Good Lawyers in Injury Divorce DUI

Years of anti drunk driving campaigns and other efforts do not seem to have had much impact on at least three California cities that have made it to a list of top 10 drunkest cities in America.  A survey conducted by Men’s Health magazine lists the most intoxicated cities in America, and three California cities are Fresno, Riverside and Bakersfield.

Men’s Health magazine compiled the list taking into consideration drunk driving accidents, the frequency of binge drinking, and the number of people arrested for DUI’s, severity of drunk driving penalties, as well as fatality rates from alcohol-related liver disease.

The list includes

1. Fresno, California
2. Reno, Nevada
3. Billings, Montana
4. Riverside, California
5. Osteen, Texas
6. St. Louis, Missouri
7. San Ontario, Texas
8. Lubbock, Texas
9. Tucson, Arizona
10. Bakersfield, California

Several other California cities made it to the list, which includes 100 cities in all. These include Modesto, Sacramento, San Diego, Los Angeles, Anaheim, Oakland, San Jose, and San Francisco.

The magazine also published a list of the least drunk cities at the other end of the spectrum. These include

• Boston, MA
• Yonkers, NY
• Rochester, NY
• Salt Lake City, UT
• Miami, FL
• Newark, NJ
• Durham, NC
• New York City, NY
• Fort Wayne, IN
• Manchester, NH

To California drunk driving accident lawyers, the list really does not come as much of a surprise.  After all, last year over 1,000 people died in the state from alcohol-related car crashes alone. Those numbers may have dropped from earlier years, but they still continue to cause great concern to accident lawyers in California and around the country. The California Highway Patrol and other law agencies in California may want to compare their list with their own data to determine which areas will most benefit from anti drunk driving campaigns.

There is no way of knowing yet if the list factored in differences in population ,and other possible factors that could have influenced the results.

In December, the National Highway Traffic Safety Administration released data that showed that California has been able to bring down its DUI crash rates by 9 percent. Although those were impressive statistics, the fact is that more can be done to reduce the number of alcohol-related crashes in the state. Sobriety checkpoints and patrols have played a big role in bringing California’s drunk driving accident rates under control. However, these need to be continued, and even intensified. Motorists are less likely to drive intoxicated, if they know that there is a high likelihood of being pulled over by troopers, and even arrested.

Teen motorists continue to be at a high risk of drunk driving accidents. This section of the population can benefit from greater awareness and education efforts, as well as enforcement activities. A pilot program in California is currently in operation in 4 counties – Los Angeles, Tulare, Alameda, and Sacramento – and will require ignition interlock devices to be installed in all vehicles of all DUI offenders. Measures like this are very encouraging to personal injury attorneys in California.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

When Tetyana Nikitana was shot to death recently as she left the school where she was a teacher, the suspect, according to police, was her former mother-in-law. Nikitian, 34, was a mother of two and an immigrant from the Ukraine living in Utah.

According to the Deseret News, the suspect in the shooting is 70-year-old Mary Nance Hanson, the mother of Nikitana’s ex-husband, Dan Jankowski. Police stated that Jankowski was not a suspect in the case, nor was a he a person of interest. “He is just a relative of the suspect,” said Lt. Don Hutson told the Deseret News

Police are still hoping to piece together the case, and determine the motives that Hanson may have had for such a gruesome act. Hanson was the one who called 911 after the shooting.

A study of the divorce record between Nikitana and Jankowski revealed the couple’s tumultuous divorce after six years of marriage, filled with fear and animosity. In those records, starting in 2005, Nikitana stated that she feared for her life and those of her children at the hands of her husband.

Jankowski, on the other hand, filed a large volume of divorce records the belief that his then-wife was attempting to frame him with domestic abuse. He was also very concerned that Nikitana would leave the country with the couple’s two children. That fear led to a dispute over the children’s passports.

