High schools hit with a sports injury lawsuit enjoy inherent, institutional advantages that help keep such cases from being settled in favor of the plaintiff — or even from going to trial. An injured student-athlete often is unable to prove negligence on the part of a coach, administrator or school, either because case precedent has already been established in the defendant's favor or, perhaps most significantly, existing state and federal statutes protect schools and their employees.
For example, the Wisconsin Supreme Court last year upheld a lower court's ruling that Brittany Noffke, a high school cheerleader who was injured when she fell from the top of a formation during practice, could not sue the school district for her coach's alleged lack of supervision. Cheerleading is covered by the state's recreational immunity statute, which limits a school's liability for an injury sustained by someone engaging in an athletic or recreational activity on school property. Contact your Local Wisconsin Personal Injury Attorney or Marquette Personal Injury Attorney.
Sunday, July 4, 2010
Oklahoma Bankruptcy Stories
Many people in the midst of bankruptcy feel like indentured servants, said Muskogee bankruptcy attorney Gerald Miller. Bankruptcy laws enacted in 2005 have added burdens to taxpayers, he said. He recalled the saddest case he ever worked with from among thousands.
The husband didn’t have much education and worked in a foundry sweeping floors for minimum wage. “No vacation time — no perks,” he said. “His wife came down with cancer. They didn’t have insurance. She had worked before she got sick.”
The couple had never been on any kind of social or welfare program. The wife incurred several thousand dollars in medical bills the couple couldn’t pay, Miller said. The hospital started garnishing 25 percent of his wages, and the couple filed Chapter 7 bankruptcy (complete liquidation), Miller said. His wife went into remission from the cancer, but several years later got sick again.
“Another large hospital bill – another judgment – another garnishment,” Miller said. “He couldn’t take Chapter 7 bankruptcy again — it hadn’t been eight years since he’d taken the first one.” The couple took Chapter 13 bankruptcy — leaving them very little to live on since they had to pay the hospital bill.
“They struggled for two years,” Miller said. The husband started feeling ill. He worked ill for two days, and then went to the hospital. “He died of pneumonia within a few hours. He had just turned 62,” Miller said.
His wife was left with no means of support and lost her home, Miller said. She owed tens of thousands in medical bills. “I still see his face and her face,” Miller said.
“They never complained — no credit card debt — just $30,000 in medical bills they couldn’t pay. They didn’t have enough money to eat on. “The system failed them — the health care system failed them — the bankruptcy system failed them — and we as a society failed them. “It makes you kind of bitter when you see something like that happen.” Miller had some papers for the widow, but when he tried to find her, she had moved. He doesn’t really know what happened to her.
The new law adds to some people’s troubles who take bankruptcy — there are inequities in the new law, Miller said. Where you live sometimes makes a difference, he said. In the U.S. Northern District of Oklahoma, based in Tulsa, bankruptcy judges interpret some of the new laws different than judges in the U.S. Eastern District, he said.
Filing a Chapter 7 bankruptcy is complete liquidation, he said. Some wanting to keep more assets or whose income is above that qualifying for a Chapter 7, file a Chapter 13 bankruptcy, he said.
In Chapter 13, debtors must reaffirm unsecured debts a bankruptcy judge determines they can pay, said Muskogee bankruptcy attorney Mark Bonney.
“You can keep what you can afford to pay off,” Bonney said. “A judge decides how many toys you get to keep when you’re not paying your credit cards and medical bills, (that are not reaffirmed).”
In a Chapter 13 bankruptcy, in theory, the person pays 100 percent of income not needed for living expenses to pay off debts, usually over a five-year period, Miller said. The problem is the amount the person is allowed for living expenses while paying off that debt, Miller said.
“The amount may not be relevant to what the person’s actual costs of living are,” he said. But almost everybody is in better shape afterward than before taking bankruptcy, he said. Miller and Bonney are in private practice, and Bonney is Chapter 13 bankruptcy trustee for Oklahoma’s Eastern District. Miller is Chapter 7 bankruptcy trustee for the district.
Miller has a 56-year-old client who consented to talk to the Phoenix using only his first name, Mark. The information he gave was confirmed by Miller.
Mark said he and his wife both work and made too much money together to qualify for Chapter 7 bankruptcy when they filed for Chapter 13. But his income went down when the economy took a tumble. “My income has dropped — actually, I was on salary and they switched me to hourly because of the economy,” he said. “My hours dropped way off.”
He said that is what prompted his rollover — his income dropped enough he was able to qualify for a Chapter 7. Before his bankruptcy filing, Mark was diagnosed with cancer and piled up astronomical medical bills.
“Every test I took it seemed it was at least $1,000,” he said. “I had medical insurance, but it only paid 80 percent.”
