It is expected that the Tennessee Department of Mental Health and Substance Abuse Services (TDMHSAS) will create nine “recovery courts” that will handle much of what the currently being handled by specialized “drug courts, mental health courts, and veteran’s courts.”  Seems like a pretty tall order.

No doubt Tennessee continues to battle the growing problem involving the abuse of prescription drugs.  Some think that a combining the courts into these “recovery courts” is at least a path to the answer.

In a press release, TDMHSAS Commissioner Douglas Varney said. “We need to focus all of our resources in the most efficient, effective, and collaborative way to maximize our impact on this issue and drug abuse overall. And because so many people who are dealing with a substance abuse issue also have a mental health issue – a situation referred to as a co-occurring disorder – these recovery courts will be able to help them get all the help that they need at one time and in one location.”  I hope he’s correct.

The location of the new recovery courts has not yet been decided.  However, it’s reasonable to believe that the counties that are currently operating drug courts would be good candidates.  This is especially true given the fact the drug court program is voluntary.

Sevier County, Knox County, and Blount County all currently operate their own drug courts.  For a listing of the other counties that operate drug courts please see this listing of drug courts in Tennessee.  Although there are 10 drug courts that are not funded by TDMHSAS, the three counties list above each receive funding from TDMHSAS.

Judge Duane Sloane is a strong advocate for drug courts.  Although the benefits of the drug courts are not limited to finances, it costs far less (about $5,000 per year) than the cost of incarceration which runs upwards of $35,000.  Judge Sloan has said,  “Drug court is a win-win scenario for tax payers and offenders.”

Photo Credit:  Gregg Oconnell

My Grandsons Love the Mountains

I just spent a bunch of hours with my two grandsons.  Not enough hours to be sure.

As I laughed with them, the joy that just comes naturally is overwhelming.

These two young boys are full of joy because they are full of life.

They are full of joy because they experience unconditional love of their mom and dad.

They are full of joy because they experience unconditional love of both sets of grandparents.

It’s kind of got me to thinking:  Love is a pretty special thing.

I’m not talking about lust, but really love:  I love you because you are.  I love you even if you don’t act the way I’d prefer.  I love you even if you are mean to your sibling.  I love you even if you demand constant attention.  I love you even if you think the world revolves around you.

You see, this kind of love is just unconditional.  And it’s good.

It’s good to feel inside.

It’s good to observe from the outside.

It’s good to reflect upon.

I hope you are experiencing this kind of love today.

I hope you are granting to someone else this kind of love today.

When we turn on the radio, the TV or surf the net we often get bombarded with some pretty bad stuff.  You’ve got the answer:  unconditional love.

Will you give it?

Love to hear your thoughts in the comments below.

What do you do to uplift, inspire or encourage others?

If you found this meaningful, please share it with others.

I’m not vouching for the reporting,  so please make your own judgment.

Pilot Flying J hires prominent attorney as a “special independent counsel” to investigate the fraud claims.

http://www.cleveland.com/business/index.ssf/2013/05/pilot_flying_j_names_prominent.html

Video:  Pilot Flying J owner Jimmy Haslan spoke about the FBI raid on the company last week, describing it as the “most painful 48 hours of business” he’s ever seen.   In it he outlined the company’s five-step plan to get back on track.

http://www.usatoday.com/story/news/nation/2013/04/24/pilot-flying-j-hispanics/2110991/

In order for the FBI to get a search warrant someone must file an affidavit that contains facts that would convince a Federal Court Judge to issue the warrant.  The 120 page affidavit that is file can be found at this link.

https://www.tennessean.com/interactive/article/20130419/NEWS03/130419010/FBI-Affidavit-Pilot-Flying-J-case

Finally, Pilot posted a statement on its Facebook page.

https://www.facebook.com/notes/pilot-travel-centers/statement-from-pilot-flying-j-ceo-jimmy-haslam-april-22-2013-3pm/10152737802920262

Knoxnews reports that petitions to certify class action suits against Pilot Flying J have been filed in Tennessee, Alabama and Arkansas.

http://www.knoxnews.com/news/2013/apr/26/more-lawsuits-filed-against-pilot-flying-j/?partner=newsletter_headlines

Management at Pilot Flying J clearly have their hands full on this one.

Do you subscribe to the thought that where there’s smoke there’s fire?  Or are you willing to wait until all the facts come out to make your decision about the management of Pilot Flying J?  Let me know in the comments below.

Well, almost everyone.

