From GG: Great case on discharge of student loans in BK–court discharges all interest

Accrued Interest on Student Loan Discharged as Undue Hardship

Posted by NCBRC – May 3, 2019

A Kansas bankruptcy court did not err in granting the debtor a discharge of the accrued interest on her student loans where she met the Tenth Circuit’s flexible version of the Brunner test, and the court has equitable power to grant less than a complete discharge. ECMC v. Metz, No. 18-1281 (May 2, 2019).

The debtor, age 59, was never in default on her student loans. Though she was continuously employed over the repayment period, the amount she owed grew over time from the original loan amount of $16,613.73, to $67,277.88. Beginning in 2001, she filed three chapter 13 bankruptcies and made all payments under her plans, receiving a discharge in the first two. In the third and current bankruptcy the debtor sought to discharge her consolidated student loan. The bankruptcy court…

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From FB: Mentally ill woman gives birth alone in isolated jail cell despite cries for help

Stuff you cannot just make up.

Now the inmate is said to be mentally ill, but she managed a delivery alone and she and baby survived. Seems to me the jail staff are the mentally ill ones. No concept of reality for sure there.

A jailed and pregnant mentally ill woman was forced to deliver her child alone in an “isolation cell” last month as corrections officers ignored her cries for help, Broward County’s public defender charged on Friday.

In a letter to Broward Sheriff Gregory Tony, Public Defender Howard Finkelstein wrote that North Broward Bureau jail inmate Tammy Jackson began complaining to staffers of contractions at 3:16 a.m. on April 10. By 10 a.m., he said she was lying in her cell by herself holding her newborn daughter.

“She was forced to deliver her baby alone,” Finkelstein wrote in a two-page letter that also demanded a review of detention policies.

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From FB: Stunning Ill. Appellate court decision kicks out thousands of pro se executors from Illinois court rooms–and may invalidate hundreds of estates now pending

In re Carol Matteson

Two years ago Carol Matteson died intestate leaving a couple of trailers worth $40k each and numerous small bank accounts and a pension fund.  Her son Danny Houlihan went to open his mother’s estate because his sister had gained control over the trailers and emptied out the bank accounts–for herself.

Son Danny is elderly, indigent and disabled.  He could not find or afford an attorney to handle his mother’s estate.  So he filed to open up an estate before Judge Malone who told him to get an attorney several times, but no attorney would touch the estate because it was under a $100k and the legal fees to recover small amounts of money stolen would exceed the amounts recovered.

Only Justice Hyman showed any real sense in all of this and wrote a stinging dissent that closing the door to the courthouse for perhaps several thousand…

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From FB: 9th circuit revives court case where 3 little girls removed from mother for pictures taken in bathtub without warrant.

This is exactly why children should not be removed without a court order or warrant.

9th Circuit Revives Suit by Couple Whose Children Were Seized Over Bathtime Photos

9th Circuit Revives Suit by Couple Whose Children Were Seized Over Bathtime Photos

A social worker took three little girls from their home without a court order because she thought the pictures were “sexually explicit.”


Brandon K. / Yelp

Yesterday a federal appeals court revivedan Arizona couple’s lawsuit against two social workers who removed their three daughters from their custody for a month based on innocuous bathtime photos that were deemed “sexually explicit.” The decision by the U.S. Court of Appeals for the 9th Circuit, which rejected a federal judge’s conclusion that the social workers were protected from liability by “qualified immunity,” should strike fear into the hearts of overzealous functionaries who kidnap children under…

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from KKD; 54 nursing home death due to neglect and abuse never investigated and no one fined or charged

Naples Daily News – The Florida Senate on Thursday unanimously passed a bill that would allow teams of experts to review deaths of the elderly when abuse or neglect is suspected, and to propose policy changes to prevent future deaths.

Senate Bill 452 passed with no debate. The bill, sponsored by Sen. Audrey Gibson, D-Jacksonville, did not receive any serious pushback in any of its previous committee stops this legislative session.

The elder death review teams “will be looking for any gaps in services or deficiencies that they want the Legislature and the governor to know about,” Gibson said while introducing the proposal on the Senate floor.

A companion bill in the House sponsored by Rep. Barbara Watson, D-Miami Gardens, passed its first committee hearing last month, but has since stalled. The session is scheduled to end next week.

Elder advocates say establishing elder death review teams in Florida could…

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from KKD: Man Who Bribed Son Into Penn Guilty in $1.3 Billion Health Fraud

A Florida man was convicted Friday of running an 18-year, $1.3 billion health-care fraud that prosecutors called the largest such scheme ever charged by the Justice Department.

Philip Esformes, a 50-year-old Miami Beach resident, used a network of nursing homes and assisted-living facilities in South Florida to defraud U.S. government health-care programs while providing inadequate and unnecessary care to patients, prosecutors said.

Esformes made off with at least $37 million for himself from 1998 to 2016, according to prosecutors, using the money to finance a lavish lifestyle of fancy cars and a $360,000 watch. Esformes also used some of the proceeds from the fraud to bribe the University of Pennsylvania basketball coach to help get his son into the school, prosecutors said. The coach pleaded guiltyto money laundering last year in connection with the case.

An attorney for Esformes didn’t immediately respond to requests for comment.

Read more:…

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