If you have a special needs child who receives Medicaid, now is a good time to reassess your long-term plans. CNBC recently reported that about 11.2 million children in the U.S. have special needs — and of those – nearly 5 million rely on coverage from Medicaid and its Children’s Health Insurance Program. Read more: Long Term Disability Attorneys, New Jersey  “Now, funding to those programs is imperiled as the House and Senate debate their health-care bills,” the CNBC article reads. “The House proposal, the American Health Care Act, would reduce Medicaid spending by $834 billion from 2017 to 2026, according to the Congressional Budget Office.” Under a Senate bill called the Better Care Reconciliation Act, federal spending on Medicaid is expected to decrease by $772 billion from 2017 to 2026. Medicaid doesn’t just cover doctor’s visits and lab work. The benefits also include physical, occupational and speech therapy, nurses for people with chronic conditions, and in-home care. “More than likely, parents of children with special needs may come to the conclusion that they can’t rely on benefits, and they will have to be proactive,” Russell J. Fishkind, an estate planning attorney and partner at Saul Ewing in Princeton, New Jersey is quoted as saying in the article. “If you have a special needs child, now might be the time to reassess your long-term plan and secure additional funding in the event the Medicaid income you needed is no longer there.” Many people who have children with special needs are dependent on Medicaid and Supplemental Security Income, but they are required to qualify for the benefits. “Individuals with more than $2,000 in assets and couples with more than $3,000 won’t qualify for the SSI program,” the article reads. “This year, the monthly maximum for SSI benefits is $735 for an eligible individual and $1,103 for a couple. In most states, a child eligible for SSI can also obtain Medicaid to cover medical services and special health care needs.” In order to maximize available resources, family members can set up a third-party special needs trust and fund it with assets not owned by the child, such as life insurance policies. By doing this, the child will still be eligible for SSI and Medicaid benefits and upon his or her death; those assets in the trust can go to other family members or to charity. “A benefit of the third-party special needs trust — which is also known as a supplemental needs trust — is that assets that remain after the demise of the disabled individual do not have to be paid back to Medicaid,” the article reads. “This is because the assets never belonged to the beneficiary in the first place.” The post Now’s a good time to reassess your child’s long-term care plan appeared first on .

