Saturday, December 4, 2010

Responsible Parents and Education 1/Mediocrity and Stupidity 0

Last month, parents in one of the most affluent areas of Virginia (Alexandria) decided to rise up against a principal who attempted to dumb down education by eliminating the "F" in his school's grading system. He made the initial decision before consulting parents. Instead of rolling over and having self-esteem win out over education, the parents at West Potomac rose up to challenge the new policy.

More specifically, the principal decided that Fs for those who were caught cheating were no longer acceptable. Instead, he instructed teachers to give them Incompletes and permit them to finish the class later. This is equivalent to catching a shoplifter and permitting him to return the item and come back to the store later to shop.

Amazingly, this no F policy went beyond the cheaters. Indeed, before the parents stopped this harmful policy, according to WUSA Channel 9, this same principal "reportedly told teachers to not give F's on recent report cards and instead give incompletes so that students would have time to make up the work. Many parents say that also coddles students and prevents them from learning 'real world' consequences."

If a parent actually cares about his children's education, the one thing he can take away from this story is to watch those who teach your children. If those "educators" attempt to sacrifice education on the pillar of self-esteem, go to the media and the local board of education. If the board is tone death, go to your state's department of education.

Friday, October 15, 2010

Inner City Press: Investigative Reporting from the United Nations

At the time of this article last year, the UN had stopped class trips because of asbestos related work. Those people who worked on the ceilings and floors wiring, cleaning, and working there have had their healths threatened. This should have been taken care of years ago. In fact, employees who worked in the building should have been notified years ago. How can an agency who claims to have some moral authority to scold terrorists, act that terrorists themselves?

Inner City Press: Investigative Reporting from the United Nations

If you or your family member have been exposed to asbestos, get checked. Don't rely on your employer to inform you of potential exposure. Moreover, if you get this horrid disease, as always, expect the corporation or agency to run away from its responsibilities

Tuesday, October 12, 2010

When are Prosecutors Going to Bring Charges Against the Mortgage Companies and Banks for False Swearing, Etc.

It has become clear that those who worked for certain banks and mortgage companies lied on foreclosure affidavits. Therefore, the next question is when are the state prosecutors and attorney generals going to arrest and prosecute them?

It is irrelevant that they were just following orders. The Nazi excuse is no excuse. They had a brain and should have used it. Therefore, let their employers hire criminal lawyers to defend them. If they want to flip on their supervisors, great. Otherwise, they can go to jail.

Friday, October 8, 2010

My husband and I have paid child support for 12 years to his ex-wife for their two daughters. Through the years he has lost -

Don't make the same mistake this couple made. If there is an outstanding child support order, don't make side verbal agreements with the custodial parent. Instead, if you both agree to the change, file a consent petition to modify child support. This will be a short inexpensive process that will protect both parents.

My husband and I have paid child support for 12 years to his ex-wife for their two daughters. Through the years he has lost -

Tuesday, August 24, 2010

Home sales across U.S. drop sharply - Atlanta Business Chronicle

Home sales across U.S. drop sharply - Atlanta Business Chronicle

Thank you Obama and Congress for giving bailouts to the financial industry. When consumers make 70% of the economy, commonsense would dictate that substantial cash in the form of tax refunds and minimum cash influx to each citizen of no less than $5,000 would have quickly stimulated the economy in this country.

Monday, August 23, 2010

Real Estate Boom-Time Won't Be Returning Anytime Soon

They didn't create the mess. That's the lie the right wing has perpetrated. The banks and mortgage companies created the mess with the greed is good mantra. Nobody can borrow unless someone lends. Nobody can get interest only loans unless someone offers it. Nobody can get no document loans, unless someone offers it.

The bankers offered these voodoo loans because they didn't take personal responsibility in ensuring the person was going to pay. They didn't care because they flipped the loan and made money. Those in the stock market made money by shorting the loans. It was a game of chess. The homeowners were merely pawns.
About Financial Crisis
Read the Article at HuffingtonPost

Wednesday, August 11, 2010

Can your boss legally fire me for no reason -

Can your boss legally fire me for no reason -

Unfortunately, employees have to deal with nonsensical middle managers. If an employee doesn't have a perceptive second line supervisor or HR manager who understands that good employees are invaluable, and bad middle managers can ruin a company, honest, hardworking, loyal employees can get the shaft. Of course, in the long run, shareholders are left with a company that isn't maximizing its value.

Wednesday, July 28, 2010

In Georgia, A Child Must be 14 to Have the Right to Select the Parent With Whom He or She Desires to Live

A frequent custody question parents and young children ask is the age a judge will permit a child to decide which parent the child can live. Of course, each state is different. In Georgia, at least, the age where a judge will listen to the child's wishes is 14.

More specifically, under the Georgia Code, once a child obtains the age of 14, the child shall have the right to select the parent with whom he or she desires to live. The child's selection for purposes of custody shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The parental selection by a child who has reached the age of 14 may, in and of itself, constitute a material change of condition or circumstance in any action seeking a modification or change in the custody of that child; provided, however, that such selection may only be made once within a period of two years from the date of the previous selection and the best interests of the child standard shall apply.

