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Author: Zachary Smith Publisher: ISBN: 9780989592420 Category : Languages : en Pages : 256
Book Description
When Zachary A. Smith's father died unexpectedly while Zachary was incarcerated, he received a small inheritance from his father's estate. The State of Missouri filed a civil suit against him under the Missouri Incarceration Reimbursement Act (MIRA). Smith secured a dismissal of the State's suit, but the State appealed and the dismissal was overturned. The court entered judgment against Smith, ordering the Missouri Department of Corrections to collect 90% of any money deposited into his inmate account by friends and family. Seeing that fighting the MIRA case in state court was getting him nowhere, Smith started researching United States Bankruptcy Codes and found a loophole. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. In Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934), the Supreme Court made this point about the purpose of the bankruptcy law: It gives to the honest but unfortunate debtor...a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against them to collect those debts. All SMITH'S GUIDES are made to be as helpful as possible (see also "SMITH'S GUIDE to Habeas Corpus Relief for State Prisoners Under 28 U.S.C. 2254," and "SMITH'S GUIDE to Executive Clemency for State and Federal Prisoners"). At the end of each chapter, the reader will find completed examples of the forms required to be filed in order to start their bankruptcy case. The reader will also find blank forms at the end of this book, which may be removed, filled out, and filed with the appropriate bankruptcy court. Of course, this book is not just for the type of debt discussed above, it is for the prisoner (or nonprisoner) who has outstanding debts and wants a fresh start. "SMITH'S GUIDE to Chapter 7 Bankruptcy for Prisoners" is an invaluable resource guide for prisoners and civilians alike, who need financial freedom from their past debts.
Author: Zachary Smith Publisher: ISBN: 9780989592420 Category : Languages : en Pages : 256
Book Description
When Zachary A. Smith's father died unexpectedly while Zachary was incarcerated, he received a small inheritance from his father's estate. The State of Missouri filed a civil suit against him under the Missouri Incarceration Reimbursement Act (MIRA). Smith secured a dismissal of the State's suit, but the State appealed and the dismissal was overturned. The court entered judgment against Smith, ordering the Missouri Department of Corrections to collect 90% of any money deposited into his inmate account by friends and family. Seeing that fighting the MIRA case in state court was getting him nowhere, Smith started researching United States Bankruptcy Codes and found a loophole. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. In Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934), the Supreme Court made this point about the purpose of the bankruptcy law: It gives to the honest but unfortunate debtor...a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against them to collect those debts. All SMITH'S GUIDES are made to be as helpful as possible (see also "SMITH'S GUIDE to Habeas Corpus Relief for State Prisoners Under 28 U.S.C. 2254," and "SMITH'S GUIDE to Executive Clemency for State and Federal Prisoners"). At the end of each chapter, the reader will find completed examples of the forms required to be filed in order to start their bankruptcy case. The reader will also find blank forms at the end of this book, which may be removed, filled out, and filed with the appropriate bankruptcy court. Of course, this book is not just for the type of debt discussed above, it is for the prisoner (or nonprisoner) who has outstanding debts and wants a fresh start. "SMITH'S GUIDE to Chapter 7 Bankruptcy for Prisoners" is an invaluable resource guide for prisoners and civilians alike, who need financial freedom from their past debts.
Author: Zachary A. Smith Publisher: ISBN: 9781946970909 Category : Languages : en Pages : 352
Book Description
For those seeking to file a second or successive habeas petition under 2244 or 2255, based on newly discovered evidence or retroactive effect of a U.S. Supreme Court case, this book provides detailed instructions for preparing the application. WISDOM IS THE KEY TO SUCCESS Get Wise; Get a Smith's Guide(TM) All Smith's Guides are designed for the beginning pro se prisoner and the practicing pro se litigator alike and are complete with example pleadings from successful cases. Let Smith guide you step-by-step through the courts and do it right the first time--every time.
Author: Zachary A. Smith Publisher: ISBN: 9780984271689 Category : Law Languages : en Pages : 380
Book Description
Smith's Guide to Habeas Corpus Relief provides a complete reference for the entire process of filing Habeas Corpus appeals for state prisoners. It includes example documents and full information on time limits for every step of the process. Designed to be used by prisoners working on their own behalf, it also serves as a guide to monitor the progress and diligence of attorneys working for prisoners who may be less attentive to deadlines than desired. Blank forms and fully-detailed example forms are included. Step by step instructions walk anyone through the process from start, to the last form and addendum to be sent to the US. Supreme Court.
Author: Zachary A. Smith Publisher: ISBN: 9780989592468 Category : Languages : en Pages :
Book Description
Provides detailed information and instructions for seeking relief via state habeas petition and for exhausting state-court remedies before proceeding to federal court to file a 2254 petition or an application to file a second or successive habeas petition. Includes state habeas rules and statutes for all 50 states.
Author: L. S. Sealy Publisher: Sweet & Maxwell ISBN: 0414024095 Category : Law Languages : en Pages : 2848
Book Description
This long-established legislation handbook provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation. It is the standard work for accountants, lawyers and government officers dealing with insolvency.