  An attorney who volunteered to prepare an order for a state court judge was not entitled to quasi-judicial immunity from sanctions for violation of the automatic stay.  This issue arose in Burton v. Infinity Capital Mgmt., No. 12-15618, 2017 WL 2960021 (9th Cir. July 10, 2017).   A detailed summary of the facts is helpful in understanding the decision.   Here Burton was involved in a bicycle accident prepetition, and incurred over $270,000 in medical expenses and loans.  He retained attorney Koch to represent him regarding the injuries, who settled the matter for $185,000.  Koch granted certain creditors, including Valley Hospital, liens on the personal injury claim.  Valley Hospital sold the claim to Infinity.  Koch initially put the funds in his trust account and, after paying his fee, retaining a bankruptcy attorney, and after his personal injury exemption, had $104,000 of the settlement left in his trust account.  Infinity filed an interpleader lawsuit in state court against the lienholders to determine the relative rights of the lienholders in the fund.  Neither the debtor nor attorney Koch was a named party to such suit.  Judge Israel was assigned the interpleader case.  A bankruptcy was filed prior to any hearings in the state court.  At an initial status conference in the state court case Koch appeared along with Attorney Gugino representing Infinity.  Upon inquiry by Judge Israel why Koch had not interpled the funds, Koch advised that the debtor had filed bankruptcy and that the funds would be deposited with the bankruptcy clerk.  Gugino expressed concern at the hearing with the case moving forward despite the bankruptcy.  Judge Israel set another status conference two months out.     Three days prior to such continued hearing, Gugino sent a letter to the parties noting the minutes of the prior hearing and confirming that Koch had deposited the settlement funds with the bankruptcy trustee.  Koch did not appear at the continued hearing.  Judge Israel stated that he had ordered Koch to deposit the funds in the state court, and that he would issue an order to show cause against Koch to explain why he did not deposit the funds in the state court.  Gugino filed to object to such order in light of the bankruptcy.  In response to the Court's inquiry, Gugino offered to prepare the order.  This was submitted to the parties with a cover letter the same day.  Koch responded by indicating that Gugino was violating the automatic stay of 11 U.S.C. 362. The next day Koch sent a fax threatening sanctions against the Infinity, Gugino, and the Judge if any action was taken in the Infinity litigation, and noting that the litigation constituted an attempt to proceed against property of the bankruptcy estate in violation of the automatic stay.  The order was not filed, instead the Court faxed a minute order (an oral court order as recorded in the minutes of the court reporter) and ordered Koch to appear to explain why the bankruptcy affects the proceedings since the debtor was not a party to the interpleader action, and why Koch should not interplead the proceeds into the state court immediately.  The next day Koch sent Gugino a memorandum of jurisdiction and asked why he did not seek the funds from the bankruptcy trustee instead of pursuing the state court action.  After receiving no response for 30 days, he filed a complaint in federal court alleging violation of the automatic stay.    The federal district court dismissed the action as to Judge Israel, finding that he was entitled to absolute judicial immunity.  Gugino asserted he was entitled to quasi-judicial immunity as they were taken under the direction of Judge Israel.  The court denied this request, noting Gugino volunteered to prepare the order, and that he violated his affirmative duty to inform Judge Israel that as to the conflict between the proposed order and the automatic stay.    The matter then was heard by the 9th Circuit Court of Appeals on an interlocutory basis.  The 9th Circuit first noted the broad scope of the automatic stay, and that actions taken in violation of the stay are void.  It then went on to discuss judicial immunity.  Absolute immunity insulates judges from charges of erroneous acts or irregular actions, and extends to nonjudicial officers for all claims relating to the exercise of judicial functions.  It is only when the judgment of an official other than a judge involves the exercise of discretionary judgment that judicial immunity may be extended to that nonjudicial officer.    Quasi-judicial immunity has been extended to bankruptcy trustees and US Trustees because they were exercising judgments while performing acts closely related to the judicial process.  It has also been extended to attorneys performing the duties of a prosecutor when they take action that only a legal representative of the government could take.      However, the Supreme Court has not extended the immunity beyond the prosecutorial function. Even court-appointed defense attorneys do not enjoy immunity because, despite being “officers” of the court, attorneys are not in the same category as marshals, bailiffs, court clerks or judges.  Such attorneys owe their duty to their client rather than to the public.    The functional approach, looking beyond Gugino's identity as an attorney and focusing on the function he performed further supports denying immunity.  Since the order was never drafted or formalized, it is improper to focus on his volunteering to draft such order.   Any actions that he took independently of drafting the order to attempt to collect the debt were not adjudicatory acts “involving the exercise of discretion in resolving disputes.  In short, quasi-judicial immunity does not extend to acts of private advocacy or attempted debt collection because such acts are distinct from the judicial function.  Michael Barnett.  www.tampabankruptcy.com

A new documentary recently released follows the lives of coal miners after they are laid off from their jobs, leaving them without insurance or a pension. “We knew it was coming, we just didn’t know how hard it was gonna be. We’re losin’ everything,” Regina Lilly, wife of a West Virginia coal miner who was laid off after their child was born, said in a new National Geographic documentary about coal mining,” an article by the Business Insider reads. Read more: Bankruptcy Attorneys, Pennsylvania The documentary is called “From the Ashes,” and it explores the past, present, and future of coal mining. The documentary is currently on YouTube.  When mining companies move to new locations with cheaper coal, local residents have said they believe that the coal companies have “failed” them. “In one example portrayed in the documentary, Alpha Natural Resources sent letters to 100 workers about upcoming layoffs. These ‘WARN notices’ are generally sent to workers two months before a round of layoffs, giving them time to find new jobs,” the article reads. “However, some coal workers still face unexpected layoffs …” A wife of one of the workers said it’s heartbreaking for a community and the workers because not only have they lost their livelihood, they’ve also lost their worker’s pension, retirement plans, their savings – any finances they had in the company – but the company just then files for bankruptcy and so long as they get money in their pockets, they don’t care about the workers who have lost everything. “In the documentary, Mary Anne Hitt, director of Sierra Club’s Beyond Coal campaign and a West Virginia resident, described the aftermath of a mine layoff as a ‘life and death struggle’ for local communities. She described the scene as one she’s seen time and again, where coal companies ‘want to shed their obligations to workers, that includes pensions and healthcare commitments,’” the article reads. Hitt goes on to say that not just one worker loses their livelihood when coal mining jobs go, but entire communities do, which makes it harder to bounce back from. She said that it’s happening across the U.S. on an unprecedented scale.  The post New documentary explores the collapse of coal mining appeared first on .

