Mystery Workout Gadgetry

A while back, I decided to start trying random things around the gym for which I absolutely could not tell their intended purpose.

After a bit of awkward staring at people while they used the mystery gadgetry to try and scope out what it is they did with said enigmas, I've tried a few out.  My favorite so far?



I use this...                                         to do this...                                    while holding this against my chest.

I feel pretty fierce every time I do it.  I do 3 sets of 15, 3 ways - first to the center, then turned to the right, then turned to the left, totaling 90 reps.  If need be, I sometimes I take a break and put the weight down for a set.  It works my back, bum, calves, back of my thighs, and my obliques remarkably well.  It always leaves me satisfyingly sore the next day.

My challenge for this evening: to conquer that again, as well as to plank for 3 minutes.  But, instead of my usual routine which consists of 1 minute of planking then 30 seconds of rest repeated thrice, I'm going to do do 1 minute 30 seconds with 45 seconds of rest twice.

Any new, interesting things that  you all have tried lately?  

My week of getting back on track is a success so far!  Granted, I'm only 1.5 days into it, but it's going well nonetheless.  

I hope your week is going well, too!  

YO. Reality Check (one two, what is this?!)

So, you remember that on and off switch I mentioned a while back?  Well, I know I said that I was ready to turn the whole weight loss thing up a notch because I've been too casual about it lately.

That hasn't happened yet.  

Time for some honesty, people.  When I go quiet, it's because I'm ashamed.  And here is why.

I've been burning the candle from both ends and then once it was out, picked up the wax, melted it, stuck a piece of yarn in it to try and reuse it as a candle until eventually I was out of light and had acquired a pointless ball of waxy stuff.  I burned myself out, but it's been fun.  Downside?  I'm back up to 196lbs, peoples.  I was down to 188, but I've had a complete lack of self-control with food in the midst of all the fun I've had.  

I made myself take a break from freaking out and being so obsessive over losing weight.  I needed to lighten up and do a bit of living.  The problem is, I let myself go a little too far.  SWITCH - off.  I had such a good balance going around the beginning of July and got down to 188, but then started finding comfort in food when a lot of life changes began overwhelming me a bit.

What do do you when life comes at you from every which way?  I've freaked out a little bit, which I'm sure you can tell looking back at my more recent blogs.  Finding balance, questioning things, feeling defeated, losing focus - these things happen.  But, it sucks.  I got it together for a little while, but I'm still a bit flustered.  

In an effort to regroup, I've been reading up on some of life's biggest stress-causers.  Change, even great change, can throw you for a loop!  I'm still in mid-loop-throw, it would seem.  But, a good chat with your parents, some organization, and structure go a long way.

So, unless it involves some sweet, old-school hiphop, no buggin' out necessary.  

Early Termination Provision Does Not Apply to Estate Property

In another twist on the evolving interpretation of BAPCPA, a court in Texas has ruled that failure to extend the automatic stay in a subsequent filing does not affect property of the estate that is not claimed by the debtor as exempt.   In re Scott-Hood, No. 11-53580 (Bankr. W.D. Tex. 6/15/12), which can be found here.

In the Scott-Hood case, the Debtor had one prior chapter 13 case dismissed and then filed a new chapter 13 proceeding.   However, the Debtor did not request an extension of the automatic stay pursuant to section 362(c)(3).     JP Morgan Chase Bank filed a Motion for Order Confirming Termination of Automatic Stay which was granted.   The Debtor then filed a motion for reconsideration arguing that section 362(c)(3) was limited to property of the Debtor, not property of the estate.    The Court ultimately agreed.

According to section 362(c)(3)(A), failure to request extension of the stay in a subsequent case means that:

(T)he stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30^th day after the filing of the later case.

