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 plan was denied because it does not contribute all projected disposable income as required under 11 U.S.C. Section 1325(b)(1)(B).

If you are thinking about filing for bankruptcy 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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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 distress, and that victim’s reaction is reasonable.

If you are a victim of a crime 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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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 to utilize the asset for an uninterrupted set period of time. The transaction can be for any asset, but, historically, real estate has been the best candidate for SLBs. A SLB provides the owner of a business with a long-term net lease to operate under and a way to monetize the underlying real estate matter. The SLB also provides the business owner with access to additional capital outside of the traditional financing options.

If you would like to speak to an attorney about a real estate matter, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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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 post-judgment motion for lack of jurisdiction. The Court of Appeals lacks jurisdiction to hear an appeal from the circuit court’s ruling because the circuit court lacked jurisdiction.

If you are dealing with a family matter 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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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 to the action.

If you would like to speak to an attorney regarding a civil matter, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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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 error in allowing a waiver because a defendant never objects to their own waiver of counsel.

If you have been arrested 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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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, signaling his agreement. The signature of the defendant’s representative showed defendant’s acceptance of the arbitration agreement’s provisions. If a dispute is subject to arbitration, but the plaintiff files an action in circuit court, the action is not dismissed, the remedy is a stay of the action pending arbitration. Cost awarding statutes do not apply to a stayed action because there is no prevailing party.

If you would like to speak to an attorney about alternative dispute resolution or being sued, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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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 Act (EFTA). The CFPB found that Maxitransfers violated the Consumer Financial Protection Act of 2010 by stating to consumers that it would not be responsible for the errors made by its third-party payment agents. The Remittance Transfer Rule places the responsibility of the acts of the agent when the agent acts for the provider on Maxitransfers. The CFPB also found that Maxitransfers violated the Remittance Transfer Rule and EFTA by using inaccurate language in disclosures and failing to maintain required policies to comply with error resolution procedures.

If you have been a victim of a scam 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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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 the year. GameStop blames online shopping and digital sales for most of its sales hardship in recent quarters.

If you have a business in trouble 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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LendingTree Subsidiary Will Liquidate in Chapter 7

Home Loan Center Inc., a mortgage-lending subsidiary of Lending Tree Inc., has converted its bankruptcy case from a chapter 11 to a chapter 7. Residential Capital LLC’s liquidating trust and Lehman Brothers Holdings Inc., which hold most of the claims against Home Loan Center, requested that the judge convert the bankruptcy from chapter 11 to chapter 7. Residential Capital argued Home Loan Center does not belong in chapter 11 because the company sold its operating assets to Discover Financial Services Inc. in 2012 for $55.9 million.

If you are thinking about filing for bankruptcy 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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