Sevierville attorney Dan Scott reports that the Tennessee Court of Appeals once again confirmed that if you fail to repay property taxes you can lose your real property forever.

In the case of Ruby Lois Dye v. Leonard Waldo, et al, the Court was faced with a claim made by Ruby Dye that she owned an additional 19.2 acres of property that adjoined the property that was described in her deed.  Dye acquired her property in 1988 and the description in the deed did not include this 19.2 acres she was claiming to own in this case.  What’s more, is that she never paid any property taxes on the 19.2 acres.

In fact, the Defendants (the persons Dye sued) had paid all the taxes for the property in dispute for over 22 consecutive years.

Is this a land grab case?

So the case looks like it was perhaps a land grab by Dye.  The Court found it interesting that “Dock W. Smith had previously completed a survey on Dye’s property in December 2009.  Upon review of the survey, Dye made no assertion as to any alleged property to be in dispute and accepted the facts as to the size, location, and acreage of her property.”

Dye asserted that she owned the property as a result of a doctrine called adverse possession.  However she put on essentially no proof that she had actually exercised control of the property for over 7 years.

When the case went to trial, the Defendants did not put on any proof.  Instead when Dye rested her case, the Defendants made a motion asking the court to find that Dye was completely barred from making the claim because she failed to pay taxes on the property for over 22 years.  The statute relied upon by the Defendants is TCA 28-2-109 entitled, Presumption of Ownership from payment of Taxes, which provides that:

Any person holding any real estate or land of any kind, or any legal or equitable interest therein, who has paid, or who and those through whom such person claims have paid, the state and county taxes on the same for more than twenty (20) years continuously prior to the date when any question arises in any of the courts of this state concerning the same, and who has had or who and those through whom such person claims have had, such person’s deed, conveyance, grant or other assurance of title recorded in the register’s office of the county in which the land lies, for such period of more than twenty (20) years, shall be presumed prima facie to be the legal owner of such land.

The Court of Appeals agreed with the trial court that Dye could not maintain her claim.  The Court found the statute mentioned above was a complete bar to recovery.

This seems like the correct result based upon the facts recited in the Court’s opinion.  You can read or download the Court Opinion here.

LESSON LEARNED: If you think you own property you better pay taxes on it!

Attorney Dan Scott has been serving folks in Sevier, Knox, Jefferson and Blount County for over 25 years.

At issue is whether the assets of the owners (primarily family members) are at risk of losing their assets as well.  It is reported that the owners siphoned off roughly $16 Million (yes, you read that right) in wages and profits from the firm in just one 12 month period.

A key issue is what did the owners know and when did they know it.  We’ve asked this question before.

Even if the entire $16 Million is recovered it will not likely compensate victims families for the loss they have suffered.

The story is covered by the Boston Globe as well.

Owners of corporations seldom place their assets at risk when the companies fortunes turn sour.  The main reason to conduct your business as a corporation or a limited liability company (LLC) is to shield your personal assets and the assets of your family from the claims of the company’s creditors.

However here, it is alleged that the owners ignored the fact that the rooms where the company was compounding drugs were obviously not sterile.  They should have been.  This may prove to be devastating to these owners.  However those who have died or suffered serious illnesses are really the losers.

They’ve lost more than money!

At the request of the Credit Card Industry Lobbyists, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act effective in October 2005.  Since then, if you file a Knoxville bankruptcy when your debts are primarily consumer debts you must go through what is known as the “means test.”  The Means Test is intentionally designed to make it harder for people to file Chapter 7 bankruptcy.

If you are above the “median income” then in many cases you must file a Chapter 13 bankruptcy. However it’s important to know that even if you are above the median income, you may be entitled to specific deductions from your income which may still allow you to file a Chapter 7 bankruptcy.

Because the banks and credit card companies claimed that people were abusing the bankruptcy system by discharging their unsecured debts even though they could make the regular payments Congress passed the requirement of the Means Test.

For folks filing bankruptcy in Knoxville it’s important to know that the Means Test changes a couple of times each year. The Federal Government establishes the new numbers which will be effective November 1.  This year the new numbers will hurt families that are attempting tofile Chapter 7 bankruptcy in Knoxville because in almost every category the “median income” is being lowered.  Remember that is you are above the “median income” when your income is averaged for the last 6 months then you must move on to the second phase of the Means Test to determine if you can file a Chapter 7.

A comparison of the before and after November 1 median income numbers should be helpful.