On the other hand, when the child has reached the age of 11 but not 14 years, the judge shall consider the desires and educational needs of the child in determining which parent shall have custody. The judge shall have complete discretion in making this determination, and the child's desires shall not be controlling.

As a result, if a non-custodial parent in Georgia has tweens or young teenagers, he can attempt to change custody during the 11-13 year old period. However, the parent should have evidence that he will be the better parent in meeting the child's educational needs.

Saturday, June 19, 2010

Jingle Mail and Chapter 7 -- The Bailout for Homeowners

The financial institutions and companies received their bailouts from Bush, Obama, and Congress. Despite the voluntary programs set up by Obama and Congress, foreclosures are still occurring at record pace. It appears the government doesn't care. Instead, they want the middle class to take personal responsibility for their finances, while the banks, companies, Congress, and Obama can run free to selectively choose who is worthy of their forgiveness.

Many know about corporate bankruptcies. Indeed, they unabashedly run to the court without fear or recrimination. On the other hand, the public has been brainwashed into believing they shouldn't do the same. Some on the right argue that companies create jobs so they should be able to use these "business" tools. This is a fallacy that many buy into. Federated Department Stores, Kmart, and other retail stores rely on the demand of the middle class to keep their doors open. Without demand, there isn't supply. Indeed, that's why buggy whip manufacturers went out of business after the automobile became widely available. You should remember Bush's plea to the middle class to run out and spend after 9/11. He knew the middle class is the key to the success of businesses in this country. Therefore, if demand keeps businesses in business, the middle class should have the same tools given to businesses to press the reset button.

So, with that fallacy dispelled, what is jingle mail? According to Investopedia it's

A situation where a homeowner mails his or her house keys to a mortgage lender due to an inability to meet mortgage payment obligations and a lack of equity in the property. If a homeowner is upside-down in a mortgage and feels the entire loan is a lost cause, he or she may choose to walk away from the property altogether and relinquish it to the original lender instead of going though the foreclosure process.

If a homeowner has difficulty making mortgage payments and is limited in his or her ability to refinance the mortgage - especially if there is no equity in the home or the value of the home has fallen in the market to less than the value of the outstanding loan - there is often little an owner can do but foreclose. This usually occurs when a weak housing market occurs during economic weakness in which job losses increase and salaries stagnate or fall.

This term was first used to describe the surprise mailings that mortgage lenders received following the savings and loan debacle of 1990-1991. This term resurfaced during the housing and subprime mortgage collapse, which began in 2006.


Although Chapter 7 or 13 may save your house, jingle mail puts the ball in the homeowner's court. The homeowner may not want the house anymore and can't sell it. Some have moved on to different cities and don't want to pay rent and mortgage. Others, may still want the house, but the mortgage companies are unreasonable. Many have advocated a disqualification of future home loans if this occurs. Wait a minute, did Delta forfeit any government contracts or use of airports because it filed for bankruptcy? Did any other corporation who filed for bankruptcy lose government contracts, loans, grants, etc. What's good for the goose is good for the gander.

One work of caution, if you are contemplating jingle mail or bankruptcy, consult with a lawyer first. There may be other options. Furthermore, your state may allow the mortgage company to seek deficiencies in the resale of the house. In any event, it's about time the American people started to demand equal treatment. If large corporations and banks get bailouts and passes for defaults and bankruptcies, so should individuals. If corporations can default on commercial mortgages (a rising trend) without recrimination, people should be allowed the same pass on their mortgages.

Friday, June 18, 2010



If the survey in the article is true, people are putting their assets at risk. If you want a particular heir to have an heirloom, asset, or bank account, you need a will to ensure that your wishes are carried out. People should also consult with an attorney to discuss a revocable trust. If done correctly, they are more valuable than wills. Indeed, trusts avoid the hassle and uncertainty caused by going through probate. Moreover, you select the trustee, which is normally not challenged. On the other hand, the appointment of an executor can be challenged during the probate process.

If you live in Georgia, New York Maryland, or DC, and don't have a will, you should contact me to discuss your estate.

Tuesday, June 8, 2010

Wills and the New Blended Family

Paula J. McGill, Attorney at Law Today, it is common to have blended families with adult stepchildren, wayward sons and daughter, and nonfamily close knit friends. In these situations, if you want to leave large items (houses, boats) or bank accounts to some children (step, biological, or adopted) and disinherit others, the best way to ensure your wishes are followed is to create a revocable trust.

A revocable trust allows a person to keep control of his assets and change gifts as relationships change. At the same time, it avoids probate. In some states, the probate process can be a long drawn out pain in the neck. Moreover, wills are much more likely to be challenged than trusts.

Going back to the blended family, the trust doesn't have the problem that is created by intestate laws. Indeed, if a child successfully challenges a will that disinherits her, the result may shut out a favorite stepchild or friend or give a significant amount of money to a birth child who you disavowed years before your death.

