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Monthly Archives: November 2019
Adoption Assistance Payments Excluded from Current Monthly Income in Bankruptcy
A debtors’ Adoption Assistance payments were considered “benefits received under the Social Security Act” and were excluded from the calculation of their current monthly income. The bankrupt debtors had proposed a 21 percent (21%) plan and the trustee objected because … Continue reading
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Bankruptcy Court Disallows $900 per Month Medical Marijuana Deduction on Means Test
Whether for medical or recreational purposes, marijuana use is still illegal under federal law. The deduction of a medical marijuana expense cannot be allowed as an ongoing medical expense or as a deduction for special circumstances. A bankruptcy debtors’ proposed … Continue reading
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Harassment Shown for a Protection Order
Missouri law provide that a full order of protection may be issued on proof of domestic violence, which includes abuse and harassment. Harassment includes a course of conduct that serves no purpose, but causes the victim to experience substantial emotional … Continue reading
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Sale Leasebacks for Business Owners and Corporations
A sale leaseback (SLB) is a financial transaction where an asset owner sells that asset on the open market. The asset is then leased back from the buyer under a long-term net lease, allowing the seller of the asset to … Continue reading
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No Remedy for Non-Party
An appellant, who was not a party to an action resulting in a judgment of adoption, lacks standing to appeal the judgment or file a motion of relief from the judgment. The circuit court did not err in striking appellant’s … Continue reading
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No Sanction After Voluntary Dismissal
Any circuit court order issued after voluntary dismissal is null because voluntary dismissal negates an action as if it was never started and ends circuit court authority immediately. This extends to ancillary matters such as control over party behavior related … Continue reading
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No Writing Needed for Implied Waiver of Counsel
Statute that requires a writing for waiver of counsel does not apply to an implied waiver of counsel, such as when a defendant refused to retain counsel and to expressly waive counsel. A defendant’s objection is not necessary to preserve … Continue reading
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Arbitration Agreement Upheld, Arbitration Compelled
In Hal Miller v. Securitas Security Services USA, Inc., et el, silence is not assent to a contract, which continued employment does not alone show acceptance of an arbitration agreement for employment disputes, but plaintiff also signed an arbitration agreement, … Continue reading
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CFPB Settles with Maxitransfers Corp.
The Consumer Financial Protection Bureau (CFPB) settled with Maxitransfers Corp., a company that serves customers looking to send money overseas. This is CFPB’s first enforcement action with a violation of the Remittance Transfer Rule, which implements the Electronic Fund Transfer … Continue reading
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GameStop Planning to Close 200 Stores
GameStop is planning to close between 180 and 200 stores before the end of the fiscal year, with more on the verge of closure. The company recently posted discouraging second quarter earnings and greatly reduced its same-stores sales forecast for … Continue reading
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