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April 2011 Archives

Does my name go in the newspapers when I file Bankruptcy?

Although the fact that you filed a bankruptcy is a "public record," they have not put that information in the newspapers here locally for years.  Frankly, that would be some voluminous information.  We understand that you are not proud of the fact that you had to turn to your debt relief options, but life happens.  Death, divorce, loss of job, reduction in income, medical emergencies happen.  When they do, you sometimes incur a burdensome amount of debt.  Many times, people can actually afford to pay the original debt over time, but the ridiculous interest rates make it impossible to ever get back on your feet.

Drugs and Search of the Car

In a case out of Dallas, the Texas Appellate Court reviewed a case where following the defendant's refusal of consent to a vehicle search, the officer had reasonable suspicion to detain the defendant pending a dog sniff, given the officer's observations of two air fresheners and a can of Febreeze and the defendant's body language indicating, the the officer's view, deceptions.  "When the officer returned to where the defendant was standing and asked for consent to search the vehicle, the defendant turned and looked at his vehicle and turned back and 'kind of hesitated' before refusing consent to search.

Anonymous Callers and DWI in Texas

The Texas State Trooper had reasonable suspicion to stop the defendant for DWI, even though the trooper did not personally observe any signs of intoxication, where citizen called 911 and reported that the defendant was intoxicated, caused a disturbance at a bar, and had departed the bar in the vehicle.  The information provided by the 911 caller was sufficiently corroborated by the trooper, including the vehicle's description, license plate number, and travel route.  Importantly, the "trooper inquired into the reliability of the 911 caller and confirmed that the 911 caller, by giving his name and address, had put himself in a position to be held accountable for his intervention."

Miranda and Jokes with the Police

In a case out of Tyler, Texas, the interaction with the officer was deemed a "consensual encounter," despite the officer's statement to the defendant that his removal of petrified wood from a federal forest was illegal, because the defendant and officer joked during the conversation.  Although the officer wore a uniform and had a badge and gun, there was no evidence that the officer subjected the defendant to physical force or a show of authority.

Search and Seizures with Socks and Shoes

In Barriere v. State, the defendant was not under "arrest," even though he was asked by the officer to remove his shoes and socks.  The officer asked the defendant to remove his shoes and socks, both so that the officer could search them for additional evidence and so that the defendant would have a harder time running if he tried to flee.  The degree of intrusion was minimal.

Chapter 7 Bankruptcy in Collin County

Many people have had to turn to relief under the Bankruptcy Code in Collin County, Texas.  Chapter 7 Bankruptcy is often the chapter of bankruptcy that many debtors choose if they pass the Means Test.  Chapter 7 is often the most appropriate chapter if the debtor is current on the homestead, current on the cars, and has unsecured debt that is unaffordable.

Blockbuster Bankruptcy Could Hit Employees Where it Hurts

When big businesses file for bankruptcy, there is a ripple effect that occurs. Not only do the shareholders and suppliers suffer, as well as any lenders who are owed outstanding debts, but the company's employees take a tough hit to their job security, pocketbooks and overall confidence in having to find a decent job in a down economy. This may be the case for Blockbuster employees in both its Dallas and McKinney, Texas locations.

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