Friday, May 28, 2010

Four more Ga. banks get consent orders - Atlanta Business Chronicle

In the article, the author notes " With 38, Georgia has had more bank failures than any other state since August 2008. The most recent, and eight this year, was the May 14 failure of Satilla Community Bank in southeast Georgia."

Georgia isn't the most populous state, the one with the most foreclosures, or the one with the highest unemployment rate. Therefore, something must be wrong at the regulatory end that is unique to Georgia.

It is worth noting that these problems were not present during the last banking crisis in the 1980s. In fact, The Georgia Department of Banking & Finance was praised at that time for keeping it's state banks under control and out of the quagmire that existed back than. Silverado Bank, The Keating Five, and Neil Bush come to mind when I think of those failures, corruption, and bad land deals. Indeed, when I arrived at the Department in 1988, the Agency was extremely proud that Georgia state banks hadn't gotten into trouble. In fact, Georgia was one of the few states that used the examination of the state examiners to determine the safety and soundness of the financial institutions. In other words, 20 years ago, at least, the FDIC had confidence in the Agency head, the examiners, and their procedures.

Notwithstanding the horrible economy, is it possible the new administration, different political party, and anti-regulatory philosophy has created this horrible situation in Georgia?

Read more: Four more Ga. banks get consent orders - Atlanta Business Chronicle

Four more Ga. banks get consent orders - Atlanta Business Chronicle

Wednesday, May 19, 2010

Lawyer Billing Issue -

Lawyer Billing Issue -

The client could have avoided these large unexpected bills with a flat fee contract. This type of arrangement places a cap on the attorney's fee and minor expenses (mileage, parking, copying). Oftentimes, the client is responsible for prepaying large expenses (expert fees, depositions, appraisals, and other third party professionals). If the client has limited resources and cannot afford the sixth deposition or a second medical expert, she can veto the lawyer's decision and cap the expenses before the monthly bill arrives in the mailbox.

Sunday, April 18, 2010

my lawyer duped me. -

Be careful when hiring an attorney. You should feel comfortable asking the lawyer question. Moreover, your attorney can never force you to sign anything. If you don't feel comfortable signing a document, ask questions about it.

my lawyer duped me. -

Thursday, April 1, 2010

Exercise Caution Before Buying a Business

Before anyone buys a business, accountants and lawyers should be consulted. An experienced accountant can review the businesses books and tax returns. These documents will provide essential information on the true value of the business and potential federal and state tax liability.

Even with a good accountant, a prospective owner still needs a lawyer to draft the sales and indemnification agreement. Recently, a new business owner complained about being sued for actions taken by the seller. Of course, he didn't have a sales agreement. He thought he would save money by drafting his own bill of sale.

The inherited liability he incurred may damage the business and turn his ownership dream into a financial nightmare. An experienced attorney would have drafted a sales agreement with covenants and representation provisions regarding known tax liabilities, lawsuits, and other contingent liabilities. In addition, indemnification clauses would have required the former owner to reimburse the buyer for any judgments, expenses, and attorney's fees incurred as a result of enumerated pre-sale liabilities.

In short, even for prospective small business owners, paying an accountant and a lawyer a few thousand dollars before the sale closes may save tens of thousands of dollars in the future.

Tuesday, March 23, 2010

Collecting A Debt From An Ex Spouse

When a judge enters a divorce decree and orders an ex wife to pay credit card debts, a mortgage, or a car note in the husband's name, he has two options to obtain compliance with the order and collect delinquent payments.

(1) The former husband can file a motion for contempt in the originating family court. If the wife is held in contempt, the judge can order her to pay the debt by a date certain. Thereafter, if the wife ignores the order, she may be subject sanctions.

(2) The former husband can also sue the wayward spouse in civil court. This option may result in a judgment. However, it's not worth the paper it's written on if steps aren't taken to collect via garnishments and liens. This process may take several years.

I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joi - Divorce / Separation -

Monday, March 8, 2010

can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate -

The question below highlights two legal concepts:

(1) When you need legal advice, seek advice from lawyers who are licensed in your state; and

(2) When a court orders an ex-spouse or other party to maintain life or health insurance, obtain the policy information, and verify, verify, verify. If the party lets the policy lapse, file a motion for contempt. Relying on the honesty of the person, may leave you without coverage.

can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate -

Sunday, February 21, 2010

Judgment Notice & Sewer Service --- What Next? (Avvo Question)


I have gotten several letters saying a judgement has been filed for credit card debt. can they seize my checking account



The credit card company cannot place a lien on your property without a judgment. If the company has a judgment, you should have received proper notice of a lawsuit.

Unfortunately, many immoral debt collectors engage in sewer service. In other words, they throw the complant and summons in the garbage and file a service affidavit. This gives the debt collector the ability to file for and obtain a default judgment.

Therefore, if you believe that you were not served as is required by law, you need to file the appropriate paperwork in a timely fashion. If you simply ignored the summons and complaint and the judgment is appropriate, the attorney can file for a lien immediately. Therefore, if you take advantage of direct deposit, you should stop it immediately. If you allow automatic debits for certain of your bills, stop it and start paying with money orders. 0 0 Questions in your practice areaQuestions in your practice areaAnswer another question
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