Thursday, March 3, 2011

Gay Bashing at Miltary Funeral- Supreme Ct protected under 1st Amendment

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202484022975

This is so wrong. What about inciting a riot? So Nazi can hold an MLK Day parade by this logic?

What happen to hate crimes?

Mr. Albert Snyder my aplologizes for the stupidity of our legal system which  in their attemp to protect everyones rights trampled your rights.   I am sorry for your loss and the grief you were caused by these hateful people.

Wednesday, March 2, 2011

Email Disclaimer

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202483456250

Cat Paw Claims

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202483888313

The justices also ruled 8-0 that corporations could not claim a "personal privacy" exemption to keep certain documents from being released under the federal Freedom of Information Act.


In the employment case, the justices, in an opinion by Justice Antonin Scalia, resolved long-running confusion in the lower courts over the so-called cat's paw theory of job discrimination under which an employer can be held liable for the animus of a supervisor who did not make the ultimate employment decision.


The cat's paw scenario played out in Staub v. Proctor Hospital. Vincent Staub, an angiography technician at the hospital, was a member of the U.S. Army Reserve. His reserve duties required him to attend drill one weekend per month and to train full time for two to three weeks per year. His immediate supervisor and her supervisor were hostile to Staub's military obligations. They made that hostility known to him and co-workers through comments, by scheduling Staub for additional shifts without notice, and filing false disciplinary warnings in his file.

In 2004, Proctor's vice president for human relations, relying on an accusation by Staub's supervisor and after reviewing his personnel report, fired him. Staub sued under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), charging that his firing was motivated by hostility to his reservist obligations. Under the act, an employer is liable for an adverse job action if the employee's military or reserve membership is a "motivating factor" in the employer's action.

Scalia wrote: "The employer is at fault because one of its agents committed an action based on discriminatory animus that was intended to cause, and did in fact cause, an adverse employment decision."

Fed, FTC Call for Lenders to Share Credit Scores

Free credit scores could be easier to obtain under a rule U.S. federal regulators proposed yesterday, the Wall Street Journal reported today. Starting in July, lenders would be required to disclose credit scores to consumers when the scores are used to set certain credit terms. The Federal Reserve and Federal Trade Commission proposed the rules to comply with a provision included in the sweeping Dodd-Frank financial overhaul Congress passed last summer. Under the proposal, a lender would be required to provide free credit scores to borrowers when the lender uses a credit report to set high interest rates or other loan terms that are not the best available. Lenders would also need to provide credit scores when they deny credit, change the terms of an existing credit arrangement or refuse to grant credit in the amount or on the terms requested.
http://online.wsj.com/article/SB10001424052748703559604576175020502205458.html?mod=WSJ_hps_sections_personalfinance#printMode

Free Reports

https://www.annualcreditreport.com/cra/index.jsp

Credit Card Data Tells Mixed Story

While the average debt on credit cards in December decreased by 4 percent compared with the same month a year before, Americans still carried an average of $4,284 on credit card statements in December 2010, according to data released this week by the credit monitoring company Experian, the New York Times reported today. The most recent consumer credit report from the Federal Reserve showed that revolving credit, which is mostly credit card debt, increased by 3.5 percent in December at an annual rate, the first such increase in 27 months. Card spending (including credit, debit and electronic benefit-transfer cars) was up 6.5 percent in December compared with spending at the same stores a year earlier, according to First Data, which processes merchant transactions.
http://www.nytimes.com/2011/03/02/business/economy/02debt.html

http://www.nytimes.com/imagepages/2011/03/02/business/02debt-ch.html?ref=economy

House Subcommittees Examine Termination of HAMP, Effect of Dodd-Frank on Small Businesses

House Subcommittees Examine Termination of HAMP, Effect of Dodd-Frank on Small Businesses




