As I said before, please remember when a lawyer becomes involved your problem becomes an issue and that I am a paralegal not a lawyer. It also seems crazy republicans want you to believe President Obama either doesn’t have, is abusing and or making more Executive Orders then any other president. That is very and I do mean very wrong. While executive orders are considered federal law valid around the nation, there are 3 ways to overturn an executive order. 1st if congress could ever get its act together it could veto the order, 2nd the Supreme Court can overturn an executive order, (I have included an example in this post) finally the next president can terminate or rewrite an executive order. There are some orders which do have a built in termination date. Originally executive orders were limited to the administration of different governmental departments and how that department would deal with a federal law directly effecting department operations. Now, thanks to President G.W. Bush’s National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20, the powers of the executive order has greatly expanded. You see, prior to this directive a president could respond to a threat or danger with military force but after a period time the president would have to go before congress and ask for a declaration of war, if refused the president would have to bring the troops home. (Just so you know the presidential directive is not an executive order.) Directives can also be challenged like an executive order and can be renewed like an executive order. A few in congressmen did try to challenge but were overruled by their fellow congressmen. That’s how we got into the 10 year Iraq war and the power to declare war now resides with the president. To make these changes permanent unchangeable law a senator or congressman must decided it is a good change and introduces a bill in support of the executive order or the president talks someone into introducing the bill. Than manages to get it through both houses so he can sign it the order will expire. Also the incoming president could renew or terminate an executive order if someone tells him about it or slips it in among a pile of other things requiring his signature. If none of this happens than the executive order will find its way into his or her ‘presidential library’. Where it will probably be forgotten. Now the Supreme Court can override and or nullify of an executive order. Let’s look at executive order 10340 created by Harry Truman. This order expropriated and federalized the steel industry. Executive order 10340 was canceled by the Supreme Court in 1959. Now there are federal laws that do have a time limit. President Obama created Protecting Tenants during Foreclose Act (P.T.F.A.) during his 1st term in office. The difference between an Act and an executive order is there was at least some congressional support. The P.T.F.A. dealt with a landlord tenant issue. More Next Week
I am sorry this article has taken so long. You see this article involves a class of people I am extremely passionate about. I will be using Thursday as my future postdate. I’ll try to get back to Bankruptcy.
It looks like we just had another immigrant ‘Dump’. This ‘Dump’ is sorta like the ‘Dump’ Cuba did back in the 1970’s. Castro ordered the deportation of his middle class. Something like 400,000 families were shipped to Florida. Plus a huge number of shall we say ‘undesirables?’ We are talking about thieves, murders, rapists’, child molesters, those who do murderer for hire. Castro basically emptied his jails and threw them on us. His purge included his mental hospitals. We got everything from bed waters to serial killers. To everyone’s amazement we kept them. All of them.
Now it seems we have another ‘Dump’ going on. Except this we are getting children. So far our Boarder Police have picked up roughly over 700 unaccompanied minors. I am talking about children with ages ranging from newborn to 16 years old. With more coming in every day.
Just so you know these poor souls are not from Mexico. They are coming from countries as far away as Guatemala, Salvador and Honduras. Countries currently being hammered by tropical storms and armed insurrections. Authorities’ are predicting the number of unaccompanied children will exceed 1,000,000. 1 million lost children looking for Mom or Dad. Hell, some these children on would settle for an Aunt or Uncle. Family who came north years ago looking work any kind of work.
Now, I am sure these children have been bused and frightened by the border patrol agents. Hell, how much do you want to bet that more than a few teenager with too much attitude got their attitude readjusted. I guarantee some without any attitude problems had their attitude readjusted. We will eventually discover how badly mismanaged this mess will be. We are talking about greedy lazy people going out of their way making thinks difficult for those who do want to help.
What gives me real nightmares are the children that weren’t picked up. How many died in the attempt to cross. Worse yet how many fell prey to human predictors. Human traffickers’ turning those children into slaves.
Let’s be real folks, selling children boys as well as girls is the major growth industry of the 21st century. I can’t say this loudly or often enough being kidnaped and or sold happens to boys too. Little boys anywhere from newborn to 16 years old. Although most boys start to lose their ‘attractiveness’ about age 14. Which means 9 out of 10 times a death sentence or something worse for the boy.
These children boys and girls alike are sold and used with no more dignity then a cow being led to a slaughter house. There have been reports of these ‘entrepreneurs’ are making millions of dollars more than drug dealers in children’s flesh.
