Chapter 13 Bankruptcy Trustee Cannot Compel Turnover of Funds Garnished Pre-Petition

Unlike chapter 7, a chapter 13 trustee does not have the power to control debtor’s assets until plan is confirmed. Then, the trustee is still only able to do so as provided in the terms of the confirmed plan. Until then, the chapter 13 debtor may remain in control of all property of the estate.

Have questions about bankruptcy? Contact our office at (816) 524-4949 or visit our website at hoorfarlaw.com and make an appointment to discuss if that is your best option.

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Missouri Follows the Massachusetts Rule Regarding Snow/Ice Removal by Property Owner

Colleen O’Donnell fell at the River City Casino as a result of accumulating ice from a winter storm. When she filed personal injury claims, the trial court favored the casino. Ultimately, the Missouri Court of Appeals-Eastern District affirmed the trial courts judgment, citing the Massachusetts Rule. Premise liability principles generally govern slip and fall claims in similar situations. However, under the Massachusetts Rule, a property owner does not have a duty to remove freezing rain, sleet, or snow as it is falling on an open-air parking lot. In order for a property owner to be held liable, they would have had to willfully attempted to alter the snow and ice conditions. Since River City Casino warned customers of the ice and did not plow, shovel spread salt, etc. on the property, they can not be held liable.

O’Donnell v. PNK (River City)

If you or a loved one has been hurt in an accident call our office at 816-524-4949 or visit our website at hoorfarlaw.com.

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Order of Protection Was Not Supported by Sufficient Evidence of Stalking

L.M.M. filed a petition against J.L.G., the sister of L.M.M.’s boyfriend. L.M.M. accused J.L.G. of coercing, stalking, and harassing her. In addition to J.L.G. texting L.L.M up to seventy-five times a day, J.L.G. would call her employer making false accusations against her. The Missouri Adult Abuse Act allows an adult to seek an order of protection. However, the petitioner must present sufficient evidence that they fear physical harm. In this case, L.M.M. claimed that she would be harmed if the harassment were to continue, and she lost her job. Ultimately, the Missouri Court of Appeals-Eastern District declared that L.M.M. should not have been granted an order of protection since a reasonable person would not fear physical harm in the given circumstance.

L.M.M. v. J.L.G.

If you would like to speak with an attorney, give us a call at (816) 524-4949 or visit our website.

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Toys ‘R’ Us Plans to Open Shops Inside More Than 400 Macy’s Locations in 2022

The company is aiming increase its physical retail locations to rebuild its brick-and-mortar presence since the company filed bankruptcy in 2017. Macy’s is looking to expand their toy business in hopes that customers coming in to buy toys will buy other things as well. Customers will be able to order Toys ‘R’ Us products through Macy’s digital and fulfillment system.

Thinking about filing bankruptcy? Contact our office at (816) 524-4949 or visit our website at hoorfarlaw.com and make an appointment to discuss if that is your best option.

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U.S. Court of Appeals Upholds Decision that Debt Collection Agency Violated Law with Phone Calls

Elizabeth Lupia of Colorado Springs has won a case against a medical debt collection company. The Court ruled that this collection company, Medicredit, Inc. had violated consumer protection law because collection calls continued after she had specifically asked to stop receiving them. In Lupia’s case, the debt was also under dispute, and in cases like this, the law requires collection agencies to stop attempting to collect on debt until the issue has been settled. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices and helps them to maintain their right to privacy. This decision means that consumers have more space fight back against such intrusions.

If you have been a victim of unlawful debt collection practices or if you are interested in debt settlement and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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Our Office Adds Bookkeeping to Our List of Services

The Law Office of Camron Hoorfar now offers full bookkeeping services for our clients.

Our professional bookkeeper has over 20 years of bookkeeping experience using the
latest versions of Intuit accounting software:

  • QuickBooks Online (QBO)
  • QuickBooks Pro Desktop
  • QuickBooks Enterprise Remote Desktop (RDS)

Serving most business types, we can provide our clients with the following services:

  • Chart of Accounts Setup
  • Financial Statements
  • Monthly Reconciliations
  • Audit Trail Analysis
  • Forensic Reconstructions
  • Accounts Payable Tracking
  • Accounts Receivable Tracking
  • Purchase Order/Invoice/Receipt – 3 Way Match
  • Inventory Management
  • Depreciation & Amortization
  • Payroll Tracking
  • General Journal Entries

We know you work hard for your business. Let us take care of the details, so you can get back to focusing on the big picture. Call us at (816) 524-4949 or visit our website.