Because the Debtor did not file a motion to extend the automatic stay, it was necessary for the court to determine what the consequence under section 362(c)(3)(A) was.    The Court noted that there was a split in the cases as to whether the stay terminated as to all property or just the debtor’s property.    The Court noted that this was important in the San Antonio Division of the Western District of Texas because the Standing Order for Chapter 13 cases provides that upon confirmation, property does not revest in the Debtor.   The Court noted:

Thus, in the San Antonio Division of the Western District of Texas, where property of the bankruptcy estate encompasses all property of the debtor as of filing, plus all property acquired post-petition and earnings from services performed post-petition, (citation omitted), an early termination of the stay under section 362(c)(3)(A) could be meaningless.   

 Opinion, p. 3.

After an analysis of the statutory text and legislative history, the Court concluded that the statute meant exactly what it said:  “with respect to the debtor” was limited to the debtor’s property, not the estate’s property.

The result reached by the foregoing textual analysis may be less than optimal.   The fact that the scope of relief is less robust than creditors who lobbied for this legislation might have hoped for, however, is not reason to conclude that the statute is “truly absurd.”    It has meaning.   It just doesn’t have the meaning that the creditor wants it to have.   So it often is with statutes.  They fail to deliver on the expectations of those who zealously worked for their passage.    By the same token, however, the statute does deliver more relief, in this court’s view, than the majority view says it delivers.   That too is but another consequence of the way the statute is written and how it intersects with the rest of the Bankruptcy Code.   The court’s job is not to select the optimal policy outcome but to discover the intent of the drafters of the legislation to the extent that can be done with the interpretive tools available. . . . 

After reviewing both the plain language of the statute itself, as well as its narrow context within section 362 and its broader context within the Bankruptcy Code, the court concludes that section 362(c)(3)(A) terminates the stay only with respect to the debtor individually, with respect to the debtor’s exempt property that stands as collateral for a debt of the debtor, and with respect to certain leases.   It does not terminate with respect to property of the estate.

Opinion, pp. 7-8. 

This result will provide a lot of relief to chapter 7 trustees and some relief to less than diligent debtor’s attorneys.   For chapter 7 trustees, who may not see a case until 30 days after it is filed, it means that they do not lose control over non-exempt assets that are subject to a lien but may have equity.   

For debtor’s lawyers who may not be aware of this new provision (it is not even seven years old so far) or who fail to catch a prior case, the benefit may be less dramatic.   Debtors typically file chapter 13 to protect their exempt property, such as homes and cars.     Under Judge Clark’s ruling, exempt property of the debtor is still subject to early termination of the stay.   However, there is an interesting quirk here.   All property of the debtor, including exempt property, initially enters the estate.   It is only when an exemption becomes final that the property leaves the estate.   Consider this scenario:   a debtor files a subsequent case and claims his truck as exempt.   However, he does not file a motion to extent the stay.   At the conclusion of 30 days, the stay terminates.   However, the truck is still property of the estate.    The property will not leave the estate until 30 days after the first meeting of creditors at the earliest.    If the debtor’s attorney realizes his mistake during the period between 30 days after the petition date and the date that exemptions become final, he can simply amend his exemptions to delete the exemption.   In that instance, the property remains property of the estate and the early termination clause never takes effect.

Pacific Meso Center 5K Walk and BBQ - October 14, 2012

In December of 2011, The Pacific Meso Center recently announced the opening of its new state-of-the-art mesothelioma research laboratory.  The lab was dedicated solely to discover new treatments for malignant pleural mesothelioma.  The research laboratory will provide laboratory-to-the-bedside research with a goal to improve mesothelioma victims’ lives and longevity.

On Sunday, October 14th 2012, the PMC is holding their inaugural 5K walk and barbeque to raise awareness about mesothelioma and to pay tribute to those who have fought the disease or are still fighting. All proceeds benefit the PMC’s laboratory at UCLA and PMC’s laboratory on Santa Monica Boulevard.  Click here for more information.

Join us as we, together with the Pacific Meso Center, walk-the-walk and talk-the-talk in finding new and better ways of treating malignant pleural mesothelioma.

