Tuesday, January 15, 2013


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

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

This "crime" must be laid in the lap of Governor Rick Snyder.

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


Presented here,12/31/12/ by Flint Attorney Terry R. Bankert 810-235-1970, terry@attorneybankert.com, , www.attorneybankert.com
On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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