Saturday, March 12, 2005

In a vote of 74-25 last Thursday, the US Senate passed a measure that would change bankruptcy laws, making it harder for individuals seeking relief from their debt burden to avoid repayment. Almost twenty Democrats joined Republicans, who currently hold a majority of the seats in the US Senate, in passing the bill.

Lobbyists for credit card companies and financial services firms have worked for the bill during the last two administrations. A similar measure passed both the Senate and House during the previous administration, but then President Bill Clinton pocket-vetoed the measure in 2000.

Democrats sought to soften the bill by allowing bankruptcy filers to negotiate directly with lenders for relief, but the amendments were defeated by the Republican-controlled Senate. Proponents of the bill claim the rise of bankruptcy filings to nearly 1.5 million a year shows that abusers of credit use the filings to shield themselves from irresponsible practices.

“There has been an explosion of bankruptcy,” said Iowa Republican Sen. Charles E. Grassley, the bill’s sponsor. “We preserve the principle of a fresh start, but we also establish a principle that if you have the ability to repay some of your debt, you are not going to get off scot-free.” However, Massachusetts Democratic Sen., Edward M. Kennedy said, “This legislation makes the bankruptcy courts of the United States the collection agency for the credit-card industry.”

The bill impacts a broad spectrum of bankruptcy law, but the most significant impact is on personal bankruptcy filings. Individuals who get behind in repaying credit card debt face high interest charges and stiff late payment fees. By only meeting minimum payment requirements, borrowers remit to the lender over the life of the loan an amount in interest and other fees that can far exceed the value of the principal balance of the loan. This can put consumers who run up high balances on various cards at financial risk of default. Critics of the bill blame these aggressive lending practices as a contributing factor in the rising trend of bankruptcy filings from 1996.

The proposed bill doesn’t only affect debtors with credit card debt.

It also affects debtors who have run up large medical bills.

Patients with a past medical history that disqualifies them from full medical coverage, can easily find themselves facing insurmountable medical bills after just a short stay in the hospital. These individuals will no longer be able to get a fresh start after these personal disasters, and will be forced to live in poverty until they can pay off their medical bills as part of their Chapter 13 filing. (Prior to this bill, they would have been able to file Chapter 7, completely discharging their debt.)

Chapter 7, which accounts for 70% of bankruptcy filings, allows individuals to eliminate most non-secured debts after liquidating assets, with the notable exemption of one’s principle residence in most states. The Senate passed bill would change Chapter 7 eligibility by applying a means-test, where those with a median income higher than the state average would be required to file under Chapter 13 provisions. Under Chapter 13 protection, an individual’s debt is not forgiven; rather it is restructured for payment under more lenient terms.

This was the first major overhaul of federal bankruptcy law in many years.

Under the old bankruptcy law, a personal bankruptcy attorney could not be held financially responsible for his clients mendacity. Under the new bankruptcy law, the bankruptcy attorney is responsible for his client’s lies to the Court about his assets and the bankruptcy attorney and his insurance carrier can be held responsible by the Bankruptcy Court.

The result is that personal bankruptcy attorneys (this does not apply to corporate bankruptcy attorneys) are likely to flee the personal bankruptcy field when the new law takes effect. Their insurance companies will not offer the sort of coverage that they would need to continue to practice.

So when consumers need to file personal bankruptcy under the new law, they will be unlikely to find a bankruptcy attorney to represent them. Consumers will have to file pro se: such consumers will be likely to fail due to the complexity of the law.

The bottom line is that the field of personal bankruptcy law as a practice area of law will cease to exist when the new bankruptcy law takes effect, and consumers will be unable to secure legal counsel and so consumers will lose what legal protections counsel now affords them.

Under the new bankruptcy law about one half million Americans will be forest to pay for at lest 5 years on longer they will be held in servitude as chattel they will be completely subservient to a dominating influence of the company that holds the loan. Their loan will be put on the market for sale for profit. The people will be forced to work harder. People who fail to go to court will have a arrest warrant made out in their name and people who refuseto pay. They will be subject to fines and or jail. About fifty thousand Americans will punished by a fine and or about three thousand Americans every year will go to jail under the new bankruptcy law. For some people this will be a third strike they will be put in jail for life.

The bill has the support of President Bush, and its passage in the House sometime next month seems likely. If enacted into law, lending companies will recover more money on what otherwise would be written off as bad loans. Those persons of median and higher income seeking relief would be required to file under Chapter 13 status and pay up to $100 per month under court imposed conditions. It is expected the proposed changes would cause a sharp increase in filings before the new law could take effect.