As you can tell children are very important to me. Ever since I have begun trying to adopt Lord above, how bureaucracies can create problems’. AS a single man I have met a lot of resistance.
Are republicans so damn desperate, they have to destroy a young man’s life? Republicans are demonstrating that a soldier is a valueless expendable commodity. Unless he has achieved a rank of Colonel or higher and is preferable male. If you are thinking about joining, I would think about it very carefully. With an all-volunteer armed services republicans have made a recruiters job a hell of a lot more difficult.
Now these idiots claim Sgt. Bergdahl is a jihadist that he has converted it Islam. After this treatment he just might be. Think about this Sgt. Bergdahl has been a captive for five years. Five years of being tortured denied food, possibly spending several months at a time in a four by four cell so black you cannot see your own hand as you touch your own nose. You’ve spent all those months in that tiny cell without human contact.
Ghee, doesn’t that sound a lot like what P.O.W’s went through in the Vietnam and Korean Wars. I an old enough to remember how activists like Jane Fonda and journalist got played. They were allowed to ‘interview’ detainees. Detainees are prisoners programmed through torture and mind games to ‘honestly’ and ‘without fear of punishment’ tell the world how neat and wonderful their prisons and guards are. Plus how rotten America is.
You know as a Veteran I’ve heard 100’s of stories about soldiers leaving their post to ‘relieve’ themselves. Then While ‘reaching for toilet paper only to be captured. So with all these rumors flying about concerning Sgt. Bergdahl.
Here is mine:
He found out he wasn’t there to fight terrorists, to rescue any hostages or to protect his country. That he was there to create a higher demand for the military-industrial complex. In addition to giving certain ‘unnamed’ corporations access to Iraq oil fields. Discovering this, he picked a bad way to protest.
Maybe the Taliban tempted him away from his post by offering him the ‘personal services’ of 72 virgins?
Who knows? Again everything I’ve heard and read about Sgt. Bergdahl has been rumors and speculation. Nothing even the dumbest lawyer in the whole world would take to court. Of course with the Fox news their claims have been outright lies. Something like 20 soldiers losing their lives looking for Him. Get real, our military would not have sent out 20 soldiers to rescue 1 Sergeant. There have been rumors of maybe 2 soldiers were sent. A number of other deaths credited to Sgt. Bergdahl were combat deaths but had nothing to do with looking for him. Some of the deaths occurred before he was captured.
JUST SO YOU KNOW: The MILITARY-INDUSTRIAL COMPLEX are the corporations that make their billions selling our military all those guns, tanks, bombs and aircraft carriers. Unfortunately Without a war going on our military doesn’t seem to want to buy all their toys.
This brings me to a point I want to make. Our combat soldiers are being sent into combat without any idea of what to expect. I understand ‘combat training’ has become nothing more than a joke. In my day ‘combat training’ is referred to as an Exercise. Exercise’s that are supposed to simulate doing your job, with people trying to kill you. In my day you would be issued an m-16 and have to stand watch with an enemy trying to invade your camp. Sometimes there would be gun fire and explosions, or sometimes an enemy would sneak into your camp and shoot you in your sleep. Now these Exercises have become a camping trip.
I will try to get back to Bankruptcy next week.
Interesting, did you know there was a bill presented to the senate this last February. February 2014. This bill would have built 27 new veteran hospitals. It would have purchased much-needed new equipment and replaced equipment to antiquated to handle patient needs. It would have created educational programs for doctors and nurses to better equip them to handle changing patient needs resulting from daring to survive the USLESS IRAQ and the Afghan wars.
It would also allow Veteran Hospitals to accept and treat Vets with medical conditions resulting from the Iraq and Afghanistan Wars not yet listed as service connected disabilities. These medical problems would be treated but the Vet would not get disability pay. At least not until the disability is approved by the VA system. This Bill would have allowed Vets get the specialized care needed without going millions of dollars into debt.
But with the current bureaucracy unless a tank roles over your leg and at least 8 people are standing there and taking pictures. It can take anywhere up to 6 years to get a service connected classification for your medical problem. Just ask Vietnam vets how long it took them to get the VA Systems to recognize the very long list of medical problems created by Agent Orange.
But Of course cost conscious Senators like Marco Rubio Jeff Sessions and a number of other republicans have decided that this would cost just too much. So they saw fit to filibustered The Bill until it was dead.
