S.C.R.A III

Interesting, our House of Representatives has actually held a vote on 4/10/14. 219 crazy republicans have voted to cut and end food stamps, Medicare and Medaid, Unemployment insurance, welfare and other much needed social programs. For example, there would be cuts to the Pell grant making it 10 times harder for a poor kid to get education or training needed so they can climb out of being poor. Of course, let’s not forget Obama care this budget will be taking away medical insurance from 8 million working families. After all the poor and handicap are just lazy people bleeding this country dry.

All this so they can to give poor rich people a much needed tax cuts. Poor, Poor rich people. I swear Serf-Dom is on its way back. Once we have Serf-Dom slavery is not even a half-step away.

Oh well, Once again as Ed Shultz from the Ed Show says ‘Let’s go to work’. I am not a lawyer, I am a paralegal. So what follows is in no-way to be taken as, intended to be legal advice. This is legal information only. Let us not forget when a lawyer or paralegal becomes involved your problem becomes an Issue.

Picking up on the S.C.R.A. I am constructing a second page dedicated to listing phone numbers, addresses and websites of military legal assistance organizations. I found this listing on the Department of Justice website. Theses organizations’ should and will be able to help you if you decide to pursue an S.C.R.A/Serviceman’s Civil Relief Act type of bankruptcy. If you live near a military base you can also start with local military base’s legal offices.

If you are a service member and or the service member’s spouse starting an S.C.R.A you will need to have this the information you need to have on hand when you make your 1st call:

Service member’s full and complete name, rank and current posting or where they are currently stationed. Of course don’t forget your soldier’s social security number.

Next gather together all information you can about the money matter you need help with. This includes all bills, demand letters, contracts, deeds and bills of sales. This also includes any legal documents, like Reposition demands, notices of evictions, and foreclosures’ notices. Make sure you have all this information organized in such a way you can easily find what information you need while are talking with your lawyer.

It will help to write down a list of your questions and concerns before making your 1st call and have it on top of your paperwork.

Once you have gotten all your information put together, you can make your 1st call.

SIDENOTE: Do not be surprised or appalled if after the intake operator takes your phone number and some information about your issue they tell you someone will be calling you back. This is a legal and governmental office you are dealing with after all. It could be 2 or 3 days before someone call you back but I guarantee someone will call. However if someone is pounding at your door about the debt make sure the intake operator is aware! Someone will call you back a lot sooner.
If someone from that office doesn’t call in that time frame or the collection agent starts getting scary you can call the intake operator again ask them to hurry it along.

More about the S.C.R.A next week. Then there should be a couple more S.C.R.A postings and then I will be moving on to Chapter 7 bankruptcy.

Obama goes to War.

I apologies about being gone for so long but problems do happen. So please Excuse me as I go political this week. It is so cool writing for a blog that lets me go off on these tangents every now and then.
So as Ed, from the Ed Show say ‘Let’s get to work.’ This last Thursday President Obama declared war. He attacked Putin right in the wallet. SMP Bank of Russia/ St. Petersburg-based Bank Rossiyahas has been isolated. His sanctions blocks the bank from doing business with any bank or financial institution that is American owned or operated.
President Obama also blocked a lot of Putin’s rich friends from accessing their assets held in the United States.
You see President Obama went radical. Much to the displeasure of the crazy republican. Instead of risking expendable assets, living soldiers, Obama has placed assets much too valuable at risk. MONEY.
President Obama’s actions has greatly displeased crazy republicans So much so they are now allowing MasterCard and Visa to resume doing business with the SMP Bank.
They are even blocking further sanctions. Trying to make Obama look weak and useless. You know with some of the history, I have learned lately. Like The real reasons for the Iraq war reasons, Regan torpedoes Carter’s efforts to free the hostages then buying their freedom with arms after being elected, Nixon blocking LBJ’s ending of the Vietnam War so he can get elected,
I have got to wonder if there isn’t somebody egging him on trying to create yet another war. You know Uncle Sam buys multi-billions of dollars of weapons during a war that are never used. After all those weapons are much more valuable than living soldiers.
With the treatment our soldiers receive when they get home, and waiting years for their promised benefits. That is if they are not denied because some paper pusher decides one of their forms wasn’t filled out exactly right. If that happens than the poor veteran has to refill out the paperwork and wait an outer four years. Just to let you know there have been bills put forth by Obama and the democrats to speed up the process but once again crazy republicans have blocked those bills. Then comes Food stamps being cut so veterans can’t feed themselves or their children while waiting for their promised benefits. And after 10 to 15 years of being shot at, and or blown up or veteran’s when after discharged are booted out the door and told go be normal. Are told, if you have a problem dealing with the world after 10 years of terror, or your body is so severely damaged you can’t find or maintain a job. Well sorry about that but if you complain you are just useless and weak so don’t bother us with your problems. Oh yeah, that unemployment insurance you’re supposes to get after your discharge, oh well sorry about that.
Making it very clear, at least to me that crazy republican’s believe soldier are the least valuable and most expendable assets.
Is it any wonder 22 or more veterans are taking their own lives every single day?
Next week I will be posting on what Serf-Dom really is. After all that seems to be were the crazy republican’s seem to be bringing back. Then I will be picking up with the S.C.R.A. I will be going deeper into detail.

