No Reasonable Accommodation Shown

In an action under the Missouri Human Rights Act for employment discrimination based on disability, disability includes whether employment can continue with a reasonable accommodation. An employee with post-traumatic stress syndrome could not be reliable as a peace officer, and statutes require employers to offer another job, but the employee did not identify any opening for a job he could do. Describing duties of what he was capable of did not carry the employee’s burden of proof.

If you have been a victim of employment discrimination 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 Miranda Warning Due Before Admitting to a Few Drinks

Custodial interrogation of a defendant occurs under inherently coercive circumstances, but that does not include routine questioning of restrained appellant. In State of Missouri v. Harvey D. Harris, the appellant was restrained due to paramedics strapping him to a backboard and he admitted to having a few drinks.  A Miranda warning was not required when speaking with Mr. Harris.

If you have been arrested or charged with 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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CFPB Settles with Asset Recovery Associates over Debt Collection Issues

The Consumer Financial Protection Bureau (CFPB) settled with Asset Recovery Associates, Inc. (ARA). ARA, also known as Financial Credit Service, Inc., collects debts from consumers throughout the U.S. CFPB found that ARA violated the Fair Debt Collection Practices Act by threatening to sue or arrest consumers, even though it did not intend to do so. ARA also falsely represented to consumers that company employees were attorneys, threatened to garnish consumers’ wages or place liens on their homes, even though it did not intend to do so, and represented that consumers’ credit reports would be negatively affected if they did not pay, even though ARA does not report consumer debts. The CFPB also stated that ARA also violated the Consumer Financial Protection Act of 2010. ARA will pay at least $36,000 in restitution to affected consumers and a $200,000 civil penalty to the CFPB. ARA is also prohibited from continuing to engage in this conduct and it is required to record calls with consumers to help ensure collectors do not make false statements in the future.

If you have been a victim of a scam or unlawful debt collection practices 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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Mandatory Change of Judge Transferred

A Missouri circuit court scheduled a bond hearing and denied a timely filed motion for change of judge, citing time constraints. The Missouri change of judge rule is mandatory, and the Missouri Court of Appeals would make permanent its writ of prohibition barring circuit courts from any other action other than granting the motion, but instead transferred the case to the Missouri Supreme Court.

If you have been sued and need legal assistance, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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Forever 21 Plans to Shutter at Least 100 Stores in Bankruptcy

As part of a restructuring plan, Forever 21 is preparing to close 100 stores.  The company is currently working on obtaining a financial package that would provide around $75 million for its restructuring. In exchange for an interest in the retailer, company representatives and mall owners have discussed lowering Forever 21’s rent.

If you own a business that is in financial 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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U.S. Consumer Debt Surges on Jump in Credit-Card Balances

In July 2019, U.S. consumer borrowing hit the highest increase since late 2017. Total credit rose by $23.3 billion from the prior month. Revolving debt increased by $10 billion, the highest since November 2017. The growth of non-revolving debt, which includes loans for school and cars, advanced $13.3 billion after rising $14 billion.

If you are in debt 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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Education Department Rejected 99 Percent of Applications for Student Loan Forgiveness Program

In 2018, Congress funded the Temporary Expanded Public Service Loan Forgiveness Plan to help students having trouble qualifying for loan forgiveness. The U.S. Department of Education accepted one percent (1%) of the applicants in the first year of the program.

If you are in debt 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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Demystifying the Business Loan Approval Process

The following 18 red flags will help to maximize chances at receiving a denial of a business loan applications:

  1. No Budget
  2. Minimal Understanding of Your Numbers
  3. Poor Credit Score or Credit References
  4. Interest Rate is Your Primary Concern
  5. Excessive Dependencies
  6. Instability, High Variability
  7. Poor Communication
  8. Turnover Ratios Lengthening
  9. No Skin in the Game
  10. Responding Piecemeal to Financial Requests
  11. Growth and Expansion That is Too Fast
  12. Overall Cash Flow
  13. No Management Team
  14. Overly Complicated Ownership Structure
  15. Tax Income is Different than Book Income
  16. Slow to Provide Timely Financial Information
  17. Fighting or Unrest Between Management, Partners, or Family Members
  18. No Estate Plan

Although basic financial criteria must be met, overall impression, work style, and the ability for the bank and business owner to develop a trust-based relationship matter.

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

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President Signed into Law Four Bi-partisan, Bi-cameral Bills

On August 23, 2019, the President signed into law four bipartisan, bicameral bills passed by Congress: the “Family Farmer Relief Act of 2019;” the “Honoring American Veterans in Extreme Need Act of 2019:” the “National Guard and Reservists Debt Relief Extension Act of 2019;” and the “Small Business Reorganization Act of 2019.” The “Family Farmer Relief Act of 2019” increases the debt limit used to determine whether a family farmer is eligible for relief under Chapter 12 of the Bankruptcy Code. The “Honoring American Veterans in Extreme Need Act of 2019” excludes certain benefits paid by the Department of Veterans Affairs and Department of Defense from the calculation of monthly income for the purposes of the Bankruptcy Code’s means test. The “National Guard and Reservists Debt Relief Extension Act of 2019” extends for four years, through December 18, 2023, the exemption from certain bankruptcy means-testing for members of the National Guard and reservists of the Armed Forces. The “Small Business Reorganization Act of 2019” establishes a sub chapter, within chapter 11, under which small business debtors can reorganize using more simplified and expedited procedures.

If you are thinking of 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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Former Chicago Real Estate Exec Convicted of Lying About Assets in Bankruptcy Filing

Brett Immel, a former Chicago real estate executive, was convicted on August 26, 2019, by a federal jury, of fraudulently concealing income and bank accounts in his 2009 bankruptcy petition. Immel faces up to five years in federal prison for hiding assets. Immel and his wife sought to discharge more than $6 million in October 2009. In his financial disclosures, Immel failed to disclose two bank accounts that he was depositing thousands of dollars a month into. He used these two accounts to pay off his home mortgage, make lease payments on a luxury car, purchase furniture, shop at high-end clothing stores, pay for child and pet expenses, and buy groceries.

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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