This after forcing our military to keep open, and to train and staff 3 installations. Plus update the same Installations. Installations our military has decided serve no valuable or needed function in protecting this country and wanted to close them. Then there was an officer pay raise. Our military decided a 1% would be more than enough, but our wonderful congress decided that Officers needed a 2% cost of living raise. The same ones who decided a pay raise for us vets would cost too much.
Now let’s get into how The VA medical system operates. It works a lot like medical insurance. Although instead being based on your income the VA system is based on your medical conditions. For example, if you enter the VA Medical System without a service connected medical need you will have a $15 co-pay to see your primary care doctor. $65 if you need to see a specialist and $8 for whatever medication you might need.
Wow, ghee that is a whole money isn’t?
Now let’s say you enter VA system with a 10% service connected disability for a gunshot wound. Now let’s say 10 months after you get your 10% rating, your primary care doctor discovers a bone infection were you got shot and the infection is spreading. Because of your 10% rating, all and I do mean all treatments, tests, medications and or hospitalization your doctor’s order are covered at no charge. No treatment or medication prescribed by a doctor can be denied. Unless a board of doctors disagree with the prescribing Doctor. That’s doctors not accountants. If you get a 50% disability rating you medical bills disappear.
So you see the higher your disability rating smaller your medical bill. The February Vet bill would have allowed freshly discharged vets with little or no income seek care without going into debt.
Let’s start with the fact, I am a Veteran. I have been a patient of the Veteran’s medical system for the last 15 years after my legs went bad.
Okay this is where things can get a bit confusing. The 1st time I became a part of the Veteran’s Medical System was after an honorable discharge in 1985. I enlisted in the VA Medical System because was the only medical insurance I could afford while I tried to go to school. This lasted until I took a job at the VA Hospital and worked there for almost 6 years. During those 6 years I had ‘private’ medical insurance and as an employee I had to seek my care in the civilian world. Eventually I was medically laid off because of my legs going bad. Then my insurance began rejecting treatments and procedures. That is when I returned to the VA medical system.
So as you can see I am quite familiar with both VA medical system and ‘private medicine.’ as both patient and employee. So you see I can honestly compare the 2 system.
With that said and as Ed Shultz says ‘Let’s get to work.’
The years I worked at the Denver VA Hospital it taught me that the hospital was working at capacity. There was a time we had more patients then we had beds. Often this was the result of what we called ‘dumps’. A dump is when one of the for profit hospital discovers that one of their patients is indigent or if patients insurance had reached its capacity for the year and were not going to pay anything more. If the patient is a veteran they would move that patient to a local VA Hospital.
I remember when I was assigned to a surgical intensive care unit a veteran was rolled in attached to every portable life support there was. His paperwork showed he was a ‘dump’.
Then came the budget cuts. Thanks to the republican cuts we had to close 2 wards and a medical intensive care unit. Those now unused patient rooms were turned into offices no one use and a st0ore room with nothing in it.
Then came a rare moment of sanity in which congress recognized PTSD and Agent Orange as real medical conditions. Doubling the patient load.
Now thanks to 2 useless manufactured wars the VA Patient load is quadrupling. These Veterans are seeking care with traumas and injuries that in World War II meant death.
Last year republicans cut another 29 billion from Veteran’s budget. The sequestration budget cut another 10% was cut from the VA Budget. During the Bush/Cheney years $60 billion was cut from the VA budget. Good old super smart Paul Ryan fixed it so veterans will not be getting a cost of living raise for 3 years. Hell, He has made it clear he wants to cut all disability payments to Vets and to everybody else getting help for that matter. As part of his war on wasteful social spending.
So what I don’t get is why republicans are uptight about doctor’s being forced to see 20 or more patients in day and not being able to give their patients the time they need. Plus patients waiting several months or more for visits to specialty doctors or their primary doctor.
Anyway it seems to me strange that republicans are upset because Vets are slipping through the cracks and dying.
Well that’s my rant.
Next week back to Bankruptcy
Once again, I am a paralegal not a lawyer. So my articles are in no way to be considered legal advice they are legal information only. Let us not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.
To repeat myself, bankruptcy isn’t as bad as republicans and corporations want you to think, Just because you have a bankruptcy Discharge your life nor your financial life are not going to end, Honest. All you are doing is telling the people you owe
“I ain’t got it and I can’t get it! So back off and leave me alone!”