Sunday, October 14th 2012

Paramount Ranch

2903 CORNELL RD, Agoura Hills, California 91301

Registration opens 10:00 a.m.

Walk commences 11 a.m. – 12:00 p.m.

BBQ in the old Western Town 12:00 p.m. – 1:30 p.m.

Feel free to contact Clare Cameron at 310-478-4678 or email her at ccameron@phlbi.org

How important is my Credit Score?

Back in June, Attorney Trask spoke on a panel to address some of the public’s concerns regarding divorce, short sales, foreclosures and bankruptcies. The other members of the panel included a financial advisor and a mortgage broker. Of particular concern to the attendees was the harm to someone’s credit that could be caused by bankruptcy, foreclosure, or falling behind on payments on any number of consumer debts an individual may have.

The mortgage broker’s point was stark: “you are your credit score”. The observation garnered some mumbling from the crowd, but the point was clear: In the current economy where the cost of living exceeds an individual’s ability to save for a major (and necessary) purchase like housing, the only practical way for “the 99%” to acquire housing is to rent or purchase with a mortgage from a bank. However your ultimate ability to do so often comes down to a three-digit number maintained by any number of credit reporting bureaus.

A credit bureau is a private business that sells information – nothing more. The information that they sell is data reported to them by your creditors for things such as account and payment history, balances, late payments, and available credit. That information is churned through an algorithm to determine your “creditworthiness” and is expressed as a number. Depending on the agency, the scores can vary, but generally, a FICO credit score ranges between 300 and 850; a VantageScore score ranges from 501-990.

Your credit score is essentially a measure of your financial health that banks and other lenders use these scores to measure eligibility for mortgages, credit cards and a wide variety of other consumer loans. Some landlords check them to screen prospective renters, and some companies check credit reports before hiring a new employee. Low scores or problematic credit histories can mean higher interest rates or rejected applications.

Despite the importance that fair and accurate credit history reporting holds on an individual’s ability to obtain housing, employment, or other consumer loans, the various credit reporting agencies were under fairly lax legislative oversight. The Fair Credit Reporting Act required that all information contained in a report be “accurate”, but did little to specify any procedure to ensure accuracy. The FCRA primarily provides a mechanism to disclose the information contained in the report to a consumer – not to redress inaccuracies in the report itself. A consumer is entitled to a free credit report (but not a free credit score) within 60 days of any adverse action (e.g. being denied credit, or receiving substandard credit terms from a lender) taken as a result of their credit score.

However, there seems to be some change on the horizon.

In addition to the Fair Credit Reporting Act, Under the Wall Street Reform Bill passed on July 22, 2010, a consumer is entitled to receive a free credit score if they are denied a loan or insurance due to their credit score. Also, the newly-created U.S. Consumer Financial Protection Bureau (CFFB) has indicated an intention to provide additional federal oversight of credit reports in an effort to ensure accuracy, and will be able to conduct an investigation of the offending reporting agency in the event of a consumer complaint. These changes were discussed in our previous post as well:  Is the Government Monitoring your Credit Report?

Is the Government Monitoring your Credit Report?

Yesterday afternoon, the lead headline at DrudgeReport.com was that the U.S. Government is going to begin Monitoring Credit Reports. It would appear that, in typical Drudge style, the headline sought to create fear and distrust, implying that the government was concerned about who you were borrowing money from. This particular article remained up for only a short time, and was quickly taken down to address the more urgent matter: Democrats plan to use Batman Against Romney

An in-depth review of the Credit Report Article would suggest a more benign use of the new U.S. Consumer Financial Protection Bureau (CFFB). According to CFFB director Richard Cordray, beginning on September 30, 2012, the bureau seeks to extend oversight of the 30 largest credit reporting bureaus, which make up about 94% of the credit reporting industry in the United States. Such oversight would help ensure the accuracy of information contained in the reports, provide redress for individuals who have fallen victim to inaccurately-reported information, and provide “clarification as to what the Fair Credit Reporting Act requires of credit bureaus”.