Saturday, May 17, 2008

Construction workers and next of kin of deceased workers filed a lawsuit in Tokyo, Japan Friday seeking damages of approximately 6.6 billion yen (about US$64 million) from the government and manufacturers related to illnesses stemming from exposure to asbestos. 178 plaintiffs; including construction workers and family members filed the suit in Tokyo District Court against 46 building manufacturers and the Government of Japan.

According to the Mainichi Daily News, the class action suit is the first that has been filed in Japan related to health damages caused by asbestos exposure at construction sites. The plaintiffs hail from the Japanese prefectures of Tokyo, Saitama and Chiba.

The plaintiffs claim that the government and manufacturers knew of the dangers of asbestos inhalation but failed to take proper precautions, including ceasing to promote asbestos as a cheap fire retardant and banning production of the material.

They state that after inhaling asbestos in the workplace, 172 people have developed lung cancer or mesothelioma, and that almost half of those afflicted are now dead. Plaintiffs argue that the government and health ministry did not act quickly enough after international organizations issued warnings in 1972 that asbestos could be a carcinogen.

Plaintiffs also place blame with the Ministry of Economy, Trade and Industry for sanctioning the use of asbestos under Japanese Industrial Standards, and with the Ministry of Land, Infrastructure and Transport for approving the use of materials comprised of asbestos and other substances under Japan’s Building Standards Law.

“We will do our utmost until we win the suit,” said Kazuo Miyajima, 78, who heads the group of plaintiffs. Lawyers for the plaintiffs released a statement saying: “We seek complete relief for the victims by clarifying the liability of the state and the manufacturers.”

Approximately 40 construction workers from Kanagawa Prefecture plan to file a similar lawsuit in June in Yokohama District Court.

After a 2005 revelation that residents who lived near a factory in Amagasaki, Hyogo Prefecture developed diseases related to asbestos, the government implemented a law in 2006 which provides monetary assistance to asbestos victims and relatives of deceased family members. The plaintiffs argue that the amount of financial assistance given to families and victims of asbestos-related diseases is not sufficient.

Asbestos has been used in Japan as a fire retardant, for sound absorption, and for insulation. It was mixed in concrete and water and sprayed on walls and ceilings, but the practice of spraying asbestos in this manner was banned in Japan in 1975.

Tuesday, January 30, 2007

Scientists have uncovered the largest Neolithic settlement in the United Kingdom at the Durrington Walls and believe that the village was inhabited by the people who built the Stonehenge monument.

Scientists say that the village was built around 2,600 B.C., roughly when Stonehenge was believed to have been constructed, and housed over 100 people.

Inside the areas which would have been the interior of houses at the time, scientists also found outlines of what they think were beds and cupboards or dressers. Pieces of pottery and “filthy” rubbish around the site. Animal bones, arrowheads, stone tools and other relics were also discovered.

“We’ve never seen such quantities of pottery and animal bone and flint. In what were houses, we have excavated the outlines on the floors of box beds and wooden dressers or cupboards,” said Sheffield University archaeologist Mike Parker Pearson.

So far, the dig has revealed at least 8 houses roughly 14-16 feet square, but scientists say that they think there may have been at least 25 altogether.

The site was likely to have been occupied only seasonally rather than year-round and evidence suggests that a lot of “partying” went on at the location.

“The animal bones are being thrown away half-eaten. It’s what we call a feasting assemblage. This is where they went to party – you could say it was the first free festival. The rubbish isn’t your average domestic debris. There’s a lack of craft-working equipment for cleaning animal hides and no evidence for crop-processing,” added Pearson.

The Durrington Walls are approximately 2 miles from the Stonehenge site.

Saturday, August 25, 2007

The leading supplier of school uniforms in the United Kingdom, Lancashire-based manufacturer Trutex, has announced it is “seriously considering” including GPS tracking devices in future ranges of its uniform products after conducting an online survey of both parents and children.

“As a direct result of the survey, we are now seriously considering incorporating a [tracking] device into future ranges” said Trutex marketing director Clare Rix.

The survey questioned 809 parents and 444 children aged nine to 16. It showed that 44% of parents were worried about the safety of pre-teen children, and 59% wanted tracking devices installed in school apparel. 39% of children aged nine to 12 were prepared to wear clothing with tracking devices in them, while teenagers were notably less enthusiastic and more wary of what Trutex has admitted they see as a “big brother” concept.

However, Trutex has claimed the tracking devices would bring about worthwhile benefits, including being a valuable resource for parents who wanted to keep a close eye on where their children were at all times.

“As well as being a safety net for parents, there could be real benefits for schools who could keep a closer track on the whereabouts of their pupils, potentially reducing truancy levels” says Rix.

