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 .

Four married couples in New Jersey are facing serious charges after allegedly misrepresenting their income to receive more than $1 million in Medicaid, food stamps, and other government programs. One of the couples includes a New Jersey rabbi and his wife. According to an article on the WTKR website, Zalmen Sorotzkin, a rabbi at the Congregation Lutzk synagogue in Lakewood, was arrested Monday with his wife, Tzipporah, for improper collection of about $340,000 in Medicaid, food stamps, housing and supplemental security income from 2009 to 2014. Read more: Long Term Disability Lawyer , Trenton NJ Another couple, Mordechai and Jocheved Breskin, were also arrested. They’re accused of collecting about $585,000 in government benefits, prosecutors said. Both couples are accused of misrepresenting their income and failing to disclose other sources of income to government agencies in order to receive assistance. Because of their actions, the couples’ incomes were low enough to qualify for government assistance. All of the couples face charges of second-degree theft by deception. “Monday’s raids were ‘the first of multiple ongoing arrests’ in Lakewood regarding Medicaid and government assistance fraud, according to the prosecutor’s office,” WTKR reports. “The investigation is being done in conjunction with the FBI, the state comptroller’s office, the Social Security Administration and the state Department of the Treasury, the prosecutor’s office said.” Ocean County Prosecutor Joseph Coronato said in a statement that financial assistance programs are designed to help families who face hardships and are truly in need. “My office gave clear guidance and notice to the Lakewood community in 2015 of what is considered financial abuse of these programs. Those who choose to ignore those warnings by seeking to illegally profit on the backs of taxpayers will pay the punitive price of their actions.” During similar raids on Monday, two other couples, including Zalmen Sorotzkin’s brother Mordechai and his wife, Rachel, were also arrested on federal charges of conspiring to steal government funds. “The federal complaint alleges that Mordechai and Rachel Sorotzkin conspired to receive Medicaid benefits over a three-year period despite receiving more than $1.5 million in income. They’re accused of failing to report that income, which would have made them ineligible for the health care benefits,” the article reads. “In a separate case, Yocheved and Shimon Nussbaum allegedly underreported or failed to report their proper income to receive Medicaid, Section 8 housing and food stamps from 2011 to 2014, according to a criminal complaint.” They earned more than $1 million in both 2012 and 2013, according to the criminal complaint. In all, the Nussbaums accepted about $180,000 in government benefits to which they were not entitled, the complaint said. The post Four Couples, Including NJ Rabbi, Accused of Welfare Fraud appeared first on .