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Retirement and Taxes: The Basics of IRAs

Individual Retirement Arrangements (IRAs) provide tax incentives for people to make investments that can provide financial security for their retirement. These can be set up with a bank, life insurance company, mutual fund, or stockbroker.

What you should know:

Contribution: The money put into an IRA. There are annual limits to these contributions that depend on age and type of IRA. Generally, a taxpayer or their spouse must have earned income to contribute to an IRA.

Distribution: The amount withdrawn from an IRA.

Withdraws: Taxpayers may face a 10% penalty and tax bill if they withdraw money before age 59 ½ unless they qualify for an exception.

Required distribution: There are requirements for withdrawing from an IRA:

  • Someone must start taking withdrawals from their IRA when they reach age 70 ½.
  • If a person’s 70th birthday is on or after July 1, 2019, they do not have to take withdrawals until age 72.
  • Special distribution rates apply for IRA beneficiaries.

Traditional IRA. An IRA where contributions may be tax-deductible. Generally, the amounts in a traditional IRA are not taxed until they are withdrawn.  

Roth IRA. This type of IRA that is subject to the same rules as a traditional IRA but with certain exceptions:

  • A taxpayer cannot deduct contributions to a Roth IRA.
  • Qualified distributions are tax-free.
  • Roth IRAs do not require withdrawals until after the death of the owner.  

Savings Incentive Match Plan for Employees. This is commonly known as a SIMPLE IRA. Employees and employers may contribute to traditional IRAs set up for employees. It may work well as a start-up retirement savings plan for small employers.  

Simplified Employee Pension. This is known as a SEP-IRA. An employer can make contributions toward their own retirement and their employees’ retirement. The employee owns and controls a SEP.  

Rollover IRA. This is when the IRA owner receives a payment from their retirement plan and deposits it into a different IRA within 60 days.

Courtesy of IRS

If you need help with taxes, please reach out to our office by phone at (816) 524-4949 or our website at Hoorfarlaw.com.

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Bankruptcy Subchapter V Debtor Eligibility

Bankruptcy Code requires that a Subchapter V debtor be “currently engaged in commercial or business activities at the time of filing in order to be eligible as small business debtor.” In this case, the debtor filed for bankruptcy without intentions to resume business operations in the same manner as before. Therefore, the U.S. Trustee claims that means the debtor was no longer “currently engaged” in their business activities. However, the Court ultimately decided that the term “engaged” is vague. In Bankruptcy law, in the case that a word is not specifically defined in the Code, it “must be construed liberally in favor of the debtor and strictly against the creditor.” The Court ultimately found the debtor to be eligible to proceed under Subchapter V of Chapter 11.

Bankruptcy Case Number: 20-27480

If you’re considering bankruptcy, give us a call at (816) 524-4949 or visit our website at Hoorfarlaw.com.

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Pandemic Start-Up Boom Doesn’t Show Signs of Stopping

The pandemic seems to have boosted entrepreneurial activity so much that Americans filed paperwork to start 4.3 million businesses last year. This number is up 24 percent from the year before and by far the most since the government started keeping track a decade and a half ago. In fact, prior to the pandemic, the nation had been facing a steady decline in entrepreneurship. The reopening of the nation’s economy doesn’t seem to be slowing this growth either; in fact, applications are expected to be even higher this year. The biggest gains have been seen in those industries that were hit hard by the pandemic, like food service and retail, but other industries, like construction and finance, are also seeing increases.

If you are a business owner that would like some tax guidance, contact our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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Education Department to Forgive $1.1 Billion for ITT Students

The Education Department has said that it will forgive the federal loans of students who attended ITT Technical Institute but left after March 2008 without completing a degree. This forgiveness will apply to 115,000 borrowers amounting to more than $1 billion in debt.  ITT, a for-profit chain accused of fraudulently luring in students with inflated claims about the earnings and career prospects of its graduates, went bankrupt in 2016. This means the cost of eliminating this debt will largely fall on taxpayers.

Loan forgiveness for ITT students has already been offered in the past, but this announcement means that many more borrowers will now be eligible. March 2008 was chosen as the cut off for eligibility because that is the period that the Education Department determined ITT’s executives schemed to disguise the company’s true financial condition, which drove up costs for students while reducing the quality of the education that they received.

Struggling financially? Considering bankruptcy? We can help. Give us a call at (816) 524-4949 or visit our website to book a free consultation.

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