenses add up to $1,247. However, Debtor is clearly paying expenses above

and beyond those amounts on his ex-wife’s behalf. Specifically, he is also paying $313 for

utilities; $55 for water and sewer; $230 for cable/internet; and $298.76 for his ex-wife’s

insurance expenses. Taking into consideration the portion of those expenses attributable to

Debtor’s ex-wife, it appears that he is paying at least an additional $598 per month for his exwife’s expenses. It is also unclear whether the $1,100 monthly food expense listed on Debtor’s

Schedule J includes food expenses for his ex-wife. It is clear in this case that Debtor is paying

much more than $1,200 on his ex-wife’s behalf on a monthly basis. For that reason, the Court

will consider the car payment for his son’s vehicle, student loan payment for his other son, and

the “payment for dependent” as being separate from the alimony obligation.

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C. Reduction of Expenses

A review of Debtor’s schedules show that his expenses are somewhat excessive and

additional belt tightening is not out of question. To be sure, some expenses are what they are in

no small part because he is financially supporting his ex-wife and three adult children. Two of

his adult children are working and are able to either support themselves or to contribute to the

household expenses or to their own expenses. See In re Beckerman, 381 B.R. at 852 (citing In re Siemen, 294 B.R. 276, 279 (Bankr. E.D. Mich. 2003). Further, Debtor’s payment of expenses for his ex-wife is clearly in significant excess of his $1,200 monthly alimony obligation and that

excess is not likely legally required. Debtor’s expenses can clearly be reduced by a minimum of:

$150 for cable/internet/phones, $411.50 for the payments for his son’s vehicle and insurance,

$382.16 for the motorcycle payment and insurance, and $260 for the payments for his son’s

student loan and the “payment to dependent.” Eliminating or reducing those expenses alone

adds up to $1,203.66. Adding in Debtor’s monthly net income of $159.80, Debtor could pay a

total of $1,363.46 per month to his unsecured creditors in a Chapter 13 plan. Even taking into

consideration the recent increase in Debtor’s tax obligation, from $856 to $1,424, Debtor could

make a significant monthly payment toward a Chapter 13 plan. Further, the amount Debtor can

contribute to a Chapter 13 plan would at some point increase as the Michigan tax debt, alimony

obligation (which will end in September 2013), and stock loan plan debt are paid off during the

period of a five year plan.

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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION – DETROIT

In re:

Case No. 10-74441

David M. Difazio, Chapter 7

Hon. Walter Shapero

Debtor.

___________________________________/

OPINION GRANTING UNITED STATES TRUSTEE’S MOTION

TO DISMISS CASE PURSUANT TO 11 U.S.C. § 707(b)(3)

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Bankruptcy in Flint Michigan

2011-10-08T20:16:00.001-05:00

Your History of Bankruptcy Law

Did you kn ow.§1.1 Laws that provide for the distribution of a debtor’s property among creditors have been a part of civil jurisprudence since ancient times. Under the Code of Hammurabi, an insolvent debtor was often sold into slavery. In Celtic Ireland, a creditor would often “fast on” a debtor by placing himself or herself before the debtor’s doorway until the debt was paid. See generally Louis Edward Levinthal, The Early History of Bankruptcy Law, 66 U Pa L Rev 223 (1918).

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The 2005 amendments changed over 100 years of bankruptcy law. Some of the important changes made by BAPCPA include the following:

requiring consumer debtors to undergo financial counseling before filing for bankruptcy, 11 USC 109(h), 521(b), and before discharge, 11 USC 727(a)(11), 1328(g)(1)

means testing for consumer debtors seeking to discharge debts under Chapter 7, 11 USC 707(b)

bars against repetitive filing through limitation of the automatic stay, 11 USC 362(c)(3)

elimination of the debtor’s ability to retain secured collateral without redemption or reaffirmation, 11 USC 521(a)(6)

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II. Sources of Bankruptcy Law: The Bankruptcy Code and Rules