As you can see, if you are filing bankruptcy in Knoxville it will become harder to file a Chapter 7 case for many families.  This holds true if you live in Maryville, Sevierville, Pigeon Forge, Gatlinburg, Dandridge or Jefferson City.  We help families in all those cities tackle their debt problems by evaluating whether a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy is the best solution.  Often we recommend a Chapter 13 in order to help families save their home from foreclosure.

Obviously, the means test is just one aspect that must be considered in determining whether to file Chapter 7 Bankruptcy.  It’s easy to know and understand your options if you consult with an experienced Knoxville – Sevierville bankruptcy attorney.  We offer a free consultation so that you can know your rights and how to protect your family.

Call Knoxville – Sevierville Bankrutpcy Attorneys Today.

You are one call away for getting advice from a bankruptcy attorney with over 25 years of experience in filing bankruptcies.  Call TODAY at 865-246-1050.

The pain is compounded with the thought of losing home and the social stigma attached to it. However, not everyone loses their home during a business bankruptcy. If you are lying on the verge of bankruptcy and trying to protect your ‘sweet home’ by hook or by crook, you must be relieved to know there are ways to do it. In fact,

laws are in force to protect a certain amount of equity in a home in the event of bankruptcy. However it is best to opt for a debt management or debt consolidation services or a credit card debt consolidation if you have additional arrears on your credit cards, before things get really dicey to save both your home and life from a financial disaster of bankruptcy. Read on to know the following ways to spare your house from business bankruptcy.

Your first and foremost duty is to find the bankruptcy option that will cause less damage to your current financial situation. Both a business and an individual can file a Chapter 7 bankruptcy. A chapter 7 Bankruptcy generally requires complete liquidation of almost all the assets and allows limited exemptions, including the bankrupt’s home. Individuals can qualify for a Chapter 13 as well, which sometimes allows them to keep his secured assets, including his home. However, here the debtors have to make the monthly payments to cover the house note and the arrears spread over a time period agreed upon.

• Provided the filing is solely a business bankruptcy, there are chances to protect your home from being taken away. If the business is a corporation or a limited liability partnership, then the individual or the owner of the stock of the company won’t lose his personal assets, including his home. However, a sole proprietorship will be regarded as an individual bankruptcy, and therefore can put the home at jeopardy.

• You can take a few steps early to keep the home safe. If the business is established on a corporation or a limited liability partnership, then the personal assets of the business owner can remain protected during a business bankruptcy.

• Before the business is formed, if an individual passes on his home to another entity (like his spouse, children), in a trust and still maintain possession of the home, he may not have to lose his home at bankruptcy.

• Last but not the least, you can take advantage of the state and federal exemption laws as well. Under federal law in the event of a Chapter 7, a debtor can keep his home, only if the debtor has less than $20,000 worth of equity in his home, after bearing all expenses to sale the home. In a number of states, the debtor can opt to take the state exemptions, which in many cases exceeds the federal exemption as well.

To conclude, make sure, you consult with legal counsel before try your hands on any business venture, and adopt prior measures to keep your home protected in the event financial fortunes go adversely and bankruptcy is imminent.

If you are considering bankruptcy, contact Knoxville Bankruptcy Attorney Dan Scott

If you have a small business and are wondering where to turn, be sure to seek the advice of an experienced bankruptcy attorney. We help individuals and businesses from Knoxville, Sevierville, Maryville and Jefferson City evaluate the options available during these difficult times.  Call and set up a free consultation with Knoxville Bankruptcy Attorney Dan Scott at 865-246-1050 today.

Photo Credit:  Flickr: MyEye

So what does a bankruptcy discharge mean?

I get both of these questions often, so I’ll explain it in the video below.

If you need more info, just give us a call at 865-246-1050 for a free consultation.

Methotrexate

The simple answer is yes.  But you’ve got to know more.

There are basically two types of bankruptcies most individuals file- a Chapter 7 or a Chapter 13.

The Bankruptcy Code requires you to list all your debts (the people you owe) and all your assets.  This will include past due utility and cable bills.  Utility providers include cable television, internet, electric, water, natural gas, and sometimes security monitoring services.  Obviously, eventhough not utility providers, this requirement also requires you to list debts like doctors, hospitals, check cashing companies and even attorneys.