Each year, Trutex supplies 1 million blouses, 1.1 million shirts, 250,000 pairs of trousers, 20,000 blazers, 60,000 skirts and 110,000 pieces of knitwear to the UK.

It is not the first company to manufacture school uniforms with a central focus on child safety; last week Essex firm BladeRunner revealed it was selling stab-proof school blazers to parents concerned about violence against their children. The blazers were outfitted with Kevlar, a synthetic fibre used in body armour. It has already received orders internationally, including Australia.

If the Trutex tracking devices go ahead, it is unclear where in the uniform they will be located.

Saturday, February 18, 2006

Yesterday February 17, 2006, the World Health Organisation officially declared presence of the H5N1 strain of the avian flu virus in Egypt.

“There is avian flu now in Egypt,” Hassan el Bushra, regional adviser for emerging diseases at the eastern Mediterranean regional office of the WHO said. His response was to the reported presence of H5N1 virus in dead birds in three areas in Egypt – namely Cairo, Giza, and Al-Minya.

Today February 18, 2006, a responsible source from Egyptian ministry of health announced reporting of another 25 cases of infected birds in Al-Minya with aftermath of 35 confirmed cases between birds, yet there are no human cases reported.

Egypt has banned the import of live birds and has tightened quarantine controls at airports to keep out bird flu. It has also canceled the annual bird hunting season to minimize contacts between people and migrant birds.In Cairo phone numbers 3912136, 3907147, and the hotline 152 have been assigned for reporting any suspected cases. A newly formed unit formed of veterinarians and preventive medicine specialists in Giza actively studying more than 70 reports of dead birds for exclusion of H5N1.

Egyptian Prime Minister Ahmed Naxif has advised people who breed poultry at their homes to dispose of their birds to prevent the virus from spreading.

“The time has come to get rid of the idea of breeding chickens on the roofs of houses, especially under current circumstances,” he said.

Many Egyptian citizens breed chickens and pigeons on the roof of their residences for their own consumption and as a source of extra income.

Despite avian flu mainly being a disease of poultry, it has also infected 171 people, killing 93 of them, and is steadily mutating. If it acquires the ability to pass easily from person to person it could cause a pandemic that might kill millions.

Tuesday, June 27, 2006

Australian Minister for Vocational Education and Training, Gary Hardgrave has announced the government will provide AU$15.8 million to establish an Australian Technical College in North Adelaide. The minister said the government was entering into a partnership with the Archdiocese of Adelaide and consortium of industrial and manufacturing companies.

The North Adelaide college will be located in Elizabeth and be operated as an independent non-government school. The college is one of 25 to be established across the country.

Enrolments at the college will begin in 2007 and will offer courses in areas where identified skills shortages exist in the North Adelaide region, specifically – engineering, construction, electronics and cooking.

Mr Hardgrave said that the proposed college had been popular among the North Adelaide business community. “This important initiative has been well received by North Adelaide business and industry, and will help to address skills needs and provide opportunities for those in greatest need, including a lot of Indigenous students in the region,” Mr Hardgrave said.

“The fact that this College is being led by local employers, local government and other key stakeholders, means it will be truly industry and community driven,” he said.

Australian Technical Colleges were established to cater for year 11 and 12 students who wish to do an apprenticeship as part of their school education.

The Australian Education Union has expressed a number of concerns about the model put forward by the government. In a report, they claim that trade facilities at TAFE colleges (operated by state governments) will deteriorate as funding is diverted to the ATCs. The union is also concerned that ATCs are supposed to be selective VET schools. According to the union they will have selective entry and preferential funding. It is feared that teachers will be lured away from schools and TAFE colleges to higher paid positions in ATCs.

The Education Union suggested that the government invest in schools that already offer vocational education programs.

Friday, October 5, 2007

The widow and five children of former Chilean dictator Augusto Pinochet have been arrested in Chile on embezzlement charges. They are accused of illegally transferring USD27 million to foreign bank accounts during Pinochet’s rule from 1973 to 1990. Seventeen of Pinochet’s former associates, including his former personal secretary and three retired army generals, were also arrested.

Pinochet had been charged with tax evasion, fraud, and embezzlement following a 2004 U.S. Senate investigation. In December 2006, he died without having been brought to trial. However, Chilean Judge Carlos Cerda said there were “solid indications” that Pinochet’s family and associates had also “participated in the misuse of fiscal funds”.

Jose Miguel Vivanco of Human Rights Watch called the decision “an extremely important development for Chile’s democracy and the rule of law. Going after the relatives of the powerful and the fortunes they amassed used to be considered off limits,” he said.

Pinochet family lawyer Pablo Rodriguez said he was “astonished by this illegal and abusive decision by the judge”, and that he was “sure that it will be reversed by the Court of Appeals.”