SCRA or Service members’ Civil Relief Act II

Okay once again, I am not a lawyer I am a paralegal. So this is not legal advice this is legal information only. Also when you talk to a lawyer or a paralegal your problem becomes an ISSUE.
The SRCA not only protects active duty members of the army, air force navy and marines but also reservist, members of the national guard, the air national guard and commissioned officers of public health service, and or national oceanic and atmospheric service.
Here are some of the benefits you’re loved on and or family can get when they talk to a military base legal service and or independent lawyer with military experience about filing a SRCA bankruptcy.
There have been some recent changes SCRA or the Service member’s Civil Relief Act. Such as, if you are renting a house or an apartment and paying $3,139 or less a month the landlord must get a court order before they can evict your wife or husband while you are on active duty. Even if you signed the lease before joining an armed service. This also includes mortgage payments. The only condition is that the soldier or sailor must have actually lived there and still lists it as his/her home address.
While a SCRA is being processed it also can limit interest rates to 6%. On such things as credit cards, mortgages payments or any other loan you have. Even loans you entered into before going on active duty falls under SCRA protection. Also because of the interest rate restriction an SCRA can reduce the monthly payments on these accounts. Including your car payments.
While the SCRA is in effect lenders cannot cancel or change their rules on your loans or credit cards. After a SCRA has been completed lenders cannot use the fact you have used the SRCA as a reason to deny you a credit card or a loan.
Now let’s say someone files a civil suit against you. For example your spouse files for divorce, or your spouse gets bullied into foreclosure proceedings, or a standard bankruptcy. You can still get SCRA protection
Side-Note: Secretary of Defense Panetta in a memo dated February 11, 2013, confirmed that the SCRA protection also extends to and includes same-sex couples as well as traditional couples
Side-Note: On February 2, 2013 President Obama signed a law increasing the SCRA foreclosure protection from 90 days after military discharge to 9 months. Unfortunately this extension ends midnight January 1 2015.
However, part of the law says that before the extension ends President Obama wants to know how many people have used this extension.
Next week, more on the SCRA or the Service members Relief Act.
Most importantly how to get the damn thing started.

SCRA or Service Member’s Relief Act

And so once again, I am a Paralegal I am not a Lawyer. So this is in no way be taken as legal advice. This is legal information only. Also let us not forget when a lawyer or a paralegal becomes your problem becomes an ISSUE.
As I said last week, with the end of the “Unemployment insurance gray train is over.” I think information about Bankruptcies will be very important. There are 3 types of bankruptcy most people will most often need.
As a veteran, I want to talk about is the SCRA or Service Member’s Civil Relief Act bankruptcy 1st. It was created in 1940 with the name of Soldiers and Sailor’s Act. This act can be found at 50 U.S.C. app. §§ 501 et seq.
The right to file for SCRA bankruptcy lasts the entire term of being on active duty plus 90 days. So if things crash or you discover things have crashed while out processing you can still ask for SCRA protection.
The major thing about the SCRA is a soldier or sailor’s wife or husband can start a SRCA for Bankruptcy protection. While a soldier or sailor is out of contact and or busy fighting for our country. Using the SRCA you can get help with debts like, past due credit cards, mortgage payments, back taxes and lease evictions.
It goes back to the promise we make our service personal, ‘If you risk all to protect us, we’ll protect the loved ones you leave behind.’
Okay, if your family’s major money maker is on active duty overseas or stationed someplace like and a creditors wants to file for a default on debt complaint. A creditor must file an affidavit proving that the military debtor is available. That they had made every effort to contact the active duty debtor and s/he has ignored the situation. This must be done before the judgment can be entered. If creditor does get the default judgment, you or your lawyer or legal service can file an affidavit telling the court that yes the military debtor was not available. This will stop things until the military debtor can be contacted. If the creditor challenges your affidavit the trustee can’t decide who is telling the truth h/she can appoint an attorney to protect the military debtor. Also another option the Trustee could make the creditor pay a bond before allowing a default go into collections.
SIDE-NOTE: A Bankruptcy Trustee 9.9 times out of ten is a lawyer employed by the Federal Bankruptcy courts. A Trustee more or less act as the judge in administering the bankruptcy cases making sure everything is done correctly.
SIDE-NOTE: A surety bond is an amount of money equal to the current market value of the property the Trustee is going to allow the creditor to take. The bond will be held by the court until the Trustee is sure no one was cheated.
Next week I am going to repost an article about presidential orders. Then I will move back to bankruptcy. Also I should have my scheduling problems worked out.