There were hundreds of pages of divorce records filed by the couple. The records covered the more typical issues that arise in a divorce, like child custody and finances, but, according to the Deseret News, disputes seemed to range into less conventional territory. There were arguments over playground equipment, gold crosses for the kids, wooden plates. There were also much more serious issues, including suggestions of child neglect, threats and domestic violence.

The divorce was filed in 2005, yet the dispute was still going on through December of 2009.

Police obtained a warrant to search the home shared by Hanson and Jankowski. In an interview with KSL in Salt Lake City, Jankowski said that he did not know why his mother would want to kill his ex-wife, and that he had had concerns about the state of her mental health in the past. Jankowski also spent a large amount of time, even hours, talking to police.

“I had no idea she was going to do anything like this,” Jankowski said about his mother, Mary Hanson.

Jankowski and Nikitana got a bifurcated divorce in early January of 2006, which meant that the union was dissolved but that they still had to figure out certain legal decisions. In August 2005 and January 2006, Nikitana tried to get protective orders against her husband, claiming, according to the Deseret News, that “her husband forcefully picked her up and threw her onto the floor in front of the children, leaving bruises and red finger marks.”

Jankowski firmly denied these allegations.

Nikitana had faced scrutiny from the Division of Children and Family Services when, in 2003, she faced a charge that she had left her children in a car alone while she went to a beauty salon. The case was resolved after DCFS visited their home and found it clean and the children healthy.

The London-based office of convicted con artist Bernie Madoff will not be charged in the criminal investigation into a large investment scam resulting in billions of lost investments around the world.

The United Kingdom Serious Fraud Office said their investigators have not produced enough evidence against the London branch of Madoff’s operation to “provide a realistic prospect of conviction,” . But the SFO also pointed out they will continue to investigate a handful of funds with outposts in Europe that invested with Madoff in the search of “wider aspects of the fraud.”

In March 2009, the Manhattan-based investor pleaded guilty to one of the largest recorded Ponzi schemes in history. Madoff had used funds from new investors to pay off older investments in a vast pyramid-style scam that has resulted in $13 billion of lost investments, according to U.S. prosecutors.

The conviction has sparked numerous lawsuits in Europe and the U.S. as beguiled investors untangle a complicated system carried out by Madoff. The scheme involved selling investments with no real value, on the promise of a high return that would come through in a short period of time.

Madoff Securities International was mostly owned by Madoff himself and functioned as the main office for trading, according to Bloomberg. The office staff was comprised of about 25 people, including traders, support staff and office managers.

Defense attorney Nicola Finnerty, who is representing former Madoff Securities International CEO Stephen Raven, told Bloomberg that Raven is satisfied with the decision made by the SFO, and that “he and his directors have been fully exonerated.”

One of the main facets of Madoff’s Ponzi scheme was sending sums of money back and forth between his New York and London offices. U.S. prosecutors have found about $250 million was sent back and forth between the two offices, “to give the appearance that he was conducting securities transactions on behalf of the investors, when, in fact, he was not,” according to the indictment.

Madoff, now 71, is serving 150 years in federal prison in North Carolina as the main sentencing for the criminal charges filed against him in relation to the massive fraud.

While investors who gave money to Madoff and his offices are not being investigated, several of his former staff members have come under investigators’ scrutiny.

Stanley Chais, Madoff’s former money manager, is under a criminal investigation in the U.S. for channeling money to Madoff’s “business” through other accounts, Bloomberg reported.

Madoff’s chief aide Frank DiPascali, accountant David Friehling and computer programmers Jerome O’Hara and George Perez have also been charged in connection to the widespread scam.

Seattle, Washington. The Super Bowl is the biggest NFL game of the year, and this Super Bowl was no exception. The underdogs and fan favorite Saints knocked off Peyton Manning’s powerhouse...

[[ This is a content summary only. Visit my website for full links, other content, and more! ]]

There has been a fair amount of commentary regarding a decision of the Supreme Court of the United Kingdom (formerly the Lords of Appeal in Ordinary and part of the House of Lords) in a matter called R (on application of E) v. Governing Board of JFS.  The case involved the desire of a man referred to [...]

