June 30, 2017 In late 2015, Miller was charged with hiding hundreds of thousands of dollars after filing for Chapter 11 bankruptcy three years prior. She was also charged with smuggling in over $100,000 in foreign currency into the country without legally declaring it to customs. Miller pled guilty to bankruptcy fraud in the summer of 2016. Almost a full year later, she finally learned her fate in early May 2017. Sentenced to one year and one day in prison, Miller will face further supervision upon release. She will also pay $160,000 in fines and judgments. You know her as the tough-as-nails face of Lifetime’s hit reality series, “Dance Moms.” Now Abby Lee Miller is facing a new kind of reality—prison. Miller built an entire brand on her loud and tough style of instructing young girls in the world of dance. Many criticized her treatment of the girls as near abusive. She has since departed the hit show, replaced by Cheryl Burke of “Dancing With The Stars” fame for the 2016 – 2017 season. While the series’ fate beyond this season remains uncertain, Miller will likely be a news story for the duration of her sentence. Given her tough image, many speculate how she will deal with serving actual prison time. However, she might not serve her entire sentence and could be looking at about 10 months of time behind bars rather than the full year with further time at a probationary facility . Despite her legal woes, Miller elected to go about business as usual. She made promotional stops for her show and embarked on approved business trips overseas. Still, she claims she understands the gravity of the charges against her. Despite how people might expect her to react given her public image, she has publically expressed both a willingness to accept responsibility for her mistakes and a fear of what might await her behind bars. If you want to file Chapter 11 bankruptcy , you need to follow specific guidelines, including the declaration of all monies and properties. Our seasoned attorneys can provide you with proper counsel to help you avoid legal problems.
June 20, 2017 The family of the late Robert Huskey is pursuing legal civil action against a Picayune, Louisiana funeral home that reportedly told the family members that they did not “deal with his kind,” referencing his gay marriage . The family had seemingly finalized arrangements to cremate the remains of the late Robert Huskey. With payments made and paperwork pending after the 86-year-old’s death, the family believed the paperwork was done. However, the paperwork listed one John Zawadski as the deceased’s husband, so the funeral home backed out of the arrangement. John Gaspari, the biological nephew of the widowed Zawadski, had taken over funeral planning in an effort to relieve his uncle of the burden. He grew up viewing Huskey as an uncle and felt outrage and disgust that such prejudices persisted even against a dead man. In the wake of the decision to refuse funeral services, Gaspari scrambled to find an alternative. He secured another funeral home in Hattiesburg, a 75-mile drive from Picayune. Unfortunately, due to the new nursing home’s lack of a morgue to hold the body until the hearse arrived, Gaspari had to hire the services of yet another funeral home to hold the body for a few hours. Given the distance of the new venue, Gaspari cancelled plans for the luncheon following the burial. Huskey had taken ill due to heart ailments in his final years. He’d previously undergone bypass surgery, but his condition deteriorated to the point where he could no longer receive proper care at home. When asked for comment, Henrietta Brewer, the co-owner of the Picayune Funeral Home, denied that her business refused crematory services due to sexual orientation . Furthermore, she insisted that nobody from the home had spoken the words “their kind” to any other party, including the nursing home staff. While Zawadski is seeking monetary damages , he clarifies that his goal is to ensure that no families go through such experiences in the future. Larry Bellomo is an Orange County attorney with over 30 years of experience practicing Bankruptcy and Family Law. If you feel that your civil rights have been violated because of your sexual orientation, you might want to seek legal counsel. Our attorneys can provide you with specific guidance relevant to your situation.
June 10, 2017 Kara McCullough, crowned as the 2017 Miss USA in May , ignited controversy with comments on some hot button social issues. During a Q&A session in pageant, McCullough was asked her opinion on whether healthcare is a right or a privilege. McCullough argued that it was a privilege. In order to have healthcare, she says, we need to have jobs. She cites that her healthcare comes as a benefit of working for the government . Thus, in order to increase access to healthcare, people need access to more jobs. Her comments did not sit well with many advocates of healthcare as a right. They took to social media to decry her position. The comments come as the United States Senate is debating a bill to repeal the Affordable Care Act, more commonly known as Obamacare . The Trump administration recently expressed openness to permitting states to add work requirements to younger Medicaid recipients. Trump owned the Miss USA pageant before selling it to a talent agency in 2015. Additional controversy came from McCullough’s comments about feminism, downplaying her very use of the term to herself. She instead employed the word “equalist.” She views men and women with equal opportunities in the workplace. She cites the leadership of many women in scientific fields as an inspiration for her own career success. She runs an outreach program to provide education and tutoring to students. While progressives remain pleased that the finalists for Miss USA this year promote diversity, the views of the new Miss USA have proven difficult for them. On the other hand, conservatives have balanced the temperament of social reaction to her comments. Many in right-wing media outlets have praised her accomplishments and her status as a strong role model for young women .  Prior to the Q&A section, McCullough was still a fan favorite and finalist among fan-submitted votes. Her crowning marks the second year in a row the representative of D.C. has taken home the title of Miss USA. Numerous outspoken public figures have vocalized their views on liberal policies. When a newly recognized person brings a more temperate approach to the table, he or she sometimes experiences backlash. If you feel that your rights have been violated because you have expressed outspoken views, contact our legal team for support.
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