The House Financial Services Subcommittee on Insurance, Housing & Community Opportunity will hold a hearing today titled "Legislative Proposals to End Taxpayer Funding for Ineffective Foreclosure Mitigation Programs," while the Financial Institutions & Consumer Credit will hold a hearing titled "The Effect of Dodd-Frank on Small Financial Institutions and Small Businesses." The Insurance, Housing & Community Opportunity hearing will take place at 2 p.m. ET and information including prepared witness testimony can be found here  http://financialservices.house.gov/Hearings/hearingDetails.aspx?NewsID=1782   . The Financial Institutions & Consumer Credit Subcommittee hearing will also take place at 2 p.m. ET and the witness list and further information can be found at http://financialservices.house.gov/Hearings/hearingDetails.aspx?NewsID=1779

Regulators' Mortgage Servicing Standards Would Tackle Second Liens, Require 20 Percent Down

Banking regulators took a critical step forward yesterday to establishing national mortgage servicing standards by cutting a deal to include some new rules as part of a related risk retention proposal, American Banker reported today. Under the agreement, servicers would be required to offer a loan modification when the value of a borrower's home is greater than its value in a foreclosure. Loss mitigation activities would have to be initiated within 90 days after a borrower was delinquent, and such procedures would have to be disclosed to borrowers prior to a mortgage closing. The servicing rules come as part of risk retention standards, which were required by the Dodd-Frank Act enacted last year. As part of the deal, borrowers would have to make at least a 20 percent downpayment to meet criteria that exempts lenders from retaining a portion of the loan when selling it into the secondary market.

http://www.americanbanker.com/news/regulators-cut-deal-on-risk-retention-servicing-standards-1033720-1.html?zkPrintable=true

RB/FTC Issue Proposed Rule on Dodd-Frank Act Changes to Risk-Based Pricing, Adverse Action Notices

The Federal Reserve Board and Federal Trade Commission propose to: (1) revise and add to the content requirements for risk-based pricing notices; and (2) revise and add related risk-based pricing and adverse action notice model forms to reflect the new Dodd-Frank Act credit score disclosure requirements .


The full text of the proposed risk-based pricing rule is available at:

http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20110301a1.pdf

The full text of the proposed adverse action notice rule is available at:

http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20110301a2.pdf



In January of last year, the FRB and the FTC published final rules to implement the risk-based pricing provisions in section 311 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amends the Fair Credit Reporting Act (FCRA).

These existing final rules generally require a creditor to provide a risk-based pricing notice to a consumer when the creditor uses a consumer report to grant or extend credit to the consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that creditor. The mandatory compliance date for these existing risk-based pricing rules was January 1, 2011.

As you may recall, the Dodd-Frank Act requires creditors to also and additionally disclose credit scores and related information to consumers in risk-based pricing and adverse action notices under the Fair Credit Reporting Act, if a credit score was used in setting the credit terms or taking adverse action. The effective date of these amendments is July 21, 2011.

Section 1100F of the Dodd-Frank Act requires that a risk-based pricing notice include: (1) a numerical credit score used in making the credit decision; (2) the range of possible scores under the model used; (3) the key factors that adversely affected the credit score of the consumer in the model used; (4) the date on which the credit score was created; and (5) the name of the person or entity that provided the credit score.

Accordingly, in order to prepare for the effective date of the Dodd-Frank Act amendments, the FRB and FTC propose to amend their respective risk-based pricing rules to require disclosure of credit scores and information relating to credit scores in risk-based pricing notices, if a credit score of the consumer is used in setting the material terms of credit.

In addition, the Federal Reserve Board proposes to amend the adverse action model notices under Regulation B (Equal Credit Opportunity Act), which combine the adverse action notice requirements for both Regulation B and the FCRA. The proposed amendments would revise the model notices to incorporate the new credit score disclosure requirements.

The Board proposes to amend these model notices in Regulation B to include the disclosure of credit scores and information relating to credit scores if a credit score is used in taking adverse action. These proposed amendments reflect the new content requirements in section 615(a) of the FCRA that were added by section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Public comments on the proposed rules are due 30 days after publication in the Federal Register, which is expected shortly.