One person is in custody and authorities are searching for two other suspects in connection to a burglary and assault case that occurred on Saturday in Perry Township. According to an article by New Castle News, 38-year-old Brandy Mae Rumbold of Elwood City was arrested in Cadiz, Ohio, where police managed to track the trio on Sunday. Police are still looking for Tyler Michael Cory Amos, 25, of Cochranton. Officers did not identify the third suspect. Rad more: Robbery and theft Attorneys, Perry Township, PA “According criminal complaints filed in the office of District Judge Jerry Cartwright Jr., Rumbold and Amos face 36 charges including attempted criminal homicide, three counts of aggravated assault, four counts of kidnapping, burglary, eight counts of robbery, two counts of conspiracy to commit robbery, two counts of theft, recklessly burning or exploding property valued at more than $5,000, two counts of criminal mischief, two counts of terroristic threats, two counts of unlawful restraint resulting in serious bodily injury, six counts of simple assault, accommodation, person of interest, making repairs, selling offensive weapons and criminal trespass,” the article reads. “Amos is additionally charged with driving while operating privileges are suspended or revoked” Rumbold was taken into custody, but according to police she is not being held locally at this time. Authorities continue to search a wooded area in Harrison County, Ohio for two men who they believe were with Rumbold during the crime. Saturday, the owner of Cable Hardwoods, which is located on Portersville Road, arrived to work about 8:20 a.m. When he got there, he reportedly found the three burglars inside. “The 60-year-old owner, checking his buildings after seeing an open door on one of his sheds, encountered three armed individuals. He told police one of the three fired a shotgun at him to prevent him from fleeing,” the article reads. “He was then forced into his office at gunpoint, and was robbed, kicked and beaten about the head, face and body with a baseball bat, gun, fist, feet and hands. According to the police report, the victim said during the struggle another round was fired at him but the weapon misfired.” During the altercation an 84-year-old family member also arrived at the business to feed some cats. He was also reportedly robbed and then beaten by the three suspects. “The three eventually fled in the business owner’s vehicle, an orange 2004 Toyota Scion, police said. The owner told police he was able to crawl through the woods to reach a neighboring home where he called 911,” the article reads. “According to the police report, he was flown by helicopter to Allegheny General Hospital in Pittsburgh with serious injuries. He has since been released. The 84-year-old was taken to Ellwood City Hospital.” The suspects also reportedly set fire to the owner’s vehicle before taking off in Rumbold’s vehicle. Police say they eventually abandoned Rumbold’s vehicle and stole another one in North Sewickley Township and burglarized a home in Cranberry Township. There the trio allegedly stole yet another vehicle, as well as some guns. “Police were able to track the threesome to Cadiz, where they took Rumbold into custody. The police report said officers also recovered stolen firearms and miscellaneous items,” the article reads. Police have told the media that they believe the three suspects have been involved in other incidents in the area including motor vehicle thefts and burglaries. The post One person in custody, two others sought in burglary, assault case appeared first on .

A free community workshop is scheduled for July 13 at Penns Creek Adult Resources Center in Pennsylvania for people who are new to Medicare. The seminar is entitled “Get Ready for Medicare: The Basics for People Who Are Joining”, and is a free community workshop. The Penns Creek Adult Resource Center is located at 3551 Richard Road, Penns Creek and the workshop is scheduled to begin at 10 a.m. The event is sponsored by APPRISE, a program of the Pennsylvania Department of Aging. Read more: Social Security Lawyers, Allentown, PA “This workshop is specifically designed to assist people who will be enrolling in Medicare, either because they will turn 65 years old or because they receive Social Security disability benefits,” an article by The Daily Item reads. “The workshop is also appropriate for spouses and caregivers.” According to the author of the article, about 100,000 people from Pennsylvania enroll in Medicare each year. Those who do enroll often struggle to make informed decisions about their coverage due to a lack of education on the topic. “The Medicare enrollment process is complex and there are key decisions that must be made according to strict deadlines,” the article reads. “There are also programs available that can help Medicare enrollees save money. Beneficiaries are encouraged to take advantage of this opportunity to get information from highly trained people who will offer unbiased advice.” Those who are interested in attending the workshop can register by calling 570-524-2100 or 570-374-5558. The Union-Snyder Agency on Aging is a local affiliate of APPRISE, a program of the Pennsylvania Department of Aging, the designated State Health Insurance Program (SHIP) in Pennsylvania. “SHI Ps receive grant funding from the Centers for Medicare and Medicaid Services to provide direct, local assistance to Medicare beneficiaries through one-on-one, counseling sessions (both in-person and over the phone), presentations, and public education programs,” the article reads. APPRISE is a free health insurance counseling program that is designed to help Pennsylvanians with Medicare. For more information on the workshop and on Medicare, visit the Union-Snyder Agency on Aging website at www.usaaa17.org. The post Seminar Planned for Pennsylvania Residents New to Medicare appeared first on .

