Origional Occupier

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
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http://dumpmyspouse.com/
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Flint Bankruptcy Law
-

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

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


******

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TZU, Flintoid and a couple of Occupiers

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.

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

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.

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