Tuesday, March 1, 2011

Circuit Court of Appeals Cases from Last Week

United States Second Circuit, 02/07/2011
DISH Network Corp. v. DBSD N. Am., Inc., No. 10-1175

Chapter 11 plan confirmed and designation of votes of DISH Network Corporation as "not in good faith" under section 1126(e) where: 1) bankruptcy court's decision to designate DISH's vote as not having been cast in good faith and its treatment of its class's vote is appropriate; but 2) Sprint has standing to appeal the denial of its objection to the confirmation of the reorganization plan and the bankruptcy court erred in confirming the plan of reorganization.

United States Second Circuit, 02/08/2011
In re Adelphia Recovery Trust, No. 09-0799
Bankruptcy Court affirmed in part and reversed in part barring the Adelphia Recovery Trust from pursuing fraudulent conveyance claims against the appellee banks on res judicata and estoppel grounds.

United States Ninth Circuit, 02/10/2011
Barrientos v. Wells Fargo Bank, N.A., No. 09-55810
In an action alleging violation of section 524 must be brought by motion, not via an adversary proceeding.



Thanks to Findlaw.com.

Drown vs O'Keefe

Never let it be said I didn't publish both sides.

From: Evonne Perfect
To: calh@gate.net

Subject: defamation of character
Date: Feb 27, 2011 6:02 PM

Good day ,


I am not sure you aware but the correct name is Drown vs O'Keefe.Veronica O'Keefe's estate owns the car. She paid for the entire car whicih can be proven by the wirre transfer for the exact amount of the car purchase price on the exact date the car was bought. Part of the evidence Drown knows about but was not included in the case. She was a amazing woman and her husband was a WWII veteran aand retired state police officer. Maureen Perfect is the executor of the estate. By the way you have the article tagged it is coming up under Evonne Perfect which is not correct. Please make the correction to the name and the tags. I am sure it was not done on purpose by you but just a reprint of an article.

Please make the corrections to the tags. It was done on purpose by the trustee in order to embarrass me and apply pressure to the courts to reverse their decision. I devote countless hours of my time to help as a political activist and humanitarian. I dont have any moeny but what I dont have in money I give in work hours to improve the lives of others.This trustee has used the laws to attack victims of bankruptcy. Look at some of his other cases. He tried to have mortgage thrown out and over the fact the house was not accurately described. He looks for legal loopholes in order to effectively steal property for his own gain. I am sure you would not want to exploit the public as he does. You seem like a good attorney from what I have researched and your motivation in printing the article is to be a source of info for others which appears altruistic.

Thank you,

Evonne

In the News

Termination of Foreclosure Mitigation Programs

House Financial Services - Subcommittee on Insurance, Housing and Community Opportunity
Subcommittee Hearing
Insurance, Housing and Community Opportunity Subcommittee (Chairwoman Biggert, R-Ill.) of House Financial Services Committee will hold a hearing titled "Legislative Proposals to End Taxpayer Funding for Ineffective Foreclosure Mitigation Programs."
Contact: 202-225-7502
Note: The full committee will mark up these bills March 3.
Date: Wednesday, March 2, 2 p.m.
Place: 2220 Rayburn Bldg.

Agenda:
Draft Bill - The Home Affordable Modification Program (HAMP) Termination Act
Draft Bill - The Neighborhood Stabilization Program Termination Act
Draft Bill - The FHA Refinance Program Termination Act
Draft Bill - The Emergency Mortgage Relief Program Termination Act



Termination of Foreclosure Mitigation Programs

House Financial Services Committee
Full Committee Markup
House Financial Services Committee (Chairman Bachus, R-Ala.) will mark up pending legislation.
Contact: Larry Lavender - Majority Chief of Staff at 202-225-7502
Note: The Insurance and Housing Subcommittee will hold a hearing on the bills March 2.
Date: Thursday, March 3, 10 a.m.
Place: 2128 Rayburn Bldg.

