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4478 ����������� ������������ ����������������, ���� 95677 f1c682f8b542ed68fd8e6d2a81821b92 ylee's Law. The petition has garnered nearly 1.3 million signatures to date.The quick response by so many state legislatures to write versions of the law has drawn criticism."Caylee's Law is a legislative reaction to the public's frustration with the Casey Anthony verdict," said Pace (NY) Law School professor Leslie Garfield, a graduate of UF's Levin College of Law. "Legislators in our country have a history of proposing laws that are reactionary to public outcry following perceived injustice to children."Hager doesn't shy away from that sentiment, but said that doesn't mean the law doesn't have merit."My bill was, in fact, a response to a high-profile crime," Hager said. "And No. 2, this alleged crime occurred in 2008, so my arithmetic suggests that three years is not a knee-jerk response. This is going through a formal process, like every bill goes through."In November a Senate Select Committee on Protecting Florida's Children which was formed in response to A Jordan E. Bublick - Miami Bankruptcy Lawyer - Kendall & Aventura Offices - (305) 891-4055 - www.bublicklaw.com

On September 4, 2014, the United States Court of Appeals for the 11th Circuit Court of Appeals addressed the "party aggrieved" doctrine in the case of Benjamin Atkinson v. Ernie Haire Ford, Inc. (In Re: Ernie Ford, Inc.), 2014 WL 4358417.

Party Aggrieved Requirement

The Court explained that, as bankruptcy cases often involve numerous creditors who are dissatisfied with any compromise that jeopardizes the full payment of their outstanding claims against the bankrupt, that "special rules have been developed to govern which parties my appeal a bankruptcy court order. The Court reviewed that courts continue to apply this rule, which was codified in the 1898 Bankruptcy Act, that only a  "person aggrieved" can appeal a bankruptcy court order.

Definition of a Party Aggrieved

The Court cited its previous holding in the case of In re Westwood Cmty. Two Ass'n v. Barbee (In re Westwood Cmty. Two Ass'n) 293 F.3d 1332 (11th Cir. 2002) which defined a party aggrieved as those individuals that are "directly, adversely, and pecuniarily, affect[ed]" by a bankruptcy court's order." This case further explained that "[a]n order will directly, adversely, and pecuniarily affect a person if that order diminishes their property, increases their burdens, or impairs their rights."

Bankruptcy Code Interests

The Court further held that it agreed with other circuit courts which have held that a person is not "aggrieved" when the interests harmed by the court order are "not the interests that the Bankruptcy Code seeks to protect or regulate." The Court cited another case which states that this doctrine was developed to limit appeals of bankruptcy court to avoid "endless appeals brought by the myriad of parties who are indirectly affected by every bankruptcy court order." It explained that the purpose of this doctrine was to ensure that the goals of bankruptcy are not derailed by a flood of appeals" by those parties "who do not suffer a direct harm to interests the Bankruptcy Code seeks to protect or regulate." It further stated that the allowance of appeals from parties who have suffered "only an indirect harm or who hold interests outside of the scope of the Bankruptcy Code would defeat the very purpose underlying our person aggrieved standard."

Further References

The Court in In re Randy L. Jones, Case 09-11551-MGW (Bankr. M.D. Florida 2013) (Williamson, J), applied the party aggrieved doctrine in a chapter 13 case  to avoid the Chapter 13 trustee's objections to an attorney fee settlement as the unsecured creditors were being paid 100%.

A lengthy law review article published in 2010 on the party aggrieved doctrine is available entitled "Non-Pecuniary Interests and the Injudicious Limits of Appellate Standing in Bankruptcy" by S. Todd Brown. 

Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com

You want to look at your credit report a few times a year, just to be sure there are no shenanigans.  The problem is in determining what is a credit report.

The Consumer Report – What It Is, And What It Is Not
The Fair Credit Reporting Act does not define a credit report.  Rather, it uses the term “consumer report” because the law applies only to consumers.  That’s not to say that it excludes business debt, merely that only natural human beings are covered here.
15 USC 1681a(d)(1) says that a “consumer report” is:
any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for—

• credit or insurance to be used primarily for personal, family, or household purposes;
• employment purposes; or
• any other purpose authorized as a permissible purpose under the Fair Credit Reporting Act.

Excluded from the definition of a consumer report are the following:

• any report containing information solely as to transactions or experiences between the consumer and the person making the report;
• communication of that information among persons related by common ownership or affiliated by corporate control;
• communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons;
• any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
• any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title;
• communications made to a prospective employer for the purpose of procuring an employee for the employer; or
• communications made to a prospective employer for the purpose of procuring an opportunity for a natural person to work for the employer.

Your Credit Report Is Not Your File
The credit reporting agency has a thick file on you (on me as well, so don’t get paranoid).  That file contains all of the information held about you by the credit reporting agency.  The credit report, however, is the information contained within that file that is sent to someone else.
You have the ability to get a copy of the entire file merely by requesting it from the credit reporting agency.  There’s no fancy form to fill out, though you will need to make sure that you’re sending the request to the right place (in case it gets lost in the shuffle).
Your Credit Report Must Come From A Credit Reporting Agency
If your brother takes all of your financial records and turns the information into a spreadsheet, that’s not a credit report.  Why?  Because a credit report is a communication of certain information by a credit reporting agency.  And a credit reporting agency is a person or business that collects this sort of information specifically for the purpose of providing consumer reports.  So unless your brother goes around doing this sort of thing as a business, that spreadsheet doesn’t fit the bill.
The post What Is a Credit Report? appeared first on Shaev & Fleischman LLP.

The filing of a bankruptcy automatically stops the ability of most creditors to collect their debts.  There are some exceptions to this rule, but they are very rare.  This great video explains the basics of bankruptcy, the players, the process and the expectations.  The Foster Smith, a Michigan law firm, created this great video on the basic issues for creditors in a chapter 7 bankruptcy.
Warning – no creditor should take any action against the debtor or property of the debtor.  Talk to experienced bankruptcy counsel to determine your rights.

The post Creditor’s Rights in a Chapter 7 Bankruptcy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.