A Chapter 7 bankruptcy (often referred to as a liquidation bankruptcy) is probably the quickest and simplest form of bankruptcy.  The Chapter 7 Trustee is required to liquidate your non-exempt assets to pay creditors.  Understand that the Chapter 7 Trustee has no money to pay claims unless you have non-exempt assets to liquidate.  The Chapter 7 Trustee pays claims in accordance with the priority of claims scheduled in the Bankruptcy Code.

If you owe past utility bills going into your case, the utility provider will be listed in your bankruptcy papers.  Often the utility company may require an increase deposit to continue service. The law permits them to do that.  So as a practical matter, you probably don’t want to owe your current utility providers money when you file your case.

Understand that you are not the first person who filed bankruptcy owing an old utility bill.  These losses are factored into the rates you have paid in the past and will pay in the future.  Also remember that the utility provider will take action to minimize its risk of non-payment in the future.  This may include increasing the amount of your deposit.

There are many things to think about when you are considering filing a bankruptcy.  You will file a Knoxville bankruptcy whether you live in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Walland, Maryville or some place in between.  Be sure to consult with an experienced bankruptcy attorney as you make this difficult decision.

Contact Knoxville – Sevierville Bankruptcy Attorneys

If you are considering bankruptcy, trust the experienced attorneys at Scott Law Group, PC. We’ve been filing consumer bankruptcy cases since 1983. We offer a free consultation to discuss your situation and to help you explore your options. If you are considering bankruptcy call us TODAY at 865-246-1050.

Photo Credit:  Flickr:  Dustin Coates

Actonel

Perhaps you’ve received a notice of foreclosure or repossession?  Maybe you have been served with a lawsuit.

More Money Problems

If one or more of these things have happen to you, perhaps its time to consider a Chapter 7 bankruptcy.

As a Knoxville Bankruptcy Attorney, I’m proud to say that the US Congress has declared our firm to be a “Debt Relief Agency.”

Why?  Because we help people file bankruptcy.

After over 25 years filing bankruptcy cases of every kind, we know the challenges you are facing, the embarrassment over the inability to pay your bills, and the stress that’s caused by creditors calling and calling.

When I file your bankruptcy case the court immediately issues an injunction that prohibits creditors from contacting you or taking any action to collect their debt.  That’s a good thing!

So What Is Chapter 7 Bankruptcy?

Although Chapter 7 bankruptcy is often referred to as a liquidation bankruptcy, for most of our clients they LOSE NO PROPERTY IN THE BANKRUPTCY.

That’s a good thing.

In the Chapter 7 bankruptcy all of your unsecured debts (debts for which the creditor did not retain a lien like in a car loan) are discharged.  Certainly, there are specific exceptions for student loans, taxes, child support payments and criminal fines, including traffic tickets.

But for most of our clients they get complete debt relief except for their car and their house.

An experienced bankruptcy lawyer can help evaluate your assets and determine whether you qualify for a Chapter 7 bankruptcy or whether you should consider Chapter 13.    Since you have a personal property exemption of $10,000 (this means two times $10,000 for couples) most of the property you own will not be subject to the claims of creditors.  As a result, most of our clients do not lose any property in their Chapter 7 bankruptcy.

Since the moment you file an automatic injunction issues (called the automatic stay) will be issued.  This effectively stops foreclosure, repossession, creditor lawsuits, creditor harassment and wage garnishment.  That’s a good thing!

About 30 days after you file bankruptcy, you will have a creditors meeting.  This is often referred to as the 341 creditors meeting.

You are required to attend this meeting or your case will be dismissed.  At that meeting the Chapter 7 Trustee wants to know if you have any assets that can be sold to pay your creditors.  (This is where the exemptions come into play.  Most of our clients exempt all of their assets from the Chapter 7 trustee.)  The Chapter 7 trustee also wants to know, “Did you tell the truth?”

Everything you do and say in a bankruptcy case is under penalty of perjury.  So you’ve absolutely got to tell the truth.

About 90 days from your creditors meeting you’ll get a bankruptcy discharge.  This is a bankruptcy court order that says you no longer owe the debt.  That’s a good thing.

If you are considering bankruptcy, contact Knoxville Bankruptcy Attorney Dan Scott

If you have a small business and are wondering where to turn, be sure to seek the advice of an experienced bankruptcy attorney. We help individuals and businesses from Knoxville, Sevierville, Maryville and Jefferson City evaluate the options available during these difficult times.  Call and set up a free consultation with Knoxville Bankruptcy Attorney Dan Scott at 865-246-1050 today.

Photo Credit:  Flickr: espnensorvik