Such an overhaul of the regulatory oversight would seem appropriate, given the importance of credit scores in today’s economy. Banks and other lenders use these scores to measure eligibility for mortgages, credit cards and a wide variety of other consumer loans. Some landlords check them to screen prospective renters, and some companies check credit reports before hiring a new employee. Low scores or problematic credit histories can mean higher interest rates or rejected applications.

A more accurate headline for Drudge to use would have been the actual headline: Consumer bureau to police credit reporting bureaus.  Given the immense power the credit bureaus have over your finances based on how they report your information, perhaps this is a good thing (inasmuch as any further government regulation can be a good thing).

Tour Des Chutes Raises $125,000 for Cancer Survivorship

TdC emcee Roger Worthington
interviewing Karsten Hagen,
a 43 year old prostate
cancer survivor.  One year after
his prostatectomy, Mr. Hagen
feels great and has
even improved his performance
in the time trial.

On a brilliant day with alternating sunny blue skies and rumbling thunderstorms, the 8th annual Tour Des Chutes sent a strong message that, when it comes to surviving cancer, you are not alone.

Over 1,400 riders, from 16 states and ranging from age 2 to 93, pinned their numbers on and rode from 8 to 100 miles for somebody they know who has cancer or died from it. It was a picture perfect day, with the majestic snow capped Cascade Mountain Range as the soaring backdrop.  The riders rode with a purpose: as in life, there were moments of reverence, a time to put the head down and grind away, and those special moments when the exuberance could barely be contained.

The TdC has come a long way in a short time. The Pacific Meso Center is proud to be a yellow jersey sponsor for the fourth year in a row. Last year, the TdC raised over $100,000, a record many thought would be tough to break. But this year, thanks to the generous support of sponsors like the PMC, the TdC exceeded expectations by raising over $125,000. 

Since the TdC is an all volunteer effort, the lion share of that net revenue goes directly to a cancer survivorship at the St. Charles Medical Center in Bend, Oregon. St. Charles provides cancer treatment as well as a bevy of useful support programs for both patients and their loved ones.  A few of the these programs include a monthly DEFEAT cancer dinner, a Young Adult Survivor Network (age 18-40), the Soaring Spirits Camp (a fun retreat for children at nearby Suttle Lake), Nurse Navigators, Cancer and the Arts, and the Support Sisters and Brothers network, a mentorship program that matches one year survivor "veterans" with newly diagnosed patients.

Every finisher was greeted by a
 throng of supporters who
jubiliantly clanged their cowbells.
Cancer survivors got a special
treat - a beautiful yellow
rose. Over 100 of the
1400 participants were
cancer survivors.

On a day filled with joy, laughter, music, food and good old fashioned exercise induced salty sweat, there was unfortunately one dark cloud. The man who hatched the idea at his kitchen table with a few friends in 2004, Gary Bonacker, himself a brain tumor survivor, was forced to sit this years' event out. Gary was struck by a seizure a few days earlier and hospitalized.  Dozens of friends wore a picture of Gary on their jersey to show their love and support for this incredibly strong, resilient and inspiring pillar of the community.  We wish him (another) speedy recovery.

The organizers have reason to feel optimistic. The trend is upward and to the right. Ridership is up. The volunteer army is swelling. The organization gets crisper every year. The food and beverages are always top notch, as are the musicians who provide the upbeat entertainment. Several titans from the medical and pharmaceutical worlds have taken notice of this up and coming fundraiser in Central Oregon.  Next year, we hope we can report not only more riders, but also more sponsorship money.  None of it would be possible without the leadership of Gary and his devoted crew of directors and volunteers.  

Thanks to everybody who helped make the 8th Annual Tour Des Chutes the best one ever.

Cheers!