The Washington Post has an interesting new report on experiments into the mental alertness levels of people with a serious brain injury. The experiments have shown that some of these patients, who are in a vegetative state, continue to have active minds.

Up until now, the general theory has been that persons with severe brain injuries who have lapsed into a vegetative state, have no brain function, and little awareness of the world around them. In this context, the findings of the study by the Medical Research Council have been described as “groundbreaking”. The results of the study have been published online by the New England Journal of Medicine.

The researchers used new technologies to monitor the brain functions of 54 patients with severe brain damage to determine if they were conscious and alert.  The study included 54 patients, out of who 24 were in a vegetative state and 31 were diagnosed as being in a state of minimal consciousness. Five of these patients were able to activate their brain, just like normal people could. Out of these, 4 were in a vegetative state, and 1 was in a state of minimal consciousness.

The patients both men and women, were individually placed inside sophisticated brain scanners, and technicians gave the patients a series of instructions. They were told to imagine playing tennis or exploring rooms in their homes.

For most of the patients, there were no results on the scanner, indicating lack of brain reactions. However, for a few, the results on the scanner were just like those to be expected in any healthy, normal person who is alert and conscious. One of the patients, according to researchers, was even able to answer detailed questions on his life simply by activating different areas of the brain.

These results have obviously been shocking, and raise several questions that challenge what California brain injury lawyers and doctors have believed so far – that a person in a severely vegetative state is not conscious or alert and cannot respond to instructions. Not all of the patients in the study showed these kinds of responses. In fact, most of them didn’t. It’s also very clear – and the researchers admitted this -that there needs to be more research into this. The researchers and experts insist that the findings of the study do not necessarily mean that there are a lot of patients in vegetative states, who have a chance of recovery. In cases where there has been severe damage to the brain, it is highly unlikely, and in fact, almost impossible that there could be any response or awareness.

Approximately 20,000 people in the country live in a vegetative state.  This means that they are alive, but have no sense of awareness. Between 100,000 to 300,000 patients are a minimally conscious state. Persons in this state display signs of impaired or occasional awareness.

Over the past few years, there had been much research to indicate that some of these patients could have been misdiagnosed, and capable of more awareness than known. The new findings only corroborate those results.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of brain injuries. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

During the boom, many homeowners took out home equity lines of credit (HELOC) and are now struggling to repay those loans plus their mortgage.  Can a debtor discharge their HELOC in Chapter 7 bankruptcy and keep their home?  The short answer is no.  A debtor can discharge the home equity loan in Chapter 7 bankruptcy but they cannot discharge it AND keep their home.  However, if a debtor would like to keep their home, they may be able to file Chapter 13 bankruptcy and repay both their HELOC and their mortgage over a 3 to 5 year period. If, after completing your Chapter 13 bankruptcy repayment plan, there is a balance on your HELOC loan that may be discharged, effectively reducing the amount you pay out to the lender.

For example, if you had a $100, 000 mortgage with a $20,000 HELOC in Chapter 13 bankruptcy you may end up only paying $12,000 on the HELOC and the balance being discharge in bankruptcy.  But remember, in Chapter 13 bankruptcy, you will repay on all of your creditors, including credit cards. Also, your Chapter 13 bankruptcy repayment amount will be determined by your income and ability to pay.  If your income increases during your Chapter 13 bankruptcy that increase must be reported to the bankruptcy trustee and it may impact how much you pay to your creditors.  However, in a Chapter 7 bankruptcy, if you have a HELOC you will need to repay it only if you want to keep your home or you can discharge it and your mortgage loan and surrender the home to the lender.  It’s important for each debtor to carefully weigh the feasibility of keeping their home.  Ask yourself…can I really afford to keep this home?  If you do not earn enough income and attempt to keep your home during bankruptcy, you could possibly face foreclosure after your bankruptcy and end up in a bad financial situation again.