He said he also had some credit card debt when he filed for bankruptcy, but not a lot. He was paying off medical and credit card bills and a boat under Chapter 13.
“We were paying off debts we rightfully owed,” he said. The boat is gone under the Chapter 7 filing. Losing his boat was “OK — it’s just a boat — it’s a perk, a luxury,” he said. “I wish I could be like the government and spend money not even thinking about paying it back — but that’s not reality,” he said.
In Chapter 13, he and his wife also had to pay a trustee fee of more than $300 a month, as well as the monthly bills. When his income dropped, it became too much, he said. For further informatin, please visit your Local Bankruptcy Attorney or your Local Oklahoma Bankruptcy Attorney.
http://muskogeephoenix.com/local/x1671039186/Medical-bills-lead-to-bankruptcy-for-some
The husband didn’t have much education and worked in a foundry sweeping floors for minimum wage. “No vacation time — no perks,” he said. “His wife came down with cancer. They didn’t have insurance. She had worked before she got sick.”
The couple had never been on any kind of social or welfare program. The wife incurred several thousand dollars in medical bills the couple couldn’t pay, Miller said. The hospital started garnishing 25 percent of his wages, and the couple filed Chapter 7 bankruptcy (complete liquidation), Miller said. His wife went into remission from the cancer, but several years later got sick again.
“Another large hospital bill – another judgment – another garnishment,” Miller said. “He couldn’t take Chapter 7 bankruptcy again — it hadn’t been eight years since he’d taken the first one.” The couple took Chapter 13 bankruptcy — leaving them very little to live on since they had to pay the hospital bill.
“They struggled for two years,” Miller said. The husband started feeling ill. He worked ill for two days, and then went to the hospital. “He died of pneumonia within a few hours. He had just turned 62,” Miller said.
His wife was left with no means of support and lost her home, Miller said. She owed tens of thousands in medical bills. “I still see his face and her face,” Miller said.
“They never complained — no credit card debt — just $30,000 in medical bills they couldn’t pay. They didn’t have enough money to eat on. “The system failed them — the health care system failed them — the bankruptcy system failed them — and we as a society failed them. “It makes you kind of bitter when you see something like that happen.” Miller had some papers for the widow, but when he tried to find her, she had moved. He doesn’t really know what happened to her.
The new law adds to some people’s troubles who take bankruptcy — there are inequities in the new law, Miller said. Where you live sometimes makes a difference, he said. In the U.S. Northern District of Oklahoma, based in Tulsa, bankruptcy judges interpret some of the new laws different than judges in the U.S. Eastern District, he said.
Filing a Chapter 7 bankruptcy is complete liquidation, he said. Some wanting to keep more assets or whose income is above that qualifying for a Chapter 7, file a Chapter 13 bankruptcy, he said.
In Chapter 13, debtors must reaffirm unsecured debts a bankruptcy judge determines they can pay, said Muskogee bankruptcy attorney Mark Bonney.
“You can keep what you can afford to pay off,” Bonney said. “A judge decides how many toys you get to keep when you’re not paying your credit cards and medical bills, (that are not reaffirmed).”
In a Chapter 13 bankruptcy, in theory, the person pays 100 percent of income not needed for living expenses to pay off debts, usually over a five-year period, Miller said. The problem is the amount the person is allowed for living expenses while paying off that debt, Miller said.
“The amount may not be relevant to what the person’s actual costs of living are,” he said. But almost everybody is in better shape afterward than before taking bankruptcy, he said. Miller and Bonney are in private practice, and Bonney is Chapter 13 bankruptcy trustee for Oklahoma’s Eastern District. Miller is Chapter 7 bankruptcy trustee for the district.
Miller has a 56-year-old client who consented to talk to the Phoenix using only his first name, Mark. The information he gave was confirmed by Miller.
Mark said he and his wife both work and made too much money together to qualify for Chapter 7 bankruptcy when they filed for Chapter 13. But his income went down when the economy took a tumble. “My income has dropped — actually, I was on salary and they switched me to hourly because of the economy,” he said. “My hours dropped way off.”
He said that is what prompted his rollover — his income dropped enough he was able to qualify for a Chapter 7. Before his bankruptcy filing, Mark was diagnosed with cancer and piled up astronomical medical bills.
“Every test I took it seemed it was at least $1,000,” he said. “I had medical insurance, but it only paid 80 percent.”
He said he also had some credit card debt when he filed for bankruptcy, but not a lot. He was paying off medical and credit card bills and a boat under Chapter 13.
“We were paying off debts we rightfully owed,” he said. The boat is gone under the Chapter 7 filing. Losing his boat was “OK — it’s just a boat — it’s a perk, a luxury,” he said. “I wish I could be like the government and spend money not even thinking about paying it back — but that’s not reality,” he said.