  

RGW

7/15/2012

US Trustees Release New Figures for Median Family Income

The United States Department of Justice twice per year releases new Median Family income figures for each state and territory.  These figures are used to calculate a debtor's eligibility to file for bankruptcy under Chapter 7 of the Bankruptcy Code. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the Court dismiss your cases under Section 707(b) of the Bankruptcy Code.

It is ultimately up to the Bankruptcy Judge to decide whether the case should be dismissed. However, if your income exceeds the median family income then a presumption arises under part (a) of the Means Test that you do not qualify for a chapter 7 bankruptcy.

The Means Test calculation compares your average monthly income (as calculated over the last six (6) months) to the median family income in your state for a household of your size. If your average monthly income is lower than the median family income for your state of residence and family size, then you meet the means test and there is a presumption that you may file for Chapter 7 relief.

If your income is greater than the median income for your state of residence and family size, you still might meet part (b) of the means test after taking into consideration certain expenses as defined by the Bankruptcy Code and other deductions, including regular charitable donations (up to 15% of your income), school expenses, payments on 401(k)/IRA loans, and health Insurance.  If you are subject to this calculation an attorney can help you perform this task.

The Median Family Income for Massachusetts as of November 1, 2011 were as follows:

Family size 1: $53,496 per year
Family size 2: $64,174 per year
Family size 3: $80,337 per year
Family size 4: $99,067 per year

add an additional $7,500 per year for each additional household member.

These figures went up approximately $2,000 per category per year on May 1, 2012.

The Median Family Income for Massachusetts as of May 1, 2012 are as follows:

Family size 1: $55,185 per year
Family size 2: $66,200 per year
Family size 3: $82,873 per year
Family size 4: $102,194 per year

add an additional $7,500 per year for each additional household member.

Click here to learn more about The Means Test or use our Means Test Calculator.

To have an attorney help you with these calculations call 508.655.5980 to schedule a consultation or e-mail us here.

When it's my turn, I'll bring your shoes...

In a few hours, I'm going to meet my family at a little lake in a small town not too far from here.

A few months ago, my Uncle passed away.  He was an awesome man.  He was a lovely human being, a cool Uncle, was as goofy as the rest of us, could tell a story a mile long (a few times...), loved the outdoors, loved music, and loved us.

They have a little cottage on that lake I'm going to visit tonight, and this is the first summer we've been there without him.  It was bizarre, but it felt like he'd just taken the kids out for a ride in the boat and wasn't back yet.  And then, I caught a glimpse of a silly thing.

I thought, "Oh - his shoes..."  Then, I remembered those were my dad's.  The guys loved these shoes.  My brother got them, then so did Dad.  Then, Jim did, too.

And then I remembered, "Wait.  No.  Those aren't his shoes..."

And it hit me.

My Aunt gave me a hug and told me that my Uncle was so very proud of me and would have loved to tell me so himself.  The way she said it, I could just see him, pleased as punch, knowing that I'd made this huge change in my life.  Allowing myself to really live.  It's been great, and I know he was proud.  He was when he saw me at 40lbs lost, and I know he'd have been just as delighted at nearly 130lbs lost.

Tonight, his ashes are going to one of his favorite places; this quaint little lake where we all have years of great memories with him.

It feels good to know that I made him proud.  I'm going to miss him.  

Hot diggity dog.

This is my family's dog Kylie.  She's pretty much wonderful in every way.

Except when I'm trying to work out...

As soon as she sees me in workout attire, she gets so excited it's ridiculous and knows that the likelihood of a W-A-L-K is significantly higher.  She'll swat at my legs until I give in.  Or, if I opt to do something like, ohhhhhh - I don't know...  Stretch, or do pilates, or something, she's instantly all up in your space and ready for a cuddle.  "Yes, Kylie, doing these pilates moves on my side just happens to be the ideal position for you to spoon with me, but this isn't working out so well..."  On the elliptical?  She'll sit there, stare at me, and occasionally swat my foot as it goes by.


This time?  Well, there you have it.