A. Structure of the Bankruptcy Code

§1.2 Most of the operative provisions of the Bankruptcy Code are located in Title 11 of the United States Code. This title is divided into nine chapters—1, 3, 5, 7, 9, 11, 12, 13, and 15. Some of them offer separate forms of relief to financially distressed debtors. Chapter 7 provides for the automatic appointment of a trustee who will liquidate all of the debtor’s nonexempt property and distribute the proceeds to creditors. Chapter 9 permits troubled municipalities to reorganize their affairs under the protection of the bankruptcy court. Chapter 11 allows for the reorganization of distressed debtors; this form of relief is often selected by troubled businesses that need some time to restructure their financial affairs. Chapter 12 permits family farmers to reorganize their farming operations under the protection of the bankruptcy court. Chapter 13 provides for the adjustment of debts of persons with “regular income.” This chapter expands the scope of the old wage-earner provisions contained in Chapter XIII of the Bankruptcy Act of 1898. Finally, Chapter 15 deals with ancillary and cross-border cases.

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B. Rules Governing Bankruptcy Procedure: National and Local

§1.3 In 1983, the U.S. Supreme Court, acting pursuant to 28 USC 2075, adopted the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules). These rules were drafted to conform with the provisions of the Code and govern procedure in all federal bankruptcy courts; they may not abridge, enlarge, or modify the substantive rights granted under the Code. 28 USC 2075. Recent revisions to the Bankruptcy Rules were made in 2003, 2008, 2009, and 2010 (effective December 1).

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B. Core and Related Proceedings

1. The Significant Distinction

§1.6 When litigating in the bankruptcy court, the practitioner must be keenly aware of the distinction made in the jurisdictional provisions of the Bankruptcy Code between core and noncore (or related) proceedings. This distinction is important primarily because in related proceedings, bankruptcy judges may not enter final orders and judgments without the consent of the litigants.

2. Core Proceedings

§1.7 What's New in this Section Bankruptcy judges may hear and decide all core proceedings and may enter orders and judgments in those proceedings subject to appellate review. 28 USC 157(b)(1). Examples of core proceedings are listed in 28 USC 157(b)(2) and include (1) motions to lift the automatic stay, (2) actions to recover fraudulent conveyances and preferences, and (3) determinations whether certain debts are dischargeable. Also included on the list are “other proceedings affecting the liquidation of the assets of the estate or the adjustment of the debtor-creditor or the equity security holder relationship.” 28 USC 157(b)(2)(O). For decisions construing the scope of core proceedings, see In re Pioneer Inv Servs Co, 946 F2d 445 (6th Cir 1991); Bliss Techs, Inc v HMI Indus (In re Bliss Techs, Inc), 307 BR 598 (ED Mich 2004); and In re Marshall, 118 BR 954 (WD Mich 1990).

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E. Venue of Bankruptcy Cases and Proceedings

§1.17 In general, a debtor who seeks bankruptcy relief may file a bankruptcy petition in the court for the district in which the debtor’s domicile, residence, principal place of business, or principal assets have been located for 180 days before the date of filing. 28 USC 1408. In the Eastern District of Michigan, LBR 1071-1(a) (ED Mich) establishes three administrative units (Detroit, Flint, and Bay City) for cases filed in that district. If a case is filed in the wrong administrative unit—for example, if a corporation headquartered in Bay City files its petition in Detroit—the bankruptcy judge may transfer that case to the proper administrative unit. LBR 1071-1(c)(1) (ED Mich); see, e.g., In re Romzek, 50 BR 720 (Bankr ED Mich 1985). The Bankruptcy Court for the Western District of Michigan has adopted a similar local rule. See LBR 1014 (WD Mich).

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H. Electronic Filing of Cases and Pleadings

§1.20 On February 3, 2004, the U.S. Bankruptcy Court for the Western District of Michigan adopted Administrative Order No 2004-02, which provides for the electronic filing, signing, verification, and service of documents. This order provides that the electronic filing of a document in accordance with the Administrative Procedures “constitutes the filing of the document for all purposes.” On July 14, 2004, this court followed with Administrative Order No 2004-06, which requires “all petitions, pleadings and other papers filed in all cases and proceedings, whether pending or new,” to be filed electronically beginning on January 1, 2005. The Administrative Order was incorporated into and was superseded by the February 1, 2007, comprehensive revisions to the Western District Local Rules. Similarly, the Eastern District implemented electronic filing on a mandatory basis on January 1, 2006, and electronic filing is covered in the Eastern District’s local rules.