You see the goal of all bankruptcies is Discharge. A Chapter 7 Discharge is when the Bankruptcy Trustee (Judge) says you no longer owe the money and or debts listed in your bankruptcy.
SIDENOTE: After Discharge you will have to be careful. You see There is a catch 22. You see according to Federal Law once you get your Discharge debt collectors are no longer allowed to come after you but there are bad debt collectors who will still come after you and if they can get you to pay so much as $1 it become legal to go after you again. I will get into how deal with these greedy idiots in later articles.
So getting back to after Discharge. Within 30days of getting your Discharge you will be able to get a credit cards. There will be Secured and unsecured credit cards offers. Secured credit cards require that you deposit money into a savings account. The amount you deposit in that credit card company’s savings account will be your credit limit. Six months after Discharge you will be able to buy a new car. If you want to buy a new house and use FHA loan, bummers that means you will have to wait a whole 4 years to get your new house.
SIDE-NOTE: This isn’t legal advice, just my personal opinion. After you get your discharge get a secured card that reports to the credit bureau. It will take some looking but they are out there. Warning, most secured credit cards companies report to nobody.
Now, no employer federal or private can fire you for filing for bankruptcy. You can get fired for other reasons but not for bankruptcy.
Chapter 7 bankruptcy Discharge does not mean you cannot file for unemployment benefits or that your payments are going to stop. This also includes social security or any other benefits you might be entitled to. At least not right now with the crazy republicans in power that will change.
The Discharge itself will only stay visible in your records for only 7 years.
If you are worried about the corporations and people listed in your bankruptcy they will get to deduct what you owe them from their taxes. The only thing they will lose is the interest they get to charge you while you struggle to pay off the debt.
So isn’t bankruptcy just going to destroy your life, like crazy republicans want you to think, or is it a chance to start the game over like it was always meant to be. You decide not the crazy republicans.
Next week I’ll talk about a few bad things concerning bankruptcy and the mechanics of how it works.
All right, five months ago it is Christmas time. As usual, there was a Christmas Carol movie is playing on a number of different cable stations. I think my three favorite are Bill Murray’s Scrooge, Vanessa Williams’ a Diva’s Christmas Carol and Patrick Steward`s, A Christmas Carol. I think Mr. Steward’s came closest to what Charles Dickens wanted to say. In each movie the main plot was pretty much the same, old greedy Ebenezer Scrooge or a Scrooge type character who refuses to part with a single coin and was out to squeeze every last possible coin from poor souls no matter how or why they got into debt. It did not matter what damage or suffering his greed caused. All that mattered was putting that shiny coin into his pocket.
With that in mind, one of his favorite things to do in getting that coin, in the book, was to buy the debt of others have the unfortunate debtor arrested and jailed as a debt dodge. It didn’t matter if they were employed trying to pay or not. Debt was an actual crime in the 18th and 19th centuries. With his victim in jail, in jail without a trail or due process, Ebenezer would seize and sell their homes, furniture anything with the remotest monetary value, turning the debtors ill parents, wives and children out to suffer in the streets. You know in the real world of the 19th century single and or widowed women with children just as often wound up in debtor’s prison as men did. Debtor’s children and wives were often sent to workhouses and orphanages. Places that were too often a half a step from hell. That is if they weren’t just dumped on the streets after their house was seized.
That would be a scary world to live in wouldn’t it. Thank the Lord we don’t live in such times, right? After all it only happens in fiction and history books, right? I mean such a thing could happen not in today’s America, right?
Wrong Virginia! It is very real! And it could very well happen to you!
Just ask the Minnesota woman, who went to jail over a $250 owed for a credit card she didn’t know she had. Or The Illinois breast cancer survivor who was jailed over a $280 medical bill the hospital told her she didn’t owe. There was a woman sent to jail over a $60 phone bill owed by her husband dead 10 years. Let’s not forget the Kansas City guy who went to jail for $1000 he owed a furniture store after making payment arrangements. This last January a judge sentenced a man in Kenny Illinois to an ‘indefinite jail term’ over $300 he owed a lumber yard.
This doesn’t include to poor souls sent to jail because they didn’t have the money or a job to pay a fine. Only to discover that their $60 fine after 90 days spent in jail is now $6000. After all someone has to pay for the prison, prison guards’, food and uniforms.
After all didn’t one bund ant say “If you were a good person and a favorite of God you would have been born rich?”