Takata filed for bankruptcy Monday following lawsuits, fines and recall costs for millions of lethally defective airbags in the U.S. and abroad. The airbags proved to be the company’s undoing and an article by the New Jersey Herald claims it could take years to get the dangerous devices off the road. “Crushed by lawsuits, fines and recall costs, the Japanese auto parts supplier filed for bankruptcy in Tokyo and Delaware and will sell most of its assets for $1.6 billion to a rival company,” the article reads. “A small part of Takata will continue to manufacture replacements for the faulty airbag inflators.” Read more: Bankruptcy Attorneys, East Brunswick, NJ  About 100 million of the Takata inflators across the world have been recalled; 69 million in the U.S. alone. It’s reportedly the biggest automotive recall in American history. It will take the industry years to produce all the necessary replacements. “In the meantime, millions of car owners are forced to nervously wait for someone to fix a problem blamed for at least 16 grisly deaths worldwide, 11 of them in the United States. Many owners have been put on waiting lists by their dealers until the parts arrive,” the article reads. “The big problem is the airbags are still out there. They’re like bombs waiting to explode, said Billie-Marie Morrison, the lawyer for a young Las Vegas woman grievously injured by an exploding airbag in March.” According to the New Jersey Herald, the last batch of repairs in the U.S. won’t start until September of 2020. The National Highway Traffic Safety Administration is overseeing the recall. More than 16 million inflators have been repaired so far in the U.S. That’s about 38 percent of the total. In Japan, 70 percent have been replaced, according to Takata. That’s partly because Japan refuses to renew vehicle registrations unless recalls have been completed. “Because of the type of chemical propellant used by Takata, the defective air bags can inflate with too much force and spew deadly shrapnel at drivers and passengers,” the article reads. “Takata sold the inflators to 19 automakers, including Toyota, Subaru, BMW, Honda, Ford and Nissan.” Takata’s bankruptcy filing clears the way for most of its assets to be taken over by Key Safety Systems, which is a Chinese-owned company based in suburban Detroit. The post Takata Files for Bankruptcy Amidst Lawsuits, Fines Due to Defective Air Bags appeared first on .

Bankruptcy and Gumption Most people come to talk to me about bankruptcy have been putting it off for years. People want to protect their “good credit” when all they are really doing is piling up bad credit. People worry that filing bankruptcy is “not how they were brought up.” They think they are better than Donald […] The post Bankruptcy and Gumption by Robert Weed appeared first on Robert Weed.

Bankruptcy and Gumption Most people come to talk to me about bankruptcy have been putting it off for years. People want to protect their “good credit” when all they are really doing is piling up bad credit. People worry that filing bankruptcy is “not how they were brought up.” They think they are better than Donald […]The post Bankruptcy and Gumption by Robert Weed appeared first on Robert Weed.

Time for a Fresh Look at the "Undue Hardship" Bankruptcy Standard for Student Debtors

A professional female bodybuilder from New Jersey is in hot water after getting busted for drunk driving at Newark Airport. According to news reports, the woman was seen swerving around the airport with a blown tire before crashing into a guard rail. She was doing all of this while also eating a plate of cake. According to a news article by the New York Post, Dehabah R. Sylvester, 31, of Bloomfield, NJ, was arrested Saturday and charged with DWI and reckless driving after the incident, according to Port Authority Police. Read more: DUI Defense Lawyers, Newark New Jersey “Officers had been responding to a report of an accident on Brewster Road and Airis Drive in Newark around 10:30 p.m. when they were informed by witnesses that Sylvester was crashing into curbs and other things with her black Nissan Altima,” the article reads. “They claimed that she had just taken the airport exit — swerving and slamming into the guard rail, cops said.” The New York Post reports that Sylvester hit the curb so hard at one point that it blew her tire out. Despite the blown tire, she kept driving. “She continued to drive on the rim before finally coming to a stop at the airport,” the article reads. “When officers approached her vehicle, they found the NPC Garden State bodybuilding champion feasting on some cake.” Police informed the media that Sylvester told them she stopped her vehicle in order to eat some cake, but that she would be leaving the area soon. At that point, police administered a sobriety test and breath test, both of which Sylvester failed, authorities said. “She blew twice over the limit,” the article reads. “Sylvester, who is also a personal trainer, has won several bodybuilding competitions in the past. One of her last shows was in May in Bloomfield.” No injuries were reported in connection to the incident. The post NJ bodybuilder arrested for driving drunk appeared first on .