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IV. Parties in Interest in Bankruptcy Cases

A. In General

§1.21 In every bankruptcy case, there are certain persons, called parties in interest, who perform their statutory duties and attempt to enforce their rights and privileges. They are the debtor, the trustee, the U.S. trustee, secured creditors, unsecured creditors, and, in certain cases, creditors’ committees and equity security holders.

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B. Debtors

1. Chapter 7 Cases

§1.22 In Chapter 7 cases, a debtor may be an individual, a partnership, a corporation, or some other artificial person. However, only an individual may receive a discharge of debts in Chapter 7 cases; other entities may not. The 2005 amendments require that a debtor receive an individual or group briefing that outlines the opportunities available for credit counseling. The briefing must have been received within the 180-day period preceding the filing of the bankruptcy case. 11 USC 109(h)(1). This requirement is commonly referred to as the requirement for prefiling credit counseling.

Chapter 7 debtors must file certain documents with the bankruptcy court; must appear for questioning by creditors, the bankruptcy administrator, and the trustee at the meeting of creditors; and must perform other duties specified in the Code and the Bankruptcy Rules. If the individual debtor performs these duties and is not guilty of any bad acts as defined in the Code, the debtor will be granted a general discharge of prepetition debts and will retain exempt property to be able to make a fresh start in life.

After the debtor meets the duties specifically required under the Code, the debtor is required to complete an instructional course concerning personal financial management to obtain a discharge. 11 USC 727(a)(1). This is another requirement added by BAPCPA.

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2. Chapter 11 Cases

§1.23 Individuals, partnerships, and corporations all qualify for relief under Chapter 11 of the Code. A Chapter 11 debtor is normally retained as debtor-in-possession at the outset of the case and, as such, continues to operate its business as a fiduciary for all creditors within the guidelines prescribed by the bankruptcy court. The debtor, if not displaced by a trustee, then negotiates with its secured and unsecured creditors the terms of a plan calling for either the reorganization or the liquidation of the debtor’s assets and the adjustment of the rights of creditors and stockholders. This plan is sent to all creditors for a vote, and, after the votes are tallied, the plan may be confirmed and given effect by the bankruptcy court. Special rules apply for small businesses. See chapter 6.

In 2005, BAPCPA enacted comprehensive revisions to 11 USC 1112 and 1104, addressing conversion or dismissal and appointment of trustees. As amended, 11 USC 1112 provides that the courts “shall” rather than “may” convert or dismiss a case if it is in the best interests of creditors and if the movant establishes cause. Comprehensive examples of cause are set forth in the provision, and, in the event that the court decides that there is a basis or cause to dismiss or convert, the court has the alternative of appointing a Chapter 11 trustee or examiner.

For help-Bankruptcy Attorney 810-235-1970 Terry Bankert

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3. Chapter 12 Cases

§1.24 Only “a family farmer or family fisherman with regular annual income” may be the subject of a Chapter 12 case. 11 USC 109(f). The term family farmer includes individuals, partnerships, and corporations but does not encompass all entities that are engaged in farming operations. 11 USC 101(18). Family farmers who seek relief under Chapter 12 normally file their reorganization plans soon after their case has been commenced. Chapter 12 plans provide for payments to be made on secured and unsecured debt over a period that may last as long as five years. Confirmation of the plan does not result in the family farmer’s discharge; this is granted only when the debtor completes making payments under the plan or qualifies for a hardship discharge.

Although Congress retroactively extended Chapter 12 in 2004 ( Pub L No 108-369, 118 Stat 1749 (2004)), BAPCPA made Chapter 12 a permanent provision of the Code.

For help-Flint Divorce Lawyer Attorney *10-235-1970 Terry Bankert

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4. Chapter 13 Cases

§1.25 Only “individuals with regular income” may file Chapter 13 petitions and propose plans providing for the composition and extension of debts. Relief under this chapter is not available to artificial persons, nor is it available to individuals who do not receive regular income or are carrying heavy debt loads. 11 USC 109. A Chapter 13 debtor normally files, along with a voluntary petition, a proposed Chapter 13 plan, in which the debtor proposes to pay all or a portion of the debts over time with regular income. Unlike the Chapter 7 debtor, the Chapter 13 debtor is not required to surrender nonexempt property to the trustee for liquidation; the plan may propose that the debtor keep this property while he or she pays the debts. Unlike the Chapter 11 debtor, the Chapter 13 debtor does not receive a discharge once the plan is confirmed; discharge is granted only when the debtor performs all the obligations under the plan or otherwise qualifies for a hardship discharge.