Many clients have contacted us regarding serial bankruptcy filers-people who filed for bankruptcy two or more times. Since 1984, Congress has been attempting to deal with debtors who took advantage of the automatic stay while making few or no payments to their creditors. This month, we’ll look at how the Bankruptcy Abuse and Creditor Protection Act of 2005 (BAPCPA) enhanced penalties for serial filers. Penalties Affecting the Automatic StayUnder Section 362(c)(3) of the Bankruptcy Code, if you filed bankruptcy under chapter 7, 11 or 13 and then file another bankruptcy under any chapter of the Code within one year of the dismissal of the first case, there is a presumption that you filed the second case in bad faith, and the automatic stay will expire after only 30 days. Under § 362(c)(4)(A)(i) of the Bankruptcy Code, if you filed two or more bankruptcies in the previous year, and then file a third bankruptcy, the same presumption of bad faith exists, and the automatic stay will not take effect at all upon the third filing (the “Three Strikes and You’re Out” rule). This limitation does not apply to a chapter 11 or chapter 13 case filed after the dismissal of a chapter 7 case for abuse under 11 U.S.C. § 707(b). You may file a motion with the court and ask for the automatic stay to be imposed, but you must present clear and convincing evidence that you filed the most recent bankruptcy in good faith. Under § 362(c)(4)(D)(ii) of the Bankruptcy Code, if a creditor filed a motion for relief from stay in the prior case that was pending or had been resolved by terminating or limiting the stay, the new case is presumptively not in good faith as to that creditor. Under Section 9011 of the Federal Rules of Bankruptcy Procedure, the Court may impose sanctions against the debtor or the debtor’s attorney for bad faith filings. Under § 362(d)(4) of the Bankruptcy Code, on request of a party in interest and after notice and a hearing, the Court shall grant relief from the stay by terminating, annulling, modifying, or conditioning the stay with respect to a stay of an act against real property by a creditor whose claim is secured by an interest in the real property, if the Court finds that the filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved multiple bankruptcy filings affecting the real property. Penalties Affecting Discharge Although the Bankruptcy Code does not per se prohibit serial filings, it does condition the ability to obtain a discharge based on a subsequent filing within certain time limits, as discussed below. Successive chapter 7 cases: Under § 727(a)(8) of the Bankruptcy Code, if you received your first discharge under a chapter 7, you cannot receive a second discharge in any chapter 7 case that is filed within eight years from the date that the first case was filed. A chapter 13 case and a subsequent chapter 7 case: Under § 727(a)(9) of the Bankruptcy Code, if your first discharge was granted under chapter 13, you cannot receive a discharge under any chapter 7 case that is filed within six years from the date that the chapter 13 was filed, unless payments under the plan in such case totaled at least 100 percent of the allowed unsecured claims in such case; or 70 percent of such claims; and the plan was proposed by the debtor in good faith, and was the debtor’s best effort. A chapter 7 case and a subsequent chapter 11 or chapter 13 case: Under § 1328(f)(1) of the Bankruptcy Code, if your first discharge was granted under chapter 7, you cannot receive a discharge under any chapter 11 or chapter 13 case that is filed within four years from the date that the chapter 7 was filed. Successive chapter 13 cases: Under § 1328(f)(2) of the Bankruptcy Code, if you received your first discharge under chapter 13, you cannot receive a second discharge in any chapter 13 case that is filed within two years from the date that the first case was filed. If you’ve previously filed for bankruptcy and are contemplating filing again, or if you’re a creditor with a claim against a serial filer, please contact Jim Shenwick.

  In STRATTON C. POLLITZER, Plaintiff-Appellant, v. GUY G. GEBHARDT, Acting United States Tr., Defendant - Appellee., No. 16-11506, 2017 WL 2766088 (11th Cir. June 27, 2017) the 11th Circuit ruled that a case could be dismissed in chapter 7 for failure to pass the means test, even though it had initially been filed under chapter 13; rejecting the debtor's argument that the section was limited to cases filed under chapter 7.     The court went back to the enactment of the 1984 bankruptcy act creating §707(b), wherein Congress believed the courts were not invoking the 'for cause' dismissal allowed prior to that act when debtor's had sufficient income to repay creditors, and included the provision to allow cases to be dismissed if  'substantially abusive.'  These provisions were further strengthened in the Bankruptcy Abuse and Consumer Protection Act of 2005, Congress again finding that too many debtors with income available to repay creditors were obtaining chapter 7 discharges.  BAPCPA created a presumption of abuse for these debtors.  This legislative history shows Congress intended §707(b) to be a potent tool for expeditiously dismissing chapter 7 cases that have income sufficient to repay creditors.  This intent would be eviscerated if debtors could file chapter 13 and simply convert to chapter 7 without being subjected to the abuse review incorporated in §707(b).  The 11th Circuit found it inconceivable that Congress intended such a result.  The Debtor's argument that there are other methods of dealing with such abuse, such as §105(a), was unavailing.  §707(b) was enacted precisely because these other provisions were not effective in preventing chapter 7 discharges of debtor's with the ability to repay their creditors.     Further, the Court's do not read statutory language in isolation.  Congress excluded several categories of cases from §707(b) (such as chapter 12 or if the case has not been converted under section 706 or 1112). When Congress includes particular language in one section of a statute and omits it in another, it is presumed to have done so intentionally.  Further Congress excluded categories of debtors, such as disabled veterans or those recently released from active duty, from §707(b) but failed to include converted cases in such exclusion.    Finally, when Congress passed BAPCPA it did not change Rule 1019(2)(A) Fed.R.Bankr.P. which sets a new time for filing a §707(b) motion in a case that has been converted from chapter 13 to chapter 7.  Congress is presumed to have been aware of this rule when BAPCPA was enacted, and such rule would be unintelligible if §707(b) did not apply to cases converted from chapter 13. Michael Barnett. www.tampabankruptcy.com