Related posts:

1. Three Reasons Why You Shouldn’t Get A Home Equity Loan To Avoid Bankruptcy
2. Three Reasons Why You Shouldn’t Use Your Home’s Equity To Pay Debts
3. Student Loan Debtor Denied Discharge Due to ICRP

During wrestling celebrity Hulk Hogan’s (Terry Bollea) divorce from Linda Hogan (Linda Bollea) finances were a constant point of battle. His ex-wife accused him of hiding assets and Hulk Hogan claimed that he was drowning in medical debt. Here’s a snapshot of just what that battle looked like back in March:

Lawyers for Hulk Hogan filed documents requesting $300,000 of the his frozen assets. The hulkster had surgery on his back last month and said he is subsequently unable to work as a result. The documents claim Hogan’s bills eclipse $300,000 and he only has $411,000 in his bank account. Linda Bollea, his ex was granted attorney fees of $400,000 late last year.

For all of you suffering from medical debt, please take note.  Even the hulkster can pin down medical debt, it’s just too much.  Medical debt is a very powerful force that can send you to bankruptcy immediately or wipe out all of your assets.  Think about it, even Hulk Hogan, who I am sure had medical insurance, was left with a whopping $411,000 in medical debt.  How many ordinary people can handle that type of medical debt?  Not many. And not many ordinary people have $400,000 laying around in their bank account.  So do yourself a favor if you are facing a large amount of medical debt, please do not go broke trying to pay it.   It is good to pay your bills, but it is not good to destroy your finances in the process of paying medical debt or other types of debt.  There is nothing wrong with using bankruptcy to discharge or repay that medical debt under reasonable terms.  Remember, Chapter 7 bankruptcy will discharge unsecured debt and Chapter 13 bankruptcy will allow you to repay your debts under reasonable terms in a 3 to 5 year period.  And even in Chapter 13 bankruptcy some of your debt may be discharged.

Related posts:

1. Medical Debt A Leading Cause Of Bankruptcy For Half-Million Americans
2. What You Should Do When Medical Debt Strikes
3. Medical Debt Causes Two-Thirds Of Bankruptcies

Air America Radio, a radio network that was launched in 2004 was abruptly shut down after experiencing severe financial troubles.  The left leaning radio network, which owned 100 radio outlets nationwide, filed Chapter 7 bankruptcy so that it can be liquidated to repay creditors.

“The very difficult economic environment has had a significant impact on Air America’s business. This past year has seen a ‘perfect storm’ in the media industry generally,” the company said in a statement on its Web site.

Bankruptcy has become a common move for many media companies during this recession.  Sagging advertising revenue, low readership and in the case of Air America Radio, a lack of investor interest, has driven several media outlets to file Chapter 11 bankruptcy to restructure their debts or to liquidate in Chapter 7 bankruptcy.  When a company files Chapter 7 bankruptcy they will cease operations, liquidate their assets and give the proceeds of that liquidation to creditors.  Sometimes creditors prefer a Chapter 7 bankruptcy if they don’t believe the company is viable.  Secured creditors may favor Chapter 7 bankruptcy for companies because they are almost always guaranteed to get at least some of their loan repaid.  But on the other hand unsecured creditors rarely see much repayment when a business files Chapter 7 bankruptcy.

While Chapter 7 bankruptcy may seem abrupt to outsiders, usually companies who file Chapter 7 bankruptcy have a long history of financial troubles that they have not been able to overcome.  For example, Air America had financial troubles almost from the day it was launched and even filed a Chapter 11 bankruptcy in 2006.

Related posts:

1. Mesa Air Group Files Chapter 11 Bankruptcy
2. Will Filing Chapter 11 Bankruptcy Work for My Business?
3. Massive Apartment Management Company Files Chapter 11 Bankruptcy

In one semester, not only have I learned a great deal about the law and made, hopefully, life-long friends, I have also met and conversed with lawyers, judges, senators, state justices, and their generally over looked administrative assistants. I simply want to express the wealth that the Milwaukee legal community holds. I also want to suggest that anyone who is not currently taking full advantage of this wealth is denying themselves a rich opportunity.