As of April 1, 2007, the eligibility requirements for Chapter 13 debtors have been increased. Only individuals with regular income who have, on the date of filing a Chapter 13 petition, noncontingent and liquidated secured debts in an amount less than $1,010,650 and noncontingent and liquidated unsecured debts in an amount less than $336,900 are eligible for Chapter 13 relief. 11 USC 109(e). The debt limits are adjusted every three years, 11 USC 104(a), and increased to $1,081,400 and $360,475 effective April 1, 2010. See generally In re Pisczek, 269 BR 641 (Bankr ED Mich 2001); In re Faulhaber, 269 BR 348 (Bankr WD Mich 2001).

For help-Flint Family Law Attorney Terry Bankert

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C. Trustees

1. Chapter 7 Cases

§1.26 In Chapter 7 cases, the U.S. trustee appoints an interim trustee on the entry of an order for relief, which generally occurs when the bankruptcy petition is filed. The trustee is selected from the panel of trustees for the judicial district in which the Chapter 7 petition has been filed by or against the debtor. The U.S. trustee may serve as trustee in a Chapter 7 case if none of the panel trustees are able or willing to serve. At the meeting of creditors, the creditors may vote either to allow the interim trustee to continue as the permanent trustee or to replace that person with another from the panel. See generally In re Lindell Drop Forge Co, 111 BR 137 (Bankr WD Mich 1990). If no voting takes place, the interim trustee becomes the permanent trustee.

The trustee is a representative of the debtor’s estate and as such is required to investigate the debtor’s affairs and liquidate his or her nonexempt property for the benefit of creditors. The trustee may also seek to augment property of the estate by filing actions to recover preferences, fraudulent conveyances, and other voidable transfers made by the debtor to third parties. Once this property is collected and reduced to cash, the Chapter 7 trustee files a final report and account with the bankruptcy court in which the trustee proposes how these cash proceeds should be distributed. When the court approves this final report and account, the trustee distributes the cash to creditors and closes the Chapter 7 case. See chapter 5 for further discussion of the trustee’s role in Chapter 7 cases.

For help-Terry R.Bankert P.C. Bankruptcy Discussions

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SOURCE

Handling Consumer and Small Business Bankruptcies in Michigan ch 1 (Richardo I. Kilpatrick et al eds, ICLE 2009), at
http://www.icle.org/modules/books/chapter.aspx/?lib=bankruptcy&book=2009550820&chapter=01

(last updated 09/30/2011

Flint bankruptcy and public benefits

2011-10-04T05:28:00.000-05:00

PUBLIC BENEFITS IN FLINT BANKRUPTCY.
Posted by Flint Bankruptcy Attorney Terry Bankert, 235-1970.

Flint Area Public agencies that are seeking to collect overpayments from Flint Bankruptcy debtors such as SSI,Medicaid, or other welfare benefits [good luck with that one under Snyder] cannot do so by lowering or ending you benefits while your Bankruptcy is pending. Becomeing ineligible for other reasons a Flint Bankruptcy does not prevent this type of denial.

When you are in a Flint Bankruptcy Government may not , deny,revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant on the basis of your Fliny Bankruptcy. Specifically they cannot.
-denyu or terminate public benefits
-deny or evict you from public housing
-deny or refuse to reinstate your state liquor license
-deny you a drivers license
any many other rights. Contact Flint Bankruptcy Lawyer Terry Bankert 235-1970 if you have questions.

Live Broadcast on this topic 10/04/2011 8:45 - 9:00 a.m. on WFLT 1420 AM radio. Show "Its no joke being broke"
http://www.attorneybankert.com

Kettering University Robotic Competition 09/17/2011

2011-09-17T20:34:00.001-05:00

Kettering University Robotic Competition, a set on Flickr.

Attended for the third year with my sister. We Flintoids under appreciate the excellence occuring at Kettering.