Agenda:
Draft Bill - The Home Affordable Modification Program (HAMP) Termination Act
Draft Bill - The Neighborhood Stabilization Program Termination Act
Draft Bill - The FHA Refinance Program Termination Act
Draft Bill - The Emergency Mortgage Relief Program Termination Act



Limiting Investor and Homeowner Loss in Foreclosure Act of 2010
Senate Judiciary Committee
Full Committee Markup
Senate Judiciary Committee (Chairman Leahy, D-Vt.) will mark up pending legislation and vote on pending nominations.
Contact: Bruce Cohen - Democratic Chief Counsel at 202-224-7703
Date: Thursday, March 3, 10 a.m.
Place: 226 Dirksen Bldg.
Note: S 193, S 49 and D'Agostino and Feighery nominations carried over from Feb. 17.
Agenda:
S 193 - USA PATRIOT Act Sunset Extension Act of 2011
S 49 - Railroad Antitrust Enforcement Act of 2011
S 222 - Limiting Investor and Homeowner Loss in Foreclosure Act of 2010
Caitlin Joan Halligan to be U.S. Circuit Judge for the District of Columbia Circuit
Jimmie V. Reyna to be U.S. Circuit Judge for the Federal Circuit
Mae D'Agostino to be U.S. District Judge for the Northern District of New York
John A. Kronstadt to be U.S. District Judge for the Central District of California
Vincent L. Briccetti to be U.S. District Judge for the Southern District of New York
Arenda L. Wright Allen to be U.S. District Judge for the Eastern District of Virginia
Michael Francis Urbanski to be U.S. District Judge for the Western District of Virginia
Timothy J. Feighery to be chairman, Foreign Claims Settlement Commission

Foreclosure Issues; Neighborhood Stabilization; Debit Card Fees

Federal Reserve System
Advisory Committee Meeting
Consumer Advisory Council of the Federal Reserve Board will meet to discuss foreclosure issues (focusing on loss-mitigation efforts, including the administration's Home Affordable Modification Program, servicing issues related to foreclosures, and the development of national mortgage servicing standards); neighborhood stabilization and REO issues (including issues related to the disposition of real estate owned (REO) properties, the impact of foreclosed and vacant properties on communities and neighborhood stabilization strategies); proposed rules regarding debit card interchange fees and routing .
Contact: Jennifer Kerslake at 202-452-6470
For further information: http://www.gpo.gov/fdsys/pkg/FR-2011-02-22/html/2011-3843.htm

Date: Thursday, March 10, 9 a.m.
Place: Martin Building is located on C Street, NW., between 20th and 21st Streets

HAMP

The House Financial Services Committee will hold a hearing March 2 and vote on legislation on March 3 that would terminate HAMP and other executive branch-run foreclosure prevention programs. Separately, the Senate Judiciary Committee will consider legislation by Sheldon Whitehouse on March 3 that would clarify authority of the bankruptcy courts to establish foreclosure mediation programs (S. 222, the Limiting Investor and Homeowner Loss in Foreclosure Act of 2010). To become law, the legislation identified above would have to be approved by committee, passed on the floor of each chamber, reconciled between the House and Senate, and signed into law by the president, so there are many more steps to go in the process.

CFTC Charges Florida Resident David L. Ortiz and his Companies, Goyep International, Inc. and Royal Returns, Inc., with Defrauding Customers in an Off-Exchange Foreign Currency Scam

http://www.cftc.gov/PressRoom/PressReleases/pr5992-11.html
The CFTC filed an anti-fraud enforcement action against defendants David L. Ortiz of Vero Beach, Fla., and his companies, Goyep International, Inc., of Vero Beach, Fla., and Royal Returns, Inc., of Hollywood, Fla., charging them with operating a fraudulent off-exchange foreign currency (forex) scheme that accepted funds totaling at least $420,000 from at least 10 customers.