The developers of the 6,000-acre Dallas Logistics Hub have filed for Chapter 11 bankruptcy protection to reorganize their debts and improve their dismal balance sheet.  Master Land Holding LLC and its parent company Allen Capital Partners LLC said the bankruptcy filing would allow them to “extend debt maturities, improve their capital structure and further strengthen the Dallas Logistics Hub’s competitive position.”

“We have a balance sheet problem, not an operational one,” said Richard Allen, chief executive of DLH and ACP. “The unprecedented collapse of the U.S. real estate and capital markets has made it impossible to continue without restructuring our financial obligations.”

DLH and ACP have received a debtor –in-possession loan which should help them meet their financial obligations to employees, customers and suppliers while in Chapter 11 bankruptcy.  The Chapter 11 bankruptcy fling is not expected to impact the logistics park’s daily operations.  The developers said that both creditors and investors have been supportive; but it is not yet clear if the company will or can arrange a prepackaged bankruptcy plan.  A prepackaged Chapter 11 bankruptcy could guarantee a significant reduction in their debt load and speed their process through bankruptcy.  However, even without a prepackaged bankruptcy, the company can still emerge more viable after the bankruptcy.

The developers of the Dallas Logistics Hub aren’t the only commercial real estate developers to be hit by this recession.  The number of foreclosures and bankruptcy filings in the commercial real estate industry has been steadily rising since the recession began.  There is currently no positive outlook in the near future for commercial real estate; however many developers are using Chapter 11 bankruptcy to create their own mechanisms for recovery.

Related posts:

1. MGM Movie Studios May File Chapter 11 Bankruptcy
2. Dallas-Fort Worth’s Margaux Development Files for Chapter 11 Bankruptcy
3. MediaNews Group To File Chapter 11 Bankruptcy

Tropicana Entertainment is poised as the first major casino company to emerge from Chapter 11 bankruptcy later this month after nearly 2 years of restructuring and negotiations. The company’s debt has been discharged and Tropicana’s new owner, Carl Icahn is infusing the company with $150 million to pay creditors and upgrade casino properties.

The corporation’s drop into bankruptcy traces back to former owner Bill Yung’s pricey, boom-era gamble in 2007 — the purchase of Aztar casino chain, which saddled it with $2.7 billion in debt the same year the economy started its downturn…The company suffered a major blow in December 2007 when New Jersey regulators revoked its license to operate the Tropicana in Atlantic City, forcing the sale of one of its largest and most profitable assets… Net operating revenue grew 77 percent in 2007 after the Aztar acquisition. But expenses rose 210 percent, resulting in a net loss of $1 billion. A big chunk of that went to interest payments on the company’s mammoth debt. Tropicana Entertainment entered bankruptcy with debts about equal to its $2.8 billion in assets.

Tropicana’s CEO Scott Butera said that he saw the bankruptcy as an opportunity and beamed about its positive impact on the company’s profits.

“This word, bankruptcy, frightens people. But it’s been incredibly beneficial for us,” Tropicana Entertainment CEO Scott Butera says.

Even while still in bankruptcy, Tropicana is on track to generate about $700 million in cash per year and that’s with a very low debt obligation.  Many casino companies are trying to avoid bankruptcy at all costs because of the perceived negative stigma of filing bankruptcy amongst those in the casino industry.  However, Tropicana is proving that bankruptcy can work “miracles” even for companies that operate in industries that still harbor animosity towards bankruptcy.   Also, many casinos are struggling financially due to the recession with very high debt loads.  Those casinos will be hard pressed to compete against a company like Tropicana who has used bankruptcy to reduce debt and increase profits.

Related posts:

1. Muzak Holdings LLC Prepares To Emerge From Chapter 11 Bankruptcy
2. New GM May Soon Emerge from Chapter 11 Bankruptcy
3. Image Entertainment Inc May File Chapter 11 Bankruptcy