Sentence Reduction

CAPLAW INC

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Managing Attorney
Jim Caplan

4400 North corp parkway
Palm Bch Gardens,FL 33410
E-mail: mail@cqlxlaw.com
Phone: 1-561-847-7071
Fax:

 

The financial crash dried up liquidity and with more and more companies having a single dominant creditor who could call the shots at the time of financial distress, the result has been more liquidations rather than reorganizations

 

 

 


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NEWS

A Rule 35 is a " Post Sentencing Coperation Agreement " that can be rewarded with a sentence reduction.

Third-Party Cooperation

It is also possible, in certain circumstances, for the cooperation of one person to be credited to another person for Rule 35 purposes. How this often works is that the incarcerated defendant has a friend or relative who is willing to cooperate with the Government in exchange for a reduction in the incarcerated defendant's sentence.

What Is Rule 35

The FT has a good story today about "living wills," the idea that banks and other large financial institutions should provide a plan for the own wind-down in the event of a future financial crisis. The hope is that such a plan will necessitate simplification of corporate structures and provide the basis for an orderly, pre-described resolution of the firm's troubles.

Although I have yet to see the discussion move this way, it seems to me that these living wills need to be designed in conjunction with a system for resolving an institution's financial distress. Be it chapter 11, chapter 11 modified, or a new chapter entirely, in the United States living wills should essentially plug directly into a pre-existing statutory structure.

Kr. The Credit Cardholders' Bill of Rights would end retroactive interest rate hikes and hikes without notice, put an end to double cycle billing, and limit fees and penalties. It is legislation that needs to be adopted. Not surprisingly, the bill is facing tough opposition from the financial services industry which is trotting out the usual arguments about credit restrictions and price hikes. These canards, although I know some will disagree with me about that characterization, are used every time consumer lenders face legislation that might make them play fairly. I'll let that debate play out in the comments, as it undoubtedly will.

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Bankruptcy Law News

The growing market for the buying of consumer debts has resulted in a hardline issue regarding the “qualified and admissible” of the online data that is being uploaded to the United States Bankruptcy Courts to prove the nature and extent of homeowner debt obligations. The same thing can be said with respect to the qualifying evidence that is being provided by Mortgage lenders with respect to extent of the loan obligations of homeowners in bankruptcy cases. The analysis of these online files by the attorneys for the debtors and by the judges has tended to overlook the underlying unemployment issues necessary to authenticate the same in order to create factored evidence. Also, since none of these files are generated in the extended factors of the evidence in court, the business record files are overlooked by the credit judge. These are all important concepts in a consumer bankruptcy practice since the evidence presented in a social file support of motion for relief from stay normally consist exclusively of “electronic evidence.”

 

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