In Chapter 13, he and his wife also had to pay a trustee fee of more than $300 a month, as well as the monthly bills. When his income dropped, it became too much, he said. For further informatin, please visit your Local Bankruptcy Attorney or your Local Oklahoma Bankruptcy Attorney.
http://muskogeephoenix.com/local/x1671039186/Medical-bills-lead-to-bankruptcy-for-some
Friday, July 2, 2010
QB Brunell files for Bankruptcy
Before filing for bankruptcy protection, NFL quarterback Mark Brunell made sure to take good care of his family, spending more than $50,000 in gifts during the past year, including payments for his parents' mortgage and contributions to college funds for his niece and nephew. Left holding the bag are those who lent Brunell nearly $25 million for various investments that went belly-up.
Those are among the revelations in a detailed look at Brunell's bankruptcy filing in the Florida Times-Union, which reports that Brunell has assets of $5.5 million but owes $24.7 million, mostly through a real estate and development partnership he's involved in.
"They bought some land and they got killed, like a lot of people did," said attorney Rick Wilcox, who handled the bankruptcy filing for Brunell.
It's true that a lot of people got burned in bad land deals, but it's a little disingenuous for Wilcox to suggest that Brunell was just a victim of bad luck when the real estate market crashed. Brunell was also the victim of his own personal spending habits, including a $3.1 million home, those gifts to family members, and $155,000 he donated to his church last year.
Brunell is currently a free agent who's expected to sign with the New York Jets when training camp starts. For further information, please visit your Broward County Bankruptcy Attorney.
Those are among the revelations in a detailed look at Brunell's bankruptcy filing in the Florida Times-Union, which reports that Brunell has assets of $5.5 million but owes $24.7 million, mostly through a real estate and development partnership he's involved in.
"They bought some land and they got killed, like a lot of people did," said attorney Rick Wilcox, who handled the bankruptcy filing for Brunell.
It's true that a lot of people got burned in bad land deals, but it's a little disingenuous for Wilcox to suggest that Brunell was just a victim of bad luck when the real estate market crashed. Brunell was also the victim of his own personal spending habits, including a $3.1 million home, those gifts to family members, and $155,000 he donated to his church last year.
Brunell is currently a free agent who's expected to sign with the New York Jets when training camp starts. For further information, please visit your Broward County Bankruptcy Attorney.
Former Pittsburg NFL Pro Bowler files for Bankruptcy
Retired former Pittsburgh Steelers All-Pro center Dermontti Dawson filed for Chapter 7 bankruptcy this week in U.S. Bankruptcy Court in Lexington, Ky.
Per the Lexington Herald-Leader, Dawson has assets of $1.417,891 million with liabilities of $69.659 million. He lists a monthly income as $17,972 and expenses of $19,635.18. Like bankrupt former Jacksonville Jaguars quarterback Mark Brunell, Dawson's debts are primarily linked to failed real estate ventures.
"Unfortunately, my personal guaranty exposure on the debts of numerous real estate interests has led to the Chapter 7 filing," Dawson said. "Today's real estate market and economic conditions, plus the fact that I own non-controlling minority interests in the entities which own the real estate, left me with limited options. I certainly wish things had turned out differently and look forward to continuing my contributions to this community."
Dawson made it to seven Pro Bowls in 13 seasons with the Steelers before retiring from the NFL in 2001. He was a finalist for the Pro Football Hall of Fame last year and this year. He was once the highest-paid offensive lineman in Steelers history with an average salary of $4.2 million per year. For further information, contact your Fayette County Bankruptcy Attorney.
http://www.nationalfootballpost.com/Dermontti-Dawson-files-for-bankruptcy.html
Per the Lexington Herald-Leader, Dawson has assets of $1.417,891 million with liabilities of $69.659 million. He lists a monthly income as $17,972 and expenses of $19,635.18. Like bankrupt former Jacksonville Jaguars quarterback Mark Brunell, Dawson's debts are primarily linked to failed real estate ventures.
"Unfortunately, my personal guaranty exposure on the debts of numerous real estate interests has led to the Chapter 7 filing," Dawson said. "Today's real estate market and economic conditions, plus the fact that I own non-controlling minority interests in the entities which own the real estate, left me with limited options. I certainly wish things had turned out differently and look forward to continuing my contributions to this community."
Dawson made it to seven Pro Bowls in 13 seasons with the Steelers before retiring from the NFL in 2001. He was a finalist for the Pro Football Hall of Fame last year and this year. He was once the highest-paid offensive lineman in Steelers history with an average salary of $4.2 million per year. For further information, contact your Fayette County Bankruptcy Attorney.
http://www.nationalfootballpost.com/Dermontti-Dawson-files-for-bankruptcy.html
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