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Bankruptcy 101

Once again, I am a Paralegal not an Attorney. So this is not intent ended to be or taken as legal advice. This is legal information only. Also let’s not forget that when a lawyer or a paralegal becomes involved your problem or concern becomes an ISSUE .
Okay after a young pundit on the Cavuto show 1/16/2014 who probably never had to look for a job. Said and I quote said, “The unemployment gravy train is now over.” I think I need to take a step back and go deeper into what crazy republicans feel only bad, lazy no accounts use. That is until they need it.
BANKRUPTCY.
I am sorry, but I have got to wonder were someone who has always had some kind of ‘Daddy’s’ help gets off saying something like that.
First let’s talk a little Bankruptcy History. It was the Torrey Bill of 1898 which later became to be known as The Bankruptcy Act of 1898 which 1st allowed a private citizen to file for bankruptcy help. Not that you could get it just that you can file. It was the Bankruptcy Act of 1938 that opened the door for our current bankruptcy rights. Until than all bankruptcy laws strongly protected and favored corporations and the very wealthy.
Until then your creditor would be allowed to without warning or notification enter your home or small business seize anything they considered to have enough monetary value. They then could market the property and keep whatever they made. A lot of valued heirlooms were sold for pennies and people still went to jail for debt.
Congress had a moment of weakness during the Great Depression. Congress seemed to release that locking up debtors would cost more money than it recovers. Unfortunately too many rich corporate creditors decided that too many debtors using these bankruptcy laws where ‘escaping’ paying than money owed. So claiming they were preventing dead beat Dads from getting out of paying back child support they made a lot of other debts like student loans impossible to discharge under bankruptcy in 1978.
You know, with some of the things I’ve learned on the net, The Rachel Maddow and Ed show. I have got to wonder if some crazy republican is thinking about suggesting Debt slavery.
Debt Slavery to but it simply means you have to work for the corporation that pays off your debt. You will work for that corporation however long it takes that corporation to recoup the money you owe plus the money the corporation spent on you for the food you eat, the cloths the put you in and the cot you sleep on.
As a debt slave your owner gets to say how much you labor is worth. So you could find yourself working 16 plus hour days for 23 cents an hour. Let’s not forget they will be keeping the records so your owner will tell when or if you your debt has been paid off.
Next week, I’ll start getting into 3 major types of bankruptcies. Chapter 7, Chapter 13 and SCRA.

Living Wills II

Here we are yet again. I am a Paralegal not an Attorney. So this is in no way to be taken as legal advice. This is legal information only. Also when a Lawyer or Paralegal becomes involved your problem becomes an ISSUE.

It is possible to write a Living Will on your own. Once again this depends your assets and your dependents. If you have a house or there are children involved, anything you’re even remotely worried about. Or say an overly protective big brother who always seems to believe he knows what is better for you then you do. YOU NEED A LAWYER.

Now to get started there are a series of questions you need to answer before you can build a Living Will.

1st Appointing an Agent: Who are you going to saddle with the responsibility of seeing to your medical needs when you cannot? It is a good idea to have 1 or 2 back up agents’ choices who will take charge when your primary agent is out-of-town.

Just so you know in a well set up Living Will if one of your backup choices do have to take charge because your 1st choice is out of action. Your primary agent can step in and take over if and or when they do become available.

2nd Life Sustaining Treatment: What kind of treatments or measures you want your agent and or your doctors to use. Can they use life support machines, if they can what kind of machines can they use. If your heart stops while you’re in a hospital or having some major kind of treatment should they try or how much effort your medical support should use to get your heart started if it stops. You even have a say if they could do a blood transfusion or not.

3rd Pain and Euthanasia: What kind and how much pain management is okay? If the Doctor says you are in a vegetative state, or your chances of recovery are non-existent can your agent tell the medical support personal to take you off life support and let you go?

4th Organ Donation: Do you want to allow any part of your body to be used? I am talking about Heart, Lung, Eye transplants.

5th Additional Agent Powers: This is In addition to your covering medical needs. What other things do you want your agent to handle? Do you want to have additional agents handling different responsibilities?

With the number of people who have lost and are losing their unemployment benefits because according to crazy republicans, they are just too lazy to go out and get jobs that don’t exist. That people who get unemployment insurance believe that living off $900 a month is so much better than the $5000 a month they had 8 to 9 months ago.

Next week I will start talking about what crazy republicans consider an evil and very bad thing. BANKRUPTCY.

Living Wills

Here we are yet again. I am a paralegal not a lawyer so this is in no way to be taken as legal advice this is meant to be legal information only. Just so you know when a lawyer or a paralegal becomes involved your problem become an Issue.

Next on my list is Living Wills which is also called an advanced medical directive.  You see a Living Will is all about what you want to happen while you are still alive and can’t speak for yourself.  You see a Living Will deals with what happens to your money, your kids, to your house and most importantly how you want to be taken care of while you are mentally out of the game.  Let’s not kid around you are going to be very busy fighting for your life to take care of small things. Like what bills get paid and who is feeding your dog.

Let’s start with you are on life supports, a Living Will lets your loved ones know how your doctors can keep you attached to those god awful machines before they have let you go.  If you have advanced cancer you can limit how much your family can do to keep you alive if you have a heart attack

Or say you find certain medical treatments go against your religious beliefs, with a Living Will, on file you can prevent your doctor or some well-meaning loved one from letting those treatments being done, if you are out of it.

A Living will also get covers who you have assigned a Health Care power of attorney or more importantly a Durable power of attorney too. Power of attorney Covering who you want making medical decisions while you are out of it. Including who you want to take care of your assets and more importantly who is taking care your children.

To repeat myself, the more you have in ASSETS, CHILDREN CONCERNS AND BUSINESS OPERATIONS THE MORE YOU NEED A LAWYER.

SIDE-NOT: If you have underage children and the other parent is unable or to be polite unqualified to take them. I can’t say this loud enough you need to set up an assigned guardianship for you children set up. Otherwise your Kids could be given to the 1st blood relative to claim them or the state will get them. If the state gets them it could cost your blood relative a small fortune to get them back.

SIDE-NOTE; An Asset in the legal world is anything such as a house, car, jewelry, bank accounts or stocks and bonds. Say you have written a book and it sells fairly well. It can be anything as long as it has a money value attached to it.

Just so you know a Living Will must be witnessed by your current primary doctor and if you are fighting a possibly terminal illness it has to be co-signed by the doctor in charge   of helping you fight your illness.

Unfortunately the rules and regulations for validating Living Will can and do differ from state to state.

Durable Power of Attorneys.

Hi there just so you know I am not a Lawyer I am a Paralegal. So this in no way to be considered as legal advice. Let’s not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.

Side-Note:  The person you choose for your Power of Attorney is your agent. That is how they will be referred to in any other legal documents related to your power of attorney.

Okay, let’s talk about the Durable Power of Attorney or P.O.A. The deference between a durable power of attorney and the ones I talked about last week is fairly simple. Once a regular power of attorney has been ended its over you can never use it again. For example you have set up a Health Care Power of Attorney you appoint a special someone to look after you if something bad happens. Then something bad happens and your special someone does step in to look after you and you do get better great happy ending well done…  However, 6 months later you are in an auto accident and if you haven’t created a new health care power of attorney. Sorry, your special friend can’t do a thing for you. You are on your own until blood relative gets there. With a durable power of attorney you can set things up so that your special friend can step in no matter how many times you get hurt or sick. But keep their limit their power to only to when you are sick and or injured.

Now, to cover the 2 types of a durable power of attorney. 1st is the medical durable power of attorney. This person is who y

you want making the medical decisions for you when you can’t.  2nd a fiscal durable power of attorney.  This Solider handles your money and sees to it that your bills get paid while you are out of it.  As I said before a person you give authority too in a power of attorney does not have to be a lawyer. It can be anyone you choose as long as they are of legal age.

Side-Note: Legal age means being old enough to vote, sign a contract and be responsible for you actions.  In all the United States this means being at least 18 years old. Old enough to kill or be killed for your country but not old enough to drink.

Just so you know, you can choose just one person to be both your medical and a financial durable power of attorney agent at the same time. Most often though most people don’t.

The fact is a durable power of attorney is a major portion of a Living Will. I will